The Mother of Parliaments

CHAPTER I. Parliament and Party

PARLIAMENT AND PARTY

It has been asserted that the different social conditions of various peoples have their origin, not so much in climate or parentage, as in the character of their governments. If that be true, there is little doubt that the social conditions of England should compare most favourably with those of sister nations. But the admirable form of Government to which Englishmen have now long been accustomed, did not come into existence in the course of a single night. "The resemblance between the present Constitution and that from which it originally sprang," says an eighteenth-century writer, "is not much nearer than that between the most beautiful fly and the abject worm from which it arose." And the conversion of the chrysalis into the butterfly has been a slow and troublesome process.

King's "Essay on the English Constitution," p. 17.

Montesquieu, who was an earnest student of the English Constitution, after reading the treatise of Tacitus on the manners of the early Germans, declared that it was from them that England had borrowed her idea of political government. Whether or no this "beautiful system was first invented in the woods," as he says, it is certain that we owe the primary principles of our existing constitution to German sources. They date back to the earliest days of the first settlements of Teutons on the Kentish shores.

"The Spirit of Laws." "Works," vol. i. p. 212.

To the word "parliament" many derivations have been assigned. Petyt explains the name as suggesting that every member of the assembly which it designates should parler le ment or speak his mind. Another authority derives it from two Celtic words, signifying to "speak abundantly"--a meaning which is more applicable in these garrulous times than it was in days when debate was often punctuated by lengthy intervals of complete silence.

"Lex Parliamentaria" (1690), p. 1.

Whatever its derivation, the word no doubt referred originally to the "deep speech" which the kings of old held with their councillors. The first mention of it, in connexion with a national assembly, occurs in 1246, when it was used by Matthew Prior of a general convocation of English barons. About thirty years later it appears again in the preamble to the First Statute of Westminster. It has now come to be employed entirely to describe that combination of the Three Estates, the Lords Spiritual, the Lords Temporal and the Commons, which with the Crown form the supreme legislative government of the country.

The ancient Britons possessed a Parliament of a kind, called the Commune Concilium. Under the Heptarchy each king in England enjoyed the services of an assembly of wise men--or Witenagemot, as it was called--which advised him upon matters of national importance. The Witan sat as a court of justice, formed the Council of the chiefs, and could impose taxes and even depose the King, though the latter too often took the whole of their powers into his own hands. When the separate kingdoms became united, their different Councils were absorbed into the one great Gemot of Wessex. This, in Anglo-Saxon times, was a small body, consisting of less than a score of Bishops, a number of Ealdormen (or heads of the different shires), and certain vassal members. This senate was undoubtedly the germ of all future systems of Parliamentary government; and though for the first two hundred years after the Conquest there is no historical record of the meeting of any body corresponding to our present Parliament, from the days of the Witenagemot to our own times the continuity of our national assemblies has never been broken.

The parliamentary historian suffers much from the lack of early records. None were kept in Anglo-Saxon times, the judgments of the Witan being only recorded in the memory of the judges themselves. The Rolls of Parliament begin with the year 1278--though the first mention of the Commons does not occur until 1304--and somewhere about Edward III.'s reign was written a volume called the "Vetus Codex" or "Black Book" which contains transcripts of various parliamentary proceedings. At the time of the restoration of Charles II., Prynne, the antiquarian, set himself the task of exhuming old records, and catalogued nearly a hundred parcels of ancient writs, private petitions, and returns. The MSS. which he worked upon were so dirty that he could not induce any one else to clean them, and was forced to labour alone. Wearing a nightcap over his eyes, to keep out the dust, and fortified by continual draughts of ale, he proceeded cheerfully with this laborious undertaking upon which he finally based the book which has made him famous.

"A Brief Register of Parliamentary Writs" (1664).

The House of Commons Journals begin with Edward VI. those of the Lords at the accession of Henry VIII. And though during the early part of the seventeenth century speeches were reported at some length in the Commons Journals, in the Lords only the Bills read and such matters are recorded. The material to work upon is consequently of an exiguous nature, until we reach the later days of freedom of the Press and publicity of debates.

Elsynge, Clerk of the Parliaments in the seventeenth century, took notes of the Lords' speeches, which have been published by the Camden Society (1870-1879).

The history of Parliament proper divides itself naturally into four distinct periods. The first may be said to stretch from the middle of the thirteenth to nearly the end of the fifteenth century; the second dates from the accession of Henry VII., and extends to the Revolution of 1688. The remaining century and a half, up to the Reform Bill of 1832, forms the third period; and with the passing of that momentous Act commences the last and most important epoch of all.

During the first two periods of parliamentary history, the whole authority of government was vested in the Crown; during the third it gradually passed into the possession of the aristocracy: and it is only within the last century that the people, through their representatives in the House of Commons, have gained a complete political ascendency.

From the days of the absolute monarchy of Norman sovereigns until the reign of King John, the Crown, the Church, the Barons, and the people, were always struggling with each other; in that reign the three last forces combined against the King. The struggle was never subsequently relaxed, but it took over six centuries to transfer the governing power of the country from the hands of one individual to that of the whole people.

Prior to the reign of Henry III., no regular legislative assembly existed, though the King would occasionally summon councils of the great men of the land for consultative purposes. In William the Conqueror's time the ownership of land became the qualification for the Witenagemot, and the National Council which succeeded that assembly thus became a Council of the King's feudal vassals, and not necessarily an assembly of wise men. When, however, Simon de Montford overthrew Henry III. at Lewes, he summoned a convocation which included representative knights and burgesses, and the parliamentary system, thus instituted, was subsequently adopted by Edward I. "Many things have changed," says Dr. Gardiner in his "History of England," "but in all main points the Parliament of England, as it exists at this day, is the same as that which gathered around the great Plantagenet." The first full Parliament in English history may, therefore, be said to have been summoned by Edward I. on November 13, 1295, and represented every class of the people.

Parliament thereafter gradually resolved itself into two separate groups; on the one hand the barons and prelates, representing the aristocracy and the Church, on the other the knights and burgesses, representing the county freeholders, citizens and boroughfolk. The former constituted a High Court of Justice and final Court of Appeal; the chief duty of the latter lay in levying taxes, and they were not usually summoned unless the Crown were in need of money. These two component groups originally sat together, forming a collective assembly from which the modern Parliament has gradually developed.

In the early days of Parliament the Lords came to be regarded as the King's Council, over which he presided in person; the Commons occupied a secondary and insignificant position. The power of legislating was entirely in the hands of the King, who framed whatever laws he deemed expedient, acting on the humble petition of his people. The Crown thus exercised absolute control over Parliament, and the royal yoke was not destined to be thrown off for many hundreds of years.

In the reign of Edward III., the meetings of Parliament were uncertain and infrequent; its duration was brief. Three or four Parliaments would be held every year, and only sat for a few weeks at a time. The King's prerogative to dissolve Parliament whenever he so desired--"of all trusts vested in his majesty," as Burke says, "the most critical and delicate" was one of which mediæval monarchs freely availed themselves in the days when Parliament had not yet found, nor indeed realised, its potential strength.

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