Scottish Privy Council, 1603-1625: its composition and its work

Abstract

When James Vl told the.English.parliament in 1607, "This I must say for Scotland, and may truly vaunt it; here I sit and govern it with my pen; I write and it is done; and by a Clerk of the Council I govern Scotland now, which others could not do by the sword," it was no rhetorical turn of phrase. It was a statement of fact. He had succeeded in organising the government of Scotland in such a way as to make it one.of the most perfect examples of autocratic control in Europe -.a circumstance rendered all the more remarkable in that it was.operated by a system of remote control. Policy was formulated and directed by the king in England, and carried out by his Privy Council in Scotland. To delegate such a function to parliament would have.been impossible. Any such body would, of necessity, have had to be in session for the greater part of the year, and in any case, parliamentary machinery would have been too cumbersome, nor would parliament have been such a flexible instrument in the king's hands. From his point of view, it was essential to have an amenable body of men bound to his service by gratitude for honours, awards, and estates received, and prepared to carry on their devoted service in the hope that the royal bounty would continue. Furthermore, the Privy Council was a body which a strong king could control completely. Although at times of weakness of the monarchy, the Privy Council might be influenced and appointed by other than royal commands, there were precedents for the monarchy in its strength regarding and treating it as a body totally dependent on the ,royal will and pleasure. Therefore, on the fourth of April, 1603, the king's arrangements for the government of Scotland in his absence, were incorporated verbatim in an "Act anent nominatioun of the Counsall."

Right at the start, James set the tone for so many of his future enactments. "We have electit, nominat, and chosin ... our haill auld Counsall to be our ordinar Previe Counsall, to quhome or ony sevin of thame, we have committit... the full administratioun (and) governament... and with als greit power as ever ony commissionis hes bene grantit heirtofoir..." The choice and appointment were by the king, while the commission was as sweeping as it was vague. The Privy Council was to sit in Edinburgh or any other convenient place. Its days of,meeting were to be the same as those in the Privy Council Act of 1598 - Tuesdays for state affairs, and Thursdays for actions. In time of emergency or vacation, a quorum was to be five instead of seven, for "small actions pertening to the Counsall," but all matters of greater importance were to remitted to a "mair frequent and ordinary nowmer." This loophole was on occasion used,by the council if they were playing for time, or were unwilling to take responsibility. They were empowered to get from the Treasurer whatever monies were recuired for the government of the country, and if necessary, were to appoint a lieutenant to enforce their jurisdiction. They were to appoint annual auditors of the exchequer. They were also to receive resignations of lands and other buildngs in the king's name. Law days were to be fixed "upoun sic ressonable causis as thay sall think expedient..." They were to grant licences for leaving the country. Finally, the lieges were charged to "reverence, acknowledge, and obey our said Counsall in all thingis under pane of tressoun." Only two days after this proclamation, James, from_Berwiok-on- Tweed, put the care of "baith the marches of England and Scotland" in the hands of the Scottish Privy Council.

In the few weeks which followed, the Privy Council proceeded to clarify the position in which they had been left. It was deemed necessary to point out to those who thought that the "present estait of this realme of Scotland is left withowt any gove~nament. at all...", that such government had in fact been vested in the Privy Council by the king, and that all jurisdictions in the country must.continue just as if the king were still in Scotland. Warming to the task, the Council went on to remind the lieges of a statutory, death. penalty for anyone spreading false rumours about the king or Privy Council, and that any. "tulzies" within a mile of where the Privy council was sitting would be punished with the same penalty as that which would have been enforced had the king been present. Then, further to implement their commission, the king authorised comptroller Murray (later.Lord Scone) to raise a mobile guard of forty horsemen· to be at the service of the Council. Such were. the arrangements made by James for the conduct of affairs in Scotland during his stay in England.