English Parliament

“ It began to fancy itself armed with powers of the highest kind. It began to imagine that it possessed all the authority of the English Parliament, forgetting that that assembly is charged with the legislative administration of the country, that it has the right to make laws and repeat laws, and that the monarch can do but little, comparatively speaking, without the support and sanction of this representative chamber; whereas, our own Parliament is but a tribunal of justice, with no control or influence over the royal authority or state affairs. ”

“ In broadening the basis of taxation, he was led to broaden the basis of Parliament; and thus he advanced from the feudal conception of a Commune Concilium, attended only by Crown tenants, to the nobler ideal of a national Parliament containing representatives of every community and every class in England. The composition of the great council was altered; the principle of representation known for centuries before the Conquest in English local government, now found a home, and, as it proved, a permanent home, in the English Parliament. ”

“ The answer is that the people resolves itself from a sovereign body into a body of magistrates, as the English Parliament resolves itself constantly from a legislative body into a committee. In other words, by a simple act of the general will a democracy is for the time established, which then proceeds either to retain the government in its own hands, or to place it in those of an officer, according to the form in which the sovereign has decided to establish the government. ”

“ This parliament, from the eager pursuit of the loaves and fishes by the majority of its members, acquired the name of the Pension Parliament, and to the disgrace of the country, continued to sit much longer than the so-called Long Parliament, longer, in fact, than any English parliament except one, had ever sate —it continued eighteen years. The parliament and the church far outrun the court in zeal for the destruction of liberty and the restoration of a perfect despotism. ”

“ In our time a body of men who hate England more than they love Ireland have, of set purpose, tumbled parliament into the dust: now, if a capable and firm authority were entrusted for twelve months with exceptional yet absolute control over parliamentary procedure, does any sane person suppose that the English passion for free parliaments would be lulled to sleep? Rule has often to be cruel in order to be kind. ”

“ But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English parliamentary law as the common law of ordinary deliberative assemblies. ”

“ If it were really true that the English people had taken a sudden aversion to a representative system which they had always loved and admired, because a single division in Parliament had gone against their wishes, or because, in a foreign country, in circumstances bearing not the faintest analogy to those in which we are placed, a change of dynasty had happened, what hope could we have for such a nation of madmen? How could we expect that the present form of government, or any form of government, would be durable amongst them? ”

“ When, indeed, we consider the votes which they have given, the principles they have been the means of introducing into English legislation, and the influence they have exercised upon the tone and character of the House of Commons, it is probably not too much to say that their presence in the British Parliament has proved the most powerful of all agents in accelerating the democratic transformation of English politics. ”

“ In his calling together the estates of the realm Edward the First determined the course of English history. From the first moment of its appearance the Parliament became the centre of English affairs. The hundred years indeed which follow its assembly at Westminster saw its rise into a power which checked and overawed the Crown.
Of the kings in whose reigns the Parliament gathered this mighty strength not one was likely to look with indifference on the growth of a rival authority, and the bulk of them were men who in other times would have roughly checked it. ”

“ For a thousand years, this English Nation has found them useful or supportable: they have served this English Nation's wants; been a road to it through the abyss of Time. They are venerable, they are great and strong. And yet it is good to remember always that they are not the venerablest, nor the greatest, nor the strongest! Acts of Parliament are venerable ”

“ And it is as much the law of public opinion as the law of the Constitution that restrains the action of Congress.
It is the habit both of English and American writers to speak of the constitution of Great Britain as if it were ‘writ in water,’ because nothing but the will of Parliament stands between it and revolutionary change. But is there nothing back of the will of Parliament? Parliament dare not go faster than the public thought. There are vast barriers of conservative public opinion to be overrun before a ruinous speed in revolutionary change can be attained. ”

“ Ordinance by the few peers who remained brought about a fresh resolution from the members who remained in the Lower House, "that the People are, under God, the original of all just power; that the Commons of England in Parliament assembled—being chosen by, and representing, the People—have the supreme power in this nation; and that whatsoever is enacted and declared for law by the Commons in Parliament assembled hath the force of a law, and all the people of this nation are concluded thereby, although the consent and concurrence of the king or House of Peers be not had hereunto." ”

“ The Constituent Powers of Parliament.—The principal means by which changes are wrought in the English constitution to-day is that of parliamentary enactment. It is to be observed that in Great Britain there is not, nor has there ever been, any attempt to draw a line of distinction between powers that are constituent and powers that are legislative. ”

“ Few Parliaments have ever been more memorable, or more truly representative of the English people, than the Parliament of 1654. It was the first Parliament in our history where members from Scotland and Ireland sate side by side with those from England, as they sit in the Parliament of to-day. The members for rotten boroughs and pocket-boroughs had disappeared. ”

“ A Parliament again is less capable than a King of compensating for the evils of tyranny by the benefit of good administration, and here we come across a matter hardly to be understood by any one who has not with some care compared the action and the spirit of English and of continental administrative systems. ”

