Separation of the Two Houses. — But a more important event
is to be assigned to this reign, — the formal separation of parliament
into the two houses of Lords and Commons. There is
no evidence — nor is it probable — that the different estates ever
voted together as a single assembly. It appears from the rolls
of parliament that in the early part of this reign, the causes of
summons having been declared to the assembled estates, the
three estates deliberated separately, but afterwards dehvered
a collective answer to the king. While their deliberations were
short they could be conducted apart, in the same chamber;
but, in course of time, it was found convenient for the Commons
to have a chamber of their own, and they adjourned their
sittings to the chapter-house of the abbot of Westminster,
where they continued to be held after the more formal and
permanent separation had taken place. The date of this event
is generally assigned to the 17th Edward III.
The Commons as Petitioners. — Parliament had now assumed its present outward form. But it was far from enjoying the authority which it acquired in later times. The Crown was still paramount; the small body of earls and barons — not exceeding 40 — were connected with the royal family, or in the service of the king, or under his influence; the prelates, once distinguished by their independence, were now seekers of royal favour; and the Commons, though often able to extort concessions in return for their contributions to the royal exchequer, as yet held an inferior position among the estates of the realm. Instead of enjoying an equal share in the framing of laws, they appeared before the king in the humble guise of petitioners. Their petitions, together with the king's answers, were recorded in the rolls of parliament; but it was not until the parliament had been discharged from attendance that statutes were framed by the judges and entered on the statute roUs. Under such conditions legislation was, in truth, the prerogative of the Crown rather than of parliament. Enactments were often found in the statutes at variance with the petitions and royal answers, and neither prayed for by the Commons nor assented to by the Lords. In vain the Commons protested against so grave an abuse of royal authority; but the same practice was continued during this and succeeding reigns. Henry V., in the second year of his reign, promised " that nothing should be enacted to the petitions of the Commons, contrary to their asking, whereby they should be bound without their assent;" but, so long as the old method of framing laws was adhered to, there could be no security against abuse: and it was not until the reign of Henry VI. that the introduction of the more regular system of legislating by bill and statute ensured the thorough agreement of all the estates in the several provisions of every statute.
Increasing Boldness of the Commons. — The Commons, however, notwithstanding these and other discouragements, were constantly growing bolder in the assertion of their rights. They now ventured to brave the displeasure of the king, without seeking to shelter themselves behind powerful barons, upon whose forwardness in the national cause they could not reckon. Notably in 1376 their stout Speaker, Peter de la Mare, inveighed, in their name, against the gross mismanagement of the war, impeached ministers of the realm, complained of the heavy burdens under which the people suffered, and even demanded that a true account should be rendered of thepubUc expenditure. The brave Speaker was cast into prison, and a new parliament was summoned which speedily reversed the resolutions of the last. But the death of the king changed the aspect of affairs. Another parliament was called, when it was found that the spirit of the Commons was not subdued. Peter de la Mare was released from prison, and again elected to the chair. The demands of the former parliament were reiterated with greater boldness and persistence, the evil councillors of the late reign were driven out, and it was conceded that the principal officers of state should be appointed and removed, during the minority of Richard II., upon the advice of the lords. The Commons also insisted upon the annual assembling of parliament under the stringent provisions of a binding law. They claimed the right, not only of voting subsidies, but of appropriating them, and of
examining public accounts. They inquired into public abuses, and impeached ministers of the Crown. Even the king himself was deposed by the parliament. Thus during this reign all the great powers of parliament were asserted and exercised. The foreign wars of Henry IV. and Henry V., by continuing the financial necessities of the Crown, maintained for a while the powers which parliament had acquired by the struggles of centuries.
Relapse of Parliamentary Influence. — But a period of civil wars and disputed successions was now at hand, which checked the further development of parliamentary liberties. The effective power of a political institution is determined, not by assertions of authority, nor even by its legal recognition, but by the external forces by which it is supported, controlled or overborne. With the close of the Wars of the Roses the life of parliament seems to have weU-nigh expired.
To this constitutional relapse various causes contributed at the same period. The Crown had recovered its absolute supremacy. The powerful baronage had been decimated on the battlciicld and the scaffold; and vast estates had been confiscated to the Crown. Kings had no longer any dread of their prowess as defenders of their own order or party, or as leaders of the people. The royal treasury had been enriched by their ruin; while the close of a long succession of wars with France and Scotland reUeved it of that continual drain which had reduced the Crown to an unwelcome dependence upon parliament. Not only were the fortunes of the baronage laid low, but feudalism was also dying out in England as on the continent. It was no longer a force which could control the Crown; and it was being further weakened by changes in the art of war. The mailed horseman, the battle-axe and cross-bow of the burgher and yeoman, could not cope with the cannon and arquebus of the royal army.
In earlier times the Church had often stood forth against the domination of kings, but now it was in passive submission to the Throne. The prelates were attracted to the court, and sought the highest offices of state; the inferior clergy had long been losing their influence over the laity by their ignorance and want of moral elevation at a period of increasing enUghtenment; while the Church at large was weakened by schisms and a wider freedom of thought. Hence the Church, Uke the baronage, had ceased to be a check upon the Crown.
Meanwhile what had become of the ever-growing power of the Commons? It is true they had lost their stalwart leaders, the armed barons and outspoken prelates, but they had themselves advanced in numbers, riches and enlightenment; they had overspread the land as knights and freeholders, or dwelt in populous towns enriched by merchandise. Why could they not find leaders of their own? Because they had lost the liberal franchises of an early age. AU freeholders, or suitors present at the county court, were formerly entitled to vote for a knight of the shire; but in the eighth year of Henry VI. (1430) an act was passed (c. 37) by which this right was confined to 40s. freeholders, resident in the county. Large numbers of electors were thus disfranchised. In the view of parliament they were " of no value, " and complaints had been made that they were under the influence of the nobles and greater landowners; but a popular element had been withdrawn from the cotmty representation, and the restricted franchise cannot have impaired the influence of the nobles.
As for the cities and boroughs, they had virtually renounced their electoral privileges. As we have seen, they had never valued them very highly; and now by royal charters, or by the usurpation of smaU self-elected bodies of burgesses, the choice of members had f'ilen into the hands of town councils and neighbouring landowners. The anomalous system of close and nomination boroughs, which had arisen thus early in EngUsh history, was suffered to continue without a check for four centuries, as a notorious blot upon a free constitution.
All these changes exalted the prerogatives of the Crown. Amid the clash of arms and the strife of hostile parties the voice of parliament had been stifled; and, when peace was restored, a
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