Page:EB1911 - Volume 20.djvu/899

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PARLIAMENT
837


and both Houses of Parliament. Of these the most important are those in which the king, in person or by commission, is present in the House of Lords to open or prorogue parliament, or to give the royal assent to bills. His Majesty is then in direct communication with the three estates of the realm, assembled in the same chamber. The king also sends messages to both houses under the royal sign manual, when all the members are uncovered. Verbal messages are also sent, and the king's pleasure, or royal recommendation or consent to bills or other matters, signified through a minister of the Crown or a privy councillor. Messages under the sign manual are acknowledged by addresses, except where grants of money are proposed, in which case no address is presented by the Commons, who acknowledge them by making provision accordingly.

Both houses approach the Crown, sometimes by joint addresses, but usually by separate addresses from each house. Such addresses are presented to His Majesty, either by the whole house, or by the lords with white staves in one house and by privy councillors in the other. His Majesty answers, in person, addresses presented by the whole house; but, when presented otherwise, an answer is brought by one of the lords with white staves, or by one of the privy councillors, by whom the address has been presented. Resolutions of either house are also sometimes directed to be laid before His Majesty; and messagec- of congratulation or condolence are sent to other members of the royal family.

The Passing of Ptiblic Bills. — The passing of bills forms the most considerable part of the business of parliament; but a brief notice will suffice to explain the methods of procedure. These are substantially the same in both houses; but the privileges of the Commons, in regard to supply and taxation, require that all bills imposing a charge upon the people should originate in that house. On the other hand, the Lords claim that bills for restoration of honours or in blood, or relating to their own privileges and jurisdiction, should commence in their house. An act of grace, or general pardon, originates with the Crown, and is read once only in both houses. Bills are divided into public and private; but here the former only are referred to. In the Lords any peer is entitled to present a bill, but in the Commons a member is required to obtain the previous leave of the house to bring in the bill; and, in the case of bills relating to religion, trade, grants of public money, or charges upon the subject, a preliminary committee is necessary before such leave will be given. A bill, when presented, is read a first time, and ordered to be printed; and a day is appointed for the second reading. At this latter stage the principle of the bill is discussed; and, if disapproved of by an adverse vote, the bill is lost and cannot be renewed during the sam.e session. If approved^ of, it is usually committed to a committee of the whole house, where every provision is open to debate and amendment. When the bill has been fully considered it is reported to the house, with or without amendments, and is ready to pass through its remaining stages. Sometimes, however, the bill is first referred to a select committee; or to a grand committee and not to committee of the whole house.

When a bill has been reported from a committee of the whole house, or from a standing committee, with amendments, the bill, as amended, is ordered to be considered on a future day, when further amendments may be made, or the bill may be recommitted. The next and last stage is the third reading, when the principle of the measure, and its amended provisions, are open to review. Even at this stage the bill may be lost; but if the third reading be agreed to, it is at once passed and sent to the other house. There it is open to the like discussions and amendments, and may be rejected. If returned without amendment, the bill merely awaits the royal assent; but if returned with amendments, such amendments must be agreed to, or otherwise adjusted by the two houses, before it can be submitted for the royal assent. The royal assent consummates the work of legislation, and converts the bill into an act of parliament.

Petitions. — Both houses are approached by the people by means of petitions, of which prodigious numbers are presented to the House of Commons every session. They are referred to the committee on public petitions, under whose directions the^' are classified, analysed, and the number of signatures counted; and, when necessary, the petitions are printed in extenso.

Parliamentary Papers. — Another source of information is found in parliamentary papers. These are of various kinds. The greater part are obtained either by a direct order of the house itself, or by an address to the Crown for documents relating to matters in which the prerogatives of the Crown are concerned. Other papers, relating to foreign and colonial afTairs and other public matters, are presented to both houses by command of His Majesty. Again, many papers are annually presented in pursuance of acts of parliament.