“ Under Charles the Second England had seen a Parliament, which had been returned in a moment of reaction, maintained without fresh election for eighteen years. A Triennial Bill which limited the duration of a Parliament to three was passed with little opposition, but fell before the dislike and veto of William. To counteract the influence which a king might obtain by crowding the Commons with officials proved a yet harder task. A Place Bill, which excluded all persons in the employment of the State from a seat in Parliament, was defeated, and wisely defeated, in the Lords. ”

“ All along in English history liberties have been gained and enlarged by this process of restriction, and it was only when the powers of the Crown had been made subject to Parliament that it was possible, at the close of the nineteenth century, for Parliament itself to become converted from an assembly of aristocrats to a governing body that really represented the nation. ”

“ It is true the English Legislature, like the English People, is of slow temper; essentially conservative. In our wildest periods of reform, in the Long Parliament itself, you notice always the invincible instinct to hold fast by the Old; to admit the minimum of New; to expand, if it be possible, some old habit or method, already found fruitful, into new growth for the new need. It is an instinct worthy of all honour; akin to all strength and all wisdom. ”

“ The supreme power was gradually transferred from the Crown to the House of Commons. Step by step Parliament drew nearer to a solution of the political problem which had so long foiled its efforts, the problem how to make its will the law of administrative action without itself undertaking the task of administration. It is only by carefully fixing our eyes on this transfer of power, and by noting the successive steps towards its realization, that we can understand the complex history of the Restoration and the Revolution. ”

“ The Parliament of 1661.
The new House of Commons was made up for the most part of young men, of men, that is, who had but a faint memory of the Stuart tyranny under which their childhood had been spent, but who had a keen memory of living from manhood beneath the tyranny of the Commonwealth. They had seen their fathers driven from the justice-bench, driven from the polling-booth, half-beggared and imprisoned for no other cause but their loyalty to the king. ”

“ During the age which was then beginning the emancipated peasant was to enrich himself in spite of fierce wars especially deadly for the nobility, and the Commons were to be possessed of an instrument of control over the royal power, which would be used, according to the period, more or less well, but which is the best one invented up to our day. The Parliament sitting at Westminster now is in its essential elements identical with the one that, under the Plantagenets, drew up the statutes of the kingdom. ”

“ As the American walks the corridors and halls of the Parliament House at Westminster, he pays no great heed to the painted kings upon the painted windows, and cares little for the gilded throne in the gilded House of Lords. The Speaker's chair in the Commons does not stir him most, nor the white form of Hampden that stands silent at the door; but his heart beats fastest where, among great scenes from English triumphs of the days of Puritanism and the revolution, he sees the departure of the Pilgim Fathers to found New England. ”

“ The conditions have changed very much in England, in course of centuries, and half and quarter centuries. When English Statesmen were responsible to the king or nobody, they lived a different life from their successors who had a parliament to manage, and from those more modern successors who are responsible to parliament in a fuller sense than at any former time. ”

“ I must put the main facts in evidence, though they are even painfully familiar. The most obvious starting-point is given by the political situation. The supremacy of parliament had been definitively established by the revolution of 1688, and had been followed by the elaboration of the system of party government. The centre of gravity of the political world lay in the House of Commons. No minister could hold power unless he could command a majority in this house. ”

“ Reform Bill of 1832.—While the war with Napoleon was going on, the English people had too much to think about to pay much attention to Parliamentary Reform. Now, however, that the. war was over, a more liberal government in office, and the dread of a revolution passed away, intelligent people began to see how unjust it was that large cities like Manchester, Birmingham, and Leeds should have no representatives in Parliament, while many small towns had the privilege of sending one or two. ”

“ Privileges of the House of Commons.
The king's prerogatives.
Charles's contest with Parliament.
Still, notwithstanding what we have said, the Parliament did contrive gradually to attain to the possession of some privileges and powers of its own. The English people have a great deal of independence and spirit, though Americans traveling there, with ideas carried from this country, are generally surprised at finding so little instead of so much. ”

“ As for the other end of the lawyers’ doctrine, the inference that Parliament is ipso facto dissolved by a demise of the Crown, from that a more rational legislation has set us free altogether. Though modern Parliaments are no longer called on to elect Kings, yet experience and common sense have taught us that the time when the Sovereign is changed is exactly the time when the Great Council of the Nation ought to be in full life and activity. ”

“ They may indeed petition the king for a parliament to redress their grievances; and they may petition that parliament to make one law that is advantageous, and repeal another that is prejudicial to the trade or interest of that county; but they have no power by this statute, nor by the constitution of the English government, to direct the parliament in the general proceedings concerning the whole kingdom ”

“ The constitutional and ecclesiastical problems which still in one shape or another beset us started to the front as subjects of national debate in the years between the close of the Civil War and the death of the king. The great parties which have ever since divided the social, the political, and the religious life of England, whether as Independents and Presbyterians, as Whigs and Tories, as Conservatives and Liberals, sprang into organized existence in the contest between the Army and the Parliament. ”

“ Each of these differences marks a stage in the return to the doctrine of common sense, that, convenient as it is in all ordinary times that Parliament should be summoned by the writ of the Sovereign, yet it is not from that summons, but from the choice of the people, that Parliament derives its real being and its inherent powers. ”