CHAPTER II. The Beginning of Parliamentary Representation

THE BEGINNING OF PARLIAMENTARY REPRESENTATION

DEMOCRACY AND REPRESENTATIVE GOVERNMENT

To-day democracy takes the form of representative government in civilised countries; and for representative government contend the nations and peoples seeking democracy.

The weak spots in all popular electoral systems are obvious, and the election of representatives is always a subject for jokes and satire. It could hardly be otherwise. For the best machinery in the world needs some sort of sympathetic intelligence in the person who manipulates it, and the machinery of popular elections can only be worked successfully with a large measure of sincerity and good will. In the hands of the ambitious, the self-seeking, and the unscrupulous, democratic politics are a machine for frustrating popular representation, and as this state of things is always prevalent somewhere, the humorist and the satirist naturally treat politics without respect.

But in spite of all its faults and failings--glaring as these are--mankind can at present devise nothing better than representative government, and the abuse of power, the cunning, roguery, and corruption that too often accompany popular elections and democratic administration, rather stir honest men to action than make them incline to dictatorship and absolutism.

The present notion about representative government is that it makes possible the expression of popular will, and can ensure the fulfilment of that will. In the thirteenth century, when we get the beginnings of representative government, there is no question of the people making positive proposals in legislation, but there is a distinct belief that the consent of the governed ought to be obtained by the ruling power. The mere legal maxim from the Code of Justinian, that "that which touches all shall be approved by all," "becomes transmuted by Edward I. into a great political and constitutional principle."

REPRESENTATIVE THEORY FIRST FOUND IN ECCLESIASTICAL ASSEMBLIES

More than a century earlier the first recorded appearances of town representatives are found in the Spanish Cortes of Aragon and Castile. St. Dominic makes a representative form of government the rule in his Order of Preaching Friars, each priory sending two representatives to its provincial chapter, and each province sending two representatives to the general chapter of the Order.

In England, Simon of Montfort, the son of Simon, the great warrior of the Albigensian wars and the warm friend of Dominic, was in close association with the friars. Hence there was nothing so very remarkable in Earl Simon issuing writs for the Full Parliament of 1265 for the return of two burgesses from each city and borough. He had seen representative government at work among the friars in their chapters. Why should the plan be not equally useful in the government of the country? There is no evidence that the summons to the burgesses was regarded as a revolutionary proposal--so lightly comes political change in England.

The name of Simon of Montfort, Earl of Leicester, must always be associated with the beginning of representative government in England. Let us recall how it was the great Earl came to be in power in 1265.

THE MISRULE OF HENRY III.

Henry III. was always in want of money, and his crew of royal parasites from Poitou drained the exchequer. Over and over again the barons called on the King to get rid of his favourites, and to end the misrule that afflicted the country; and the King from time to time gave promises of amendment. But the promises were always broken. As long as Henry could get money he was averse from all constitutional reform. In 1258 the barons were determined that a change must be made. "If the King can't do without us in war, he must listen to us in peace," they declared. "And what sort of peace is this when the King is led astray by bad counsellors, and the land is filled with foreign tyrants who grind down native-born Englishmen?"

William of Rishanger, a contemporary writer, expressed the popular feeling in well-known verses:

"The King that tries without advice to seek his country's weal Must often fail; he cannot know the wants and woes they feel. The Parliament must tell the King how he may serve them best, And he must see their wants fulfilled and injuries redressed. A King should seek his people's good and not his own sweet will. Nor think himself a slave because men hold him back from ill."

"The King's mistakes call for special treatment," said Richard, Earl of Gloucester.

SIMON OF MONTFORT, LEADER OF THE NATIONAL PARTY

So that year a Parliament met in Oxford, in the Dominican Priory. It was called the "Mad Parliament," because the barons all came to it fully armed, and civil war seemed imminent. But Earl Simon and Richard of Gloucester carried the barons with them in demanding reform. Henry was left without supporters, and civil war was put off for five years.

The work done at this Parliament of Oxford was an attempt to make the King abide loyally by the Great Charter; and the Provisions of Oxford, as they were called, set up a standing council of fifteen, by whom the King was to be guided, and ordered that Parliament was to meet three times a year: at Candlemas (February 2nd), on June 1st, and at Michaelmas. Four knights were to be chosen by the King's lesser freeholders in each county to attend this Parliament, and the baronage was to be represented by twelve commissioners.

