A Biographical Note on James Maxwell,Gentleman Usher of the Black Rod

This note seeks to clarify the course of the career of James Maxwell, gentleman usher of the black rod in several earlier Stuart parliaments. Maxwell was a Scot who followed James I south in 1603, serving in his household and that of Charles I, first as a gentleman usher daily waiter, and from 1619 as a groom of the bedchamber. In 1620 he secured the office of black rod. In 1642 he failed to follow the king to Oxford but remained with the parliament at Westminster, although largely delegating his duties as black rod to his associate, Alexander Thayne. In 1647, he was allowed by parliament to attend the king at Holdenby House. He died in 1650 as earl of Dirletoun in Scotland, although the circumstances in which he acquired this title are obscure.     

Playing with Fire: The 4th Duke of Hamilton's Jacobite Politics and the Union

James Hamilton, duke of Hamilton and the Scots jacobites are generally linked in analyses of the final years of the Scots polity. Indeed, Hamilton is often presented as the leader of the jacobite party in the Scottish parliament. Yet both contemporaries and historians have been unsure what to make of his on-again, off-again, conduct with respect to the exiled Stuarts and France. This has fuelled an ongoing debate about Hamilton's erratic and highly enigmatic behaviour during the winter of 1706–7, when the Union was passing the Scottish parliament. Was he genuinely opposing the Union? Was he duped by the court? Or was he, ‘bought and sold for English gold ’? This essay takes a fresh look at the duke and his part in the Union crisis in the light of new and previously underused jacobite sources with a view to better understanding Hamilton's aims, objectives, and influence with this crucial group. Only the jacobites and the Cameronians were potentially willing to take their opposition to the Union to God's Acre. But neither party immediately flew to arms in response to passage of a union they both believed was a betrayal of everything they held dear, and Hamilton was a major factor in their failure to do so. This essay thus takes a close look at the duke's part in preventing a major national uprising against the Union in the winter of 1706–7 and advances a new interpretation of his conduct and significance throughout the Union crisis.     

Adjustment and Integration: The Scottish Representation in the British House of Commons, 1707–14*

The small minority of Scots who entered the house of commons in 1707 were slow to make their mark. Besides lack of numbers, they suffered several significant disadvantages. The Westminster scene was strange, and the style and tone of debate more vigorous and informal. Moreover, the aristocracy had dominated the unicameral Scottish parliament, and commoners found it difficult to emancipate themselves from noble tutelage. Most importantly, Scottish politics did not yet reflect the two‐party system dominant in England. Thus in the first sessions the Scots were unable to make headway in the essential business of parliament, legislation. Scotland suffered in comparison with the English provinces, and even the Irish, who were able to muster a more effective lobby. Soon, however, a new generation of debaters appeared, able to use their wit to discomfit English antagonists, and a new class of ‘men of business’ who grasped the rules of the legislative game. The fortuitous deaths of leading magnates and the polarisation of sectarian antagonisms in Scotland permitted the coalescence of the Scottish representation into two broad factions allied with the English parties. It was with English tory support that bills were passed to benefit the sectional concerns of Scottish episcopalians, accompanied by other measures of a more general nature. The combined attempt by Scottish peers and MPs in 1713 to secure the repeal of the union does not point to a lasting breakdown in Anglo‐Scottish relations, since it was also a manifestation of political opportunism by English whigs and discontented tories, and their Scottish allies. But the dawn of a party system in Scotland was dispelled by the death of Queen Anne and the ensuing jacobite rebellion. The complicity of tories in the Fifteen resulted in the destruction of the party in Scotland, and the construction of a whig hegemony.     

Contesting Chivalry: James II and the control of chivalric culture in the 1450s

This article focuses on the reign of James II of Scotland (1437–1460) and argues that the Scottish king deliberately attempted to gain a monopoly over chivalry as part of his assertion of royal power. In seeking to integrate the historiographies of state-building and chivalric culture in fifteenth-century Scotland, what is offered here is an account of the principal strategies employed by James II to establish royal authority throughout Scotland, and an assessment of the various means in which chivalry was being patronised and promoted by the Scottish nobility and the political challenge inherent in this activity. James's response to this challenge is examined through a series of incidents in the 1450s and, in this manner, seeks to rethink the role of chivalry in late medieval Scotland. Far from being a peripheral cultural practice, this article argues that it should be seen as an integral part of James II's state-building agenda.     