The Granting of Supplies. — The exclusive right of the Commons to grant supplies, and to originate all measures of taxation, imposes a very onerous service upon that house. This is mainly performed by two committees of the whole house — the committee of supply, and the committee of ways and means. The former deals with all the estimates for the public service presented to the house by command of His Majesty; and the latter votes out of the Consolidated Fund such sums as are necessary to meet the supplies already

granted, and originates all taxes for the service of the year. It is here that the annual financial statement of the chancellor of the exchequer, commonly known as " the Budget, " is delivered. The resolutions of these committees are reported to the house, and, when agreed to, form the foundation of bills, to be passed by both houses, and submitted for the royal a.ssent; and towards the close of the session an Appropriation Act is passed, applying all the grants for the service of the year.

Elections. — The extensive jurisdiction of the Commons in matters of election, already referred to, formerly occupied a considerable share of their time, but its exercise has now been contracted nithin narrow limits. Whenever a vacancy occurs during the continuance of a parliament, a warrant for a new writ is issued by the Speaker, by order of the house during the session, and in pursuance of statutes during the recess. The causes of vacancies are the death of a member, his being called to the House of Peers, his acceptance of an office from the Crown, or his bankruptcy. When any doubt arises as to the issue of a writ, it is usual to appoint a committee to incjuire into the circumstances of the case; and during the recess the Speaker may reserve doubtful cases for the determination of the house.

Controverted elections had been originally tried by select committees, afterwards by the committee of privileges and elections, and ultimately by the whole house, with scandalous partiality, but under the Grenville Act of 1770, and other later acts, by select committees, so constituted as to form a more judicial tribunal. The influence of party bias, however, too obviously prevailed until 1839, when Sir Robert Peel introduced an improved system of nomination, which distinctly raised the character of election committees; but a tribunal constituted of political partisans, however chosen, was still open to jealousy and suspicion, and at length, in 1868, the trial of election petitions was transferred to judges of the superior courts, to whose determination the house gives effect, by the issue of new writs or otherwise. The house, however, still retains and exercises its jurisdiction in all cases not relegated, by statute, to the judges.

Impeachments and Trial of Peers. — Other forms of parliamentary judicature still remain to be mentioned. L'pon impeachments by the Commons, the Lords exercise the highest criminal judicature known to the law; but the occasions upon which it has been brought into action have been very rare in modern times. Another judicature is that of the trial of peers by the House of Lords. And, lastly, by a bill of attainder, the entire parliament may be called to sit in judgment upon offenders.

Private Bill Legislation. — One other important function of parliament remains to be noticed — that of private bill legislation. Here the duties of parliament are partly legislative and partly judicial. Public interests are promoted, and private rights secured. This whole jurisdiction has been regulated by special standing orders, and by elaborate arrangements for the nomination of capable and impartial committees. A prodigious legislative work has been accomplished — but under conditions most costly to the promoters and opponents of private bills, and involving a serious addition to the onerous labours of members of parliament.

History of the British Parliament

The Anglo-Saxon Polity. — The origin of parliament is to be traced to Anglo-Saxon times. The Angles, Saxons and other Teutonic races who coiiquered Britain brought to their new homes their own laws and customs, their settled framework of society, their kinship, their village communities, and a certain rude representation in local affairs. And we find in the Anglo-Saxon poKty, as developed during their rule in England, all the constituent parts of parliament. In their own lands they had chiefs and leaders, but no kings. But conquest and territorial settlement were followed by the assumption of royal dignities; and the victorious chiefs were accepted by their followers as kings. They were quick to assume the traditional attributes of royalty. A direct descent from their god Woden, and hereditary right, at once clothed them with a halo of glory and with supreme power; and, when the pagan deity was deposed, the king received consecration from a Christian archbishop, and was invested with sacred attributes as " the Lord's anointed." But the Saxon monarch was a patriarchal king of limited authority, who acted in concert with his people; and, though his succession was hereditary, in his own family, his direct descendant was liable to be passed over in favour of a worthier heir. Such a ruler was a fitting precursor of a line of constitutional kings, who in later times were to govern with the advice and consent of a free parliament.

Meanwhile any council approaching the constitution of a House of Lords was of slow growth. Anglo-Saxon society, indeed, was not without an aristocracy. The highest in rank