It was an oligarchy that the Provisions of Oxford established, "intended rather to fetter the King than to extend or develop the action of the community at large. The baronial council clearly regards itself as competent to act on behalf of all the estates of the realm, and the expedient of reducing the national deliberations to three sessions of select committees betrays a desire to abridge the frequent and somewhat irksome duty of attendance in Parliament rather than to share the central legislative and deliberative power with the whole body of the people. It must, however, be remembered that the scheme makes a very indistinct claim to the character of a final arrangement."

For a time things went better in England. The aliens at Henry's Court fled over-seas, and their posts were filled by Englishmen. Parliament also promised that the vassals of the nobles should have better treatment, and that the sheriffs should be chosen by the shire-moots, the county freeholders.

But Henry's promises were quickly broken, and war broke out on the Welsh borders between Simon of Montfort's friend Llewellyn and Mortimer and the Marchers. Edward, Prince of Wales, stood by the Provisions of Oxford for a few years, but supported his father when the latter refused to re-confirm the Provisions in 1263. As a last resource to prevent civil war, Simon and Henry agreed to appeal to King Louis of France to arbitrate on the fulfilment of the Provisions. The Pope had already absolved Henry from obedience to the Provisions, and the Award of Louis, given at Amiens and called the Mise of Amiens, was entirely in Henry's favour. It annulled the Provisions of Oxford, left the King free to appoint his own ministers, council, and sheriffs, to employ aliens, and to enjoy power uncontrolled. But the former charters of the realm were declared inviolate, and no reprisals were to take place.

To Simon and most of the barons the Award was intolerable, and when Henry returned from France with a large force ready to take the vengeance which the Award had forbidden, civil war could not be prevented. London rallied to Simon, and Oxford, the Cinque Ports, and the friars were all on the side of the barons against the King.

On May 14th, 1264, a pitched battle at Lewes ended in complete victory for Simon, and found the King, Prince Edward, and the kinsmen and chief supporters of the Crown prisoners in his hands.

Peace was made, and a treaty--the Mise of Lewes--drawn up and signed. Once more the King promised to keep the Provisions and Charters, and to dismiss the aliens. He also agreed to live thriftily till his debts were paid, and to leave his sons as hostages with Earl Simon.

Simon at once set about the work of reform. The King's Standing, or Privy, Council was reconstituted, and the Parliamentary Commissioners were abolished, "for Simon held it as much a man's duty to think and work for his country as to fight for it." A marked difference is seen between Simon's policy at Oxford and the policy after Lewes. The Provisions of 1258 were restrictive. The Constitution of 1264 deliberately extended the limits of Parliament. "Either Simon's views of a Constitution had rapidly developed, or the influences which had checked them in 1258 were removed. Anyhow, he had genius to interpret the mind of the nation, and to anticipate the line which was taken by later progress." What Simon wanted was the approval of all classes of the community for his plans, and to that end he issued writs for the Parliament--the Full Parliament--of 1265.

The great feature of this Parliament was that for the first time the burgesses of each city and borough were summoned to send two representatives. In addition, two knights were to come from each shire, and clergy and barons as usual--though in the case of the earls and barons only twenty-three were invited, for Simon had no desire for the presence of those who were his enemies. The Full Parliament sat till March, and then two months later war had once more blazed out. Earl Gilbert of Gloucester broke away from Simon, Prince Edward escaped from custody, and these two joined Lord Mortimer and the Welsh Marchers.

On August 4th Edward surprised and routed the army of the younger Simon near Kenilworth, and then advanced to crush the great Earl, who was encamped at Evesham, waiting to join forces with his son. All hope of escape for Earl Simon was lost, and he was outnumbered by seven to two. But fly he would not. One by one the barons who stood by Simon were cut down, but though wounded and dismounted, the great Earl "fought on to the last like a giant for the freedom of England, till a foot soldier stabbed him in the back under the mail, and he was borne down and slain." For three hours the unequal fight lasted in the midst of storm and darkness, and when it was over the Grey Friars carried the mangled body of the dead Earl into the priory at Evesham, and laid it before the high altar, for the poorer clergy and the common people all counted Simon of Montfort for a saint.