Contesting Chivalry: James II and the control of chivalric culture in the 1450s

This article focuses on the reign of James II of Scotland (1437–1460) and argues that the Scottish king deliberately attempted to gain a monopoly over chivalry as part of his assertion of royal power. In seeking to integrate the historiographies of state-building and chivalric culture in fifteenth-century Scotland, what is offered here is an account of the principal strategies employed by James II to establish royal authority throughout Scotland, and an assessment of the various means in which chivalry was being patronised and promoted by the Scottish nobility and the political challenge inherent in this activity. James's response to this challenge is examined through a series of incidents in the 1450s and, in this manner, seeks to rethink the role of chivalry in late medieval Scotland. Far from being a peripheral cultural practice, this article argues that it should be seen as an integral part of James II's state-building agenda.     

Peers,Politics and the Price of Pepper: Skinner v. the East India Company

The case of Thomas Skinner v. the East India Company brought parliament to a standstill in 1668 in a confrontation between the Houses over their respective privileges that lasted nearly two years. There is no doubt that the case was exploited for political advantage by presbyterians anxious to block the passage of a new conventicles act, but that is far from being the whole story.  This article examines for the first time the details of the case and reliability of Skinner's claims against the East India Company.  It reveals that Thomas Skinner was somewhat of an obsessive fantasist who, far from being a presbyterian sympathiser, was close to the household of James, duke of York. At one stage his daughter was even reputed to be the mother of the ‘pretended’ prince of Wales. It concludes that Skinner was himself an unscrupulous opportunist, eager to exploit political and commercial uncertainty for private gain.     

Hegel on the World-historical

The article considers the development and the diversity of the understandings of the Norman Conquest in Jacobean England. In 1603, James VI of Scotland ascended the throne of England, and one of his first policies to unify the two kingdoms culminated in failure in face of English opposition. Modern historians have demonstrated that at the heart of this quick collapse lay a constitutional struggle—the English fear of the loss of their sovereignty. Taking this as the vantage point, the article examines a number of historical publications composed by English lawyers in the following decade. The Jacobean period witnessed a significant proliferation of historical literature, and modern historians have stressed that English common lawyers staunchly adhered to a belief in the ancient constitution, a belief in the antiquity of English law that was counter to royal policies. The article demonstrates how the Union debate, despite its eventual collapse, produced unparalleled interest in the meaning of conquest in the 1610s. It also considers the works of civil lawyers in comparison. By comparing the differing accounts of the Norman Conquest, the article ultimately demonstrates the contested nature of James's kingship in England.     

Sovereignty,mercy, and natural law: King James VI/I and Jean Bodin

ABSTRACT

The affinities between Jean Bodin's and King James VI/I's political theories have been recognized, and the fact that James had owned Bodin's Six livres de la république has been recorded, but Bodin's specific influence on James has remained nebulous. This article examines the evidence for James's direct engagement with Bodin, by studying James's copy of the Six livres alongside James's political treatises. It provides substantial new archival evidence for Bodin's influence on James's political thought and, thereby, on Scottish and English theories of sovereignty.     

The Peerage and the Revolution of 1688

Four points support the thesis that the English nobility played a critical role in the revolution. First, the later 17th‐century aristocracy was energetic, wealthy, and connected in ways facilitating political action within, and subsequently outside, the parliamentary arena. Second, it was a class conscious of status and privilege which many policies of James II bumped up against inadvertently, but often with negative consequence. Third, most peers were observant protestants in an age when religious belief, or at least the externals of practice, still mattered greatly. Fourth, habits of deference and traditional spheres of influence at the local level remained surprisingly intact despite intensive royal effort to reshape the lieutenancies, commissions of the peace, and municipal and other corporate bodies. Resistance to repeal of the Test Acts was the issue around which a leadership group emerged in the aristocracy. Initially it focused on a parliamentary solution in which an absolute majority in the house of lords could be counted on to stand firm no matter how the Commons might vote. In the absence of that opportunity and in the face of other events regarded as inimical to class, nation and the protestant interest, many peers turned away from natural alliance with the crown and – in the case of a forward group – conspired with the prince of Orange. Ultimately, more than a third of the nobility aligned itself with those peers intent on constraining the king's freedom of political action, an important factor contributing to his decision to flee.     

