Page:EB1911 - Volume 20.djvu/904

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PARLIAMENT


powerful king could dispense with an assembly which might prove troublesome, and from whom he rarely needed help. Hence for a period of two hundred years, from the reign of Henry VI. to that of Elizabeth, the free parliaments of England were in abeyance. The institution retained its form and constituent parts; its rights and privileges were theoretically recognized, but its freedom and national character were little more than shadows.

The Three Estates of the Realm. — This check in thj fortunes of parliament affords a fitting occasion for examining the composition of each of the three estates of the realm.

Lords Spiritual and Temporal. — The archbishops and bishops had held an eminent position in the councils of Saxon and Norman kings, and many priors and abbots were from time to time associated with them as lords spiritual, until the suppression of the monasteries by Henry VIII. They generally outnumbered their brethren, the temporal peers, who sat with them in the same assembly.

The lords temporal comprised several dignities. Of these the baron, though now the lowest in rank, was the most ancient. The title was familiar in Sa.xon times, but it was not until after the Norman Conquest that it was invested with a distinct feudal dignity. Next in antioiuity was the earl, whose official title was known to Danes and Saxons, and who after the Conquest obtained a dignity equivalent to that of count in foreign states. The highest dignity, that of duke, was not created until Edv/ard III. conferred it upon his son, Edward the Black Prince. The rank of marquess was first created by Richard II., with precedence after a duke. It was in the reign of Henry VI. that the rank of viscount was created, to be placed between the earl and the baron. Thus the peerage consisted of the five dignities of duke, marquess, earl, viscount and baron. During the 15th century the number of temporal peers summoned to parliament rarely exceeded fifty, and no more than twenty-nine received writs of summons to the first parliament of Henry VII. There were only fifty-nine at the death of Queen Elizabeth. At the accession of William III. this number had been increased to about one hundred and fifty.

Life Peerages. — The several orders of the peerage are alike distinguished by the hereditary character of their dignities. Some life peerages, indeed, were created between the reigns of Richard II. and Henry VI., and several ladies had received life peerages between the reigns of Charles II. and George II. The highest authorities had also held that the creation of life peerages was within the prerogative of the Crown. But four hundred years had elapsed since the creation of a life peer, entitled to sit in parliament, when Queen Victoria was advised to create Sir James Parke, an eminent judge, a baron for life, under the title of Lord Wensleydale. The object of this deviation from the accustomed practice was to strengthen the judicature of the House of Lords, without unduly enlarging the numbers of the peerage. But the Lords at once took exception to this act of the Crown, and, holding that a prerogative so long disused could not be revived, in derogation of the hereditary character of the peerage, resolved that Lord Wensleydale was not entitled by his letters patent and writ of summons to sit and vote in parliament. His lordship accordingly received a new patent, and took his seat as an hereditary peer. But the necessity of some such expedient for improving the appellate jurisdiction of the House of Lords could not be contested; and in 1876 three lords of appeal in ordinary were constituted by statute, enjoying the rank of baron for life, and the right of sitting and voting in the House of Lords so long as they continue in office.

The Commons. — The Commons formed a more numerous body. In the reign of Edward I. there were about 275 members, in that of Edward III. 250, and in that of Henry VI. 300. In the reign of Henry VIII. parliament added 27 members for Wales and four for the county and city of Chester, and in the reign of Charles II. 4 for the county and city of Durham. Between the reigns of Henry VIII. and Charles II. 130 members were also added by royal charter.

Parliament under Henry VIII. — To resume the history of parliament at a later period, let us glance at the reign of Henry VIII. Never had the power of the Crown been greater than when this king succeeded to the throne, and never had a more imperious will been displayed by any king of England. Parliament was at his feet to do his bidding, and the Reformation enormously increased his power. He had become a pope to the bishops; the old nobles who had re "isted his will had perished in the field or on the scaffold; the new nobles were his creatures; and he had the vast wealth of the Church in his hands as largess es to his adherents. Such was the dependence of parliament upon the Crown audits advisers dtiring the Reformation period that in less than thirty years four vital changes were decreed in the national faith. Each of the successive reigns inaugurated a new religion.

Queen Elisabeth and her Parliaments. — With the reign of Elizabeth commenced a new era in the life of parliament. She had received the royal prerogatives unimpaired, and her hand was strong enough to wield them. But in the long interval since Edward IV. the entire framework of English society had been changed; it was a new England that the queen was called upon to govern. The coarse barons of feudal times had been succeeded by English country gentlemen, beyond the influence of the court, and identified with all the interests and sympathies of their country neighbours. From this class were chosen nearly all the knights of the shire, and a considerable proportion of the members for cities and boroughs. They were generally distinguished by a manly independence, and were prepared to uphold the rights and privileges of parliament and the Interests of their constituents. A change no less remarkable had occurred in other classes of society. The country was peopled with yeomen and farmers, far superior to the cultivators of the soil in feudal times; and the towns and seaports had grown into important centres of commerce and manufactures. Advances not less striking had been made in the enlightenment and culture of society. But, above all, recent religious revolutions had awakened a spirit of thought and inquiry by no means confined to questions of faith. The Puritans, hostile to the Church, and jealous of every semblance of Catholic revival, were embittered against the state, which was identified, in their eyes, with many ecclesiastical enormities; and stubborn temper was destined to become a strong motive force in restoring the authority of parliament.

The parliaments of Elizabeth, though rarely summoned, displayed an unaccustomed spirit. They discussed the succession to the Crown, the marriage of the queen, and ecclesiastical abuses; they upheld the privileges of the Commons and their right to advise the Crown upon all matters of state; and they condemned the grant of monopolies. The bold words of the Wentworths and Yelvertons were such as had not been heard before in parliament. The conflicts between Elizabeth and the Commons marked the revival of the independence of parliament, and foreshadowed graver troubles at no distant period.

Conflicts of James I. with the Commons. — James I., with short-sighted pedantry, provoked a succession of conflicts with the Commons, in which abuses of prerogative were stoutly resisted and the rights and privileges of parliament resolutely asserted. The " remonstrance " of 1610 and the " protestation " of 1621 would have taught a politic ruler that the Commons could no longer be trifled with; but those lessons were lost upon James and upon his ill-fated son.

Charles I. and the Commonwealth. — The momentous struggles between Charles I. and his parliaments cannot be followed m this place. The earlier parliaments of this reign fairly represented the earnest and temperate judgment of the country. They were determined to obtain the redress of grievances and to restrain undue prerogatives; but there was no taint of disloyalty to the Crown; there were no dreams of revolution. But the contest at length became embittered, until there was no issue but the arbitrament of the sword. The period of the Great Rebellion and the Commonwealth proved the supreme power of the Commons, when supported by popular forces. Everything gave way before them. They raised victorious armies in the field, they overthrew the Church and the House of Lords, and they brought the king himself to the scaffold. It also displayed the impotence of a parliament which has lost the confidence of the country, or is overborne by mobs, by an army, or by the strong will of a dictator.

Political Agitation of this Period. — It is to this time of fierce political passions that we trace the origin of political agitation as an organized method of influencing the deliberations of parliament. The whole country was then aroused by passionate exhortations from the pulpit and in the press. No less than thirty thousand political tracts and newspapers during this period have been preserved. Petitions to parliament were multiplied in order to strengthen the hands of the popular leaders. Clamorous meetings were held to stimulate or overawe