"Those who knew Simon praise his piety, admire his learning, and extol his prowess as a knight and skill as a general. They tell of his simple fare and plain russet dress, bear witness to his kindly speech and firm friendship to all good men, describe his angry scorn for liars and unjust men, and marvel at his zeal for truth and right, which was such that neither pleasure nor threats nor promises could turn him aside from keeping the oath he swore at Oxford; for he held up the good cause 'like a pillar that cannot be moved, and, like a second Josiah, esteemed righteousness the very healing of his soul.' As a statesman he wished to bind the King to rule according to law, and to make the King's Ministers responsible to a Full Parliament; and though he did not live to see the success of his policy, he had pointed out the way by which future statesmen might bring it about."

In the hour of Simon's death it might seem that the cause of good government was utterly lost, and for a time Henry triumphed with a fierce reaction. But the very barons who had turned against Simon were quite determined that the Charters should be observed, and Edward was to show, on his coming to the throne, that he had grasped even more fully than Simon the notion of a national representative assembly, and that he accepted the principle, "that which touches all shall be approved by all."

Henry III. died in 1272, and it was not till two years later that Edward I. was back in England from the crusades to take up the crown. It was an age of great lawgivers; an age that saw St. Louis ruling in France, Alfonso the Wise in Castile, the Emperor Frederick II.--the Wonder of the World--in Sicily. In England Edward shaped the Constitution and settled for future times the lines of Parliamentary representative government.

EDWARD I.'S MODEL PARLIAMENT, 1295

For the first twenty years Edward's Parliaments were great assemblies of barons and knights, and it was not till 1295 that the famous Model Parliament was summoned. "It is very evident that common dangers must be met by measures concerted in common," ran the writ to the bishops. Every sheriff was to cause two knights to be elected from each shire, two citizens from each city, two burgesses from each borough. The clergy were to be fully represented from each cathedral and each diocese.

Hitherto Parliament, save in 1265, had been little else than a feudal court, a council of the King's tenants; it became, after 1295, a national assembly. Edward's plan was that the three estates--clergy, barons, and commons: those who pray, those who fight, and those who work--should be represented. But the clergy always stood aloof, preferring to meet in their own houses of convocation; and the archbishops, bishops, and greater abbots only attended because they were great holders of land and important feudal lords.

Although the knights of the shire were of much the same class as the barons, the latter received personal summons to attend, and the knights joined with the representatives of the cities and boroughs. So the two Houses of Parliament consisted of barons and bishops--lords spiritual and lords temporal--and knights and commons; and we have to-day the House of Lords and the House of Commons; the former, as in the thirteenth century, lords spiritual and temporal, the latter, representatives from counties and boroughs.

The admission of elected representatives was to move, in course of time, the centre of government from the Crown to the House of Commons; but in Edward I.'s reign Parliament was just a larger growth of the King's Council--the Council that Norman and Plantagenet kings relied on for assistance in the administration of justice and the collection of revenue. The judges of the supreme court were always summoned to Parliament, as the law lords sit in the Upper House to-day.

Money, or rather the raising of money, was the main cause for calling a Parliament. The clergy at first voted their own grants to the Crown in convocation, but came to agree to pay the taxes voted by Lords and Commons, And Lords and Commons, instead of making separate grants, joined in a common grant.

"And, as the bulk of the burden fell upon the Commons, they adopted a formula which placed the Commons in the foreground. The grant was made by the Commons, with the assent of the Lords spiritual and temporal. This formula appeared in 1395, and became the rule. In 1407, eight years after Henry IV. came to the throne, he assented to the important principle that money grants were to be initiated by the House of Commons, were not to be reported to the King until both Houses were agreed, and were to be reported by the Speaker of the Commons' House. This rule is strictly observed at the present day. When a money bill, such as the Finance bill for the year or the Appropriation bill, has been passed by the House of Commons and agreed to by the House of Lords, it is, unlike all other bills, returned to the House of Commons." The Speaker, with his own hand, delivers all money bills to the Clerk of Parliaments, the officer whose business it is to signify the royal assent.

In addition to voting money, the Commons, on the assembly of Parliament, would petition for the redress of grievances. In the thirteenth and fourteenth centuries, they were not legislators, but petitioners for legislation; and as it often happened that their petitions were not granted in the form they asked, it became a matter of bitter complaint that the laws did not correspond with the petitions. Henry V. in 1414 granted the request that "nothing should be enacted to the petition of the Commons contrary to their asking, whereby they should be bound without their assent"; and from that time it became customary for bills to be sent up to the Crown instead of petitions, leaving the King the alternative of assent or reaction.