Parliament,the Tories and Frederick,Prince of Wales*

The alliance between the tories and Frederick, Prince of Wales has usually appeared at best a passing interlude of opportunism in eighteenth‐century politics, dismissed alike by scholars upholding ‘jacobite’ or ‘Hanoverian’ constructions of the party's identity. This article offers a re‐examination of the relationship, assessing tory actions at Westminster against the larger hinterland of party literature and journalism. It argues that, especially after 1747, the association fronted a much more serious enterprise than is conventionally assumed, highlighting the continued political and ideological independence of the party into the 1750s and shaping the subsequent evolution of its identity. Intellectually, Frederick's image as a ‘Patriot King’ was driven by radical manifestos originating within the jacobite diaspora in Paris. Inside Westminster, his patronage changed the balance of power, bringing the tories to a point of primacy hitherto unmatched over the larger opposition. For four years, the promise of the prince of Wales provided the glue to hold the tory party together; his death threatened to unleash a process of fragmentation. The long‐term legacy of the alliance informed the direction of those who remained tories into the following decade, determining the section of the party that would gain the ascendancy within the reign of George III. By showing how a member of the ruling dynasty could be recast in a favourable and highly partisan political complexion, the pact with Frederick represented a decisive stage in the reinvention of English toryism, and its movement from mid‐century opposition towards rebirth as the loyalist champions of the house of Hanover.     

The beginnings of royal pardon in Scotland

The well attested (and comprehensively studied) animus that informed English attitudes towards the Gaelic-speaking peoples of the British Isles in the twelfth and thirteenth centuries has tended to obscure important developments in the legal landscape of contemporary Scotland. This article argues that soon after 1200, the king of Scots deliberately abandoned as barbaric, obnoxious and unbecoming a Christian prince the practice of mutilating high-status political enemies and ritually defiling their bodily remains. The transformation reflected influences from England and Europe in general, but the argument here is that ultimately the change reflected the maturation of the Scottish ideas about Christian kingship, royal justice and royal mercy.     

Why the History of Parliament Has Not Been Written*

There have been legions of individual studies of the history of the English/British/United Kingdom parliament, which is not surprising, since its history is widely acknowledged to be so closely bound up with the history of the nation state itself. But there have been remarkably few attempts to put the story together, to try to consider the long‐term development of parliament as an institution. What would such a story look like? This essay discusses some of the critiques of the whiggish narrative of constitutional and parliamentary development to recognise a common theme in whiggism's tendency to anthropomorphise parliament, to describe it as a single organism with agency and purpose. To forgo that temptation, however, makes it difficult to provide a satisfying narrative of parliament over time. The essay tries to imagine how one might construct a history of parliament as an institution which no longer sees it as an actor in its own story, but, instead, a complex collection of ideas, processes, customs, and conventions, which competing forces struggle to organise in order to achieve their goals, and which is also an arena and forum for that competition.     

Jacobite Politics in the Age of Anne

Every political movement has watershed moments when decisions are taken with very long-term consequences. This article explores one such moment with respect to the jacobite movement during the reign of Queen Anne. Implicitly building on Geoffrey Holmes's model of the workings of the whig and tory parties in the age of Anne, the article analyses the turn to the Scots that took place within jacobite politics between 1702 and 1710. Throughout the 1690s the English jacobites had dominated the politics of the jacobite movement. Cementing their hold on the jacobite court's outlook and policies there was, too, an intrinsic anglocentrism at royal and ministerial level. Yet by 1715 the Scots jacobites were clearly equal partners with the English within the movement, and this parity was to shape the entire subsequent history of the jacobite cause. This shift within the politics of the movement was, moreover, not simply a corollary of the union. This article argues that the shift to the Scots was far more fundamental in terms of the outlook and policies of the movement, and ultimately did not depend on the immediate military utility of the Scots jacobites, but on a new perception of them as a uniquely important resource.     

