Note 18 — I.—Origin, Membership, and Method

The evidence upon which the theory of popular representation is based is as vague as the theory itself. Eadmer (Hist. Nov. p. 97, Lond. 1623; cf. also p. 134) tells us of an election, in 1107, of a bishop of St. Andrews "by Alexander, king of Scotland, the clergy, and the people." The Book of Scone (Liber de Scon. p. 1) describes the re-foundation of the abbey in 1114-15 by King Alexander. It is confirmed by his wife and nephew, several bishops, and a number of nobles, "consilio proborum hominum." Ten years later, at the foundation of the abbey of Dunfermline (Registrum de Dunfermelyn, p. 3; cf. also the Charters of Holyrood), we find a phrase employed to which some importance has been attached. Bishops and nobles confirm as usual, but with the acquiescence of the people and clergy. The form "clero etiam acquiescente et populo" is of frequent occurrence. The phrase "all the community of the kingryk" has been treated in the text. The similar phrases "probi homines" and "clero acquiescente et populo" are simply common technical terms belonging to the Chancery imitated by the Scottish scribe. The latter does not even imply consultation, and the former means the smaller tenants-in-chief. In the Laws of the Burghs we find it used for the leading men—the optimates—of the town. It is not a popular term at all. On the other hand, too, we have councils described in quite different terms. In 1174 William the Lion held a council at Stirling, and asked an aid from his "optimates" (Fordun, viii. 73). In 1190 the "prelati et proceres" of Scotland gave the king 10,000 marks (Fordun, viii. 62). On the death of Alexander III the guardians describe themselves as "de communi consilio constituti" (Hist. Doc. relating to Scotland, i. 95), while Rishanger tells how "omnes Scoti" chose Wallace. The change in the political circumstances is sufficient to account for whatever importance may be attached to the words. It is true that Fordun, speaking of the same period, frequently uses the word Estates ("communitates"). But Fordun was not a contemporary, and the word had acquired a technical meaning by his time. Moreover, he uses the word very loosely. Sometimes he intends by it the land itself, as when he tells us how the English ravaged it.