THE NOBILITY PREDOMINANT IN PARLIAMENT

In the fourteenth and fifteenth centuries, the power of Parliament was strong enough to force the abdication of two kings--Edward II. and Richard II.--but not strong enough to free the land of the turbulent authority of the nobles. This authority went down in the struggles of the Lancastrians and Yorkists.

"The bloody faction fights known as the Wars of the Roses brought the Plantagenet dynasty to a close, weeded out the older nobility, and cleared the way for a new form of monarchy."

"The high nobility killed itself out. The great barons who adhered to the 'Red Rose' or the 'White Rose,' or who fluctuated from one to the other, became poorer, fewer, and less potent every year. When the great struggle ended at Bosworth, a large part of the greatest combatants were gone. The restless, aspiring, rich barons, who made the civil war, were broken by it. Henry VII. attained a kingdom in which there was a Parliament to advise, but scarcely a Parliament to control."

It is important to note the ascendancy of the barons in the medieval Parliaments, and their self-destruction in the Wars of the Roses. Unless we realise how very largely the barons were the Parliament, it is difficult to understand how it came about that Parliament was so utterly impotent under the Tudors. The Wars of the Roses killed off the mighty parliamentarians, and it took a hundred years to raise the country landowners into a party which, under Eliot, Hampden, and Pym, was to make the House of Commons supreme.

"The civil wars of many years killed out the old councils (if I might so say): that is, destroyed three parts of the greater nobility, who were its most potent members, tired the small nobility and gentry, and overthrew the aristocratic organisation on which all previous effectual resistance to the sovereign had been based."

To get an idea of the weakness of Parliament when the Tudors ruled, we have but to suppose at the present day a Parliament deprived of all front-bench men on both sides of the House, and of the leaders of the Irish and Labour parties, and a House of Lords deprived of all Ministers and ex-Ministers.

THE MEDIEVAL NATIONAL ASSEMBLIES

Before passing to the Parliamentary revival of the seventeenth century, there still remain one or two points to be considered relating to the early national assemblies of the thirteenth and fourteenth centuries.

(1) Who were the electors in the Middle Ages?--In the counties, all who were entitled to attend and take part in the proceedings of the county court had the right of electing the knight of the shire; and "it is most probable, on the evidence of records, on the analogies of representative usage, and on the testimony of later facts, that the knights of the shire were elected by the full county court."

The county court or shire-moot not only elected knights for Parliament; it often enough elected them for local purposes as well. The county coroner was elected in similar fashion by the county. All the chief tenants and small freeholders were therefore the county electors; but the tenants-in-chief (who held their lands from the Crown) and the knights of the county had naturally considerably more influence than the smaller men. "The chief lord of a great manor would have authority with his tenants, freeholders as they might be, which would make their theoretical equality a mere shadow, and would, moreover, be exercised all the more easily because the right which it usurped was one which the tenant neither understood nor cared for."

It is difficult to decide to what extent the smaller freeholders could take an active interest in the affairs of the county. As for the office of knight of the shire, there was no competition in the thirteenth or fourteenth century for the honour of going to Parliament, and it is likely enough that the sheriff, upon whom rested the responsibility for the elections, would in some counties be obliged to nominate and compel the attendance of an unwilling candidate.

(2) Payment of Parliamentary Representatives.--The fact that Members of Parliament were paid by their constituents in the thirteenth, fourteenth, and fifteenth centuries made certain small freeholders as anxious not to be included in the electorate as others were anxious not to be elected to Parliament. It was recognised as "fair that those persons who were excluded from the election should be exempt from contribution to the wages. And to many of the smaller freeholders the exemption from payment would be far more valuable than the privilege of voting." But the Commons generally petitioned for payment to be made by all classes of freeholders, and when all allowance has been made for varying customs and for local diversities and territorial influence, it is safe to take it that the freeholders were the body of electors.

In 1430, the eighth year of Henry VI., an Act was passed ordering that electors must be resident in the country, and must have free land or tenement to the value of 40s. a year at least; and this Act was in operation till 1831.