Enoch Powell,Parliament and Europe

In recent years, there has been substantial academic reappraisal of Enoch Powell alongside a growing public realisation, increased by the debate over Brexit, that his interests were wider than immigration and notably included opposition to British membership of the European Community – a topic that this article probes further. It begins by examining Powell's understanding of the British nation as a unitary state, centred on parliament, that underpinned his interpretation of both Conservatism and Unionism. Then, covering the period up to the 1975 referendum, the article analyses exactly how Powell argued that membership of the European Community threatened parliamentary sovereignty. It situates Powell's thinking in the context of arguments made by others and explores the connections made by Powell between the threat from Europe and the history of parliament itself, particularly the formation of the unions with Scotland and Ireland. The article shows that while Powell's arguments were marginalised in the later 1970s and for much of the 1980s, they were revived from the early 1990s – albeit in a changed constitutional context.     

James Mill's treatment of religion and the History of British India

James Mill's History of British India’ (1817) played a major role in re-shaping the English policy and attitudes in India throughout the nineteenth century. This article questions the widely held view that the ‘HBI’ heralded the utilitarian justification of colonisation found for instance in John Stuart Mill's writings. It suggests that James Mill's role as a proponent of ‘utilitarian imperialism’ has been overstated, and argues that much of Mill's criticism of Indian society arose from the continuing influence of his religious education as well as from his links with a network of Presbyterian and Evangelical thinkers. It is only after his death that the colonialist views put forward in the History of British India were re-interpreted in light of his later attachment to utilitarianism.     

James Cowles Prichard and the Linguistic Foundations of Ethnology**

This article examines the English scholar James Cowles Prichard's attention to language and comparative philology within his wider project on the natural history of man. It reveals that linguistic evidence was among the most important elements for Prichard in his overarching scientific aim of investigating human physical diversity, and served as the evidential foundation for his ethnology. His work on Celtic comparative philology made him not only one of the earliest British adopters of German comparative grammar, but a comparative philologist of European stature in his own right. More generally, linguistic evidence helped Prichard to keep his magnum opus, Researches into the Physical History of Mankind, as logically ordered as possible, and therefore to turn ethnology into a discipline with analytical aspirations on a global scale.     

国会解散与进步党的分裂瓦解

1913年11月4日袁世凯以非法命令取消国民党议员资格,致使国会不足法定人数而解散,这是斩断中华民国法统的重大事变.国民党被查禁后,进步党是唯一的重要政党,但熊梁内阁副署命令引发进步党分裂为国会派(议会民主派)和内阁派(开明专制派).以熊希龄、梁启超为首的内阁派基于开明专制思想,希望通过依附北洋派的专制力量推行自己的开明政策;而以国会议员为主体的国会派坚持议会政治理想,不肯通过牺牲国会的尊严来延续国会的存在.维持国会的活动终于失败,进步党也在两派纷争之中逐渐瓦解.进步党的失败标志着民初各派分享权力格局的结束和袁世凯独裁统治的开始.     

Chancellors,Presidents and Speakers: Presiding Officers in the Scottish Parliament before the Restoration*

As a unicameral assembly for most of its history, the Scottish parliament was presided over by the chief officer of state, the chancellor. Before 1603, he presided in the presence of the monarch, who was an active participant in parliaments, in contrast to the custom in England. After the union of the crowns, the chancellor presided in the presence of the monarch's representative, the king's commissioner. As with the Speaker and the lord chancellor in the English parliament, it was customary for him to operate as an agent of the crown. He also presided over the drafting committee, the lords of the articles. During parliamentary sessions, there were also semi-formal deliberative meetings of the individual estates (prelates, nobles, burgesses and, from 1592, ‘barons’, that is, lairds sitting as commissioners of the shires), each presided over by one of their own number. The Covenanting revolution of 1638 led to radical procedural reform. This included replacing the chancellor with an elected ‘president’ (Latin preses), chosen by the membership at the beginning of each session. With separate meetings of the estates becoming a formal part of parliament's procedures, there was an elected president for each estate, sometimes referred to as ‘Speakers’ for they would speak for their estates in plenary sessions of parliament.     

Arnau de Vilanova at the summit of Oloron (1287): a major inflection point in the life of a medieval physician

In July 1287, during mediation by Edward I for the release of Charles, prince of Salerno, the kings of England and Aragon met with Charles' representatives at a large assembly at Oloron in Béarn, on the edge of the Pyrenees west of Bayonne. An English document deriving from this meeting reveals the presence there of the famous physician Arnau de Vilanova, a member of the Aragonese party, and recipient of a gift from the king of England. This article demonstrates how this document and other recent discoveries, properly contextualised, can illuminate an obscure period in Arnau's life in which he turned towards a new pattern of existence.