The county franchise was a simple and straightforward matter compared with the methods of electing representatives from the boroughs. All that the sheriff was ordered to do by writ was to provide for the return of two members for each city or borough in his county; the places that were to be considered as boroughs were not named. In the Middle Ages a town might have no wish to be taxed for the wages of its Parliamentary representative, and in that case would do its best to come to an arrangement with the sheriff. (It was not till the sixteenth and seventeenth centuries that a considerable increase of boroughs took place. The Tudors created "pocket" and "rotten" boroughs in order to have the nominees of the Crown in Parliament.) The size of the borough bore no relation to its membership till the Reform Act of the nineteenth century, and as the selection of towns to be represented was arbitrary, so the franchise in the towns was equally unsettled. One or two places had a wide franchise, others confined the vote to freemen and corporation members. But in spite of the extraordinary vagaries of the borough franchise, and the arbitrary selection of towns to be represented, these early medieval Parliaments really did in an imperfect way represent the nation--all but the peasants and artisans.

"Our English Parliaments were unsymmetrical realities. They were elected anyhow. The sheriff had a considerable licence in sending writs to boroughs, that is, he could in part pick its constituencies; and in each borough there was a rush and scramble for the franchise, so that the strongest local party got it whether few or many. But in England at that time there was a great and distinct desire to know the opinion of the nation, because there was a real and close necessity. The nation was wanted to do something--to assist the sovereign in some war, to pay some old debt, to contribute its force and aid in the critical juncture of the time. It would not have suited the ante-Tudor kings to have had a fictitious assembly; they would have lost their sole feeler, their only instrument for discovering national opinion. Nor could they have manufactured such an assembly if they wished. Looking at the mode of election, a theorist would say that these Parliaments were but 'chance' collections of influential Englishmen. There would be many corrections and limitations to add to that statement if it were wanted to make it accurate, but the statement itself hits exactly the principal excellence of these Parliaments. If not 'chance' collections of Englishmen, they were 'undesigned' collections; no administrations made them, or could make them. They were bona fide counsellors, whose opinion might be wise or unwise, but was anyhow of paramount importance, because their co-operation was wanted for what was in hand."

(3) The political position of women in the Middle Ages.--Abbesses were summoned to the convocations of clergy in Edward I.'s reign. Peeresses were permitted to be represented by proxy in Parliament. The offices of sheriff, high constable, governor of a royal castle, and justice of the peace have all been held by women. In fact, the lady of the manor had the same rights as the lord of the manor, and joined with men who were freeholders in electing knights of the shire without question of sex disability. (A survival of the medieval rights of women may be seen in the power of women to present clergy to benefices in the Church of England.)

In the towns women were members of various guilds and companies equally with men, and were burgesses and freewomen. Not till 1832 was the word "male" inserted before "persons" in the charters of boroughs. "Never before has the phrase 'male persons' appeared in any statute of the realm. By this Act (the Reform Bill), therefore, women were technically disfranchised for the first time in the history of the English Constitution. The privilege of abstention was converted into the penalty of exclusion."

NO THEORY OF DEMOCRACY IN THE MIDDLE AGES

The years of Simon of Montfort and Edward I., which saw the beginnings of a representative national assembly, were not a time of theoretical discussion on political rights. The English nation, indeed, has ever been averse from political theories. The notion of a carefully balanced constitution was outside the calculations of medieval statesmen, and the idea of political democracy was not included among their visions.

"Even the scholastic writers, amid their calculations of all possible combinations of principles in theology and morals, well aware of the difference between the 'rex politicus' who rules according to law, and the tyrant who rules without it, and of the characteristics of monarchy, aristocracy, and democracy, with their respective corruptions, contented themselves for the most part with balancing the spiritual and secular powers, and never broached the idea of a growth into political enfranchisement. Yet, in the long run, this has been the ideal towards which the healthy development of national life in Europe has constantly tended, only the steps towards it have not been taken to suit a preconceived theory."

Each step towards democracy has been taken "to suit the convenience of party or the necessities of kings, to induce the newly admitted classes to give their money, to produce political contentment."

The only two principles that are apparent in the age-long struggles for political freedom in England, that are recognised and acknowledged, are: (1) That that which touches all shall be approved by all; (2) that government rests on the consent of the governed. Over and over again these two principles may be seen at work.

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