Constitutional History of England, Henry VII to George II. Volume 2 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 2 of 3
Hallam, Henry
Constitutional history -- Great Britain
Nothing could be more obvious than that the excesses of the late
unhappy times had chiefly originated in the long intermission of
parliaments. No lawyer would have dared to suggest ship-money with the
terrors of a House of Commons before his eyes. But the king's known
resolution to govern without parliaments gave bad men more confidence
of impunity. This resolution was not likely to be shaken by the
unpalatable chastisement of his servants and redress of abuses, on
which the present parliament was about to enter. A statute as old as
the reign of Edward III. had already provided that parliaments should
be held "every year, or oftener, if need be."[164] But this enactment
had in no age been respected. It was certain that in the present
temper of the administration, a law simply enacting that the interval
between parliaments should never exceed three years, would prove
wholly ineffectual. In the famous act therefore for triennial
parliaments, the first fruits of the Commons' laudable zeal for
reformation, such provisions were introduced as grated harshly on the
ears of those who valued the royal prerogative above the liberties of
the subject, but without which the act itself might have been
dispensed with. Every parliament was to be _ipso facto_ dissolved at
the expiration of three years from the first day of its session,
unless actually sitting at the time, and, in that case, at its first
adjournment or prorogation. The chancellor or keeper of the great seal
to be sworn to issue writs for a new parliament within three years
from the dissolution of the last, under pain of disability to hold his
office, and further punishment; in case of his failure to comply with
this provision, the peers were enabled and enjoined to meet at
Westminster, and to issue writs to the sheriffs; the sheriffs
themselves, should the peers not fulfil this duty, were to cause
elections to be duly made; and, in their default, at a prescribed time
the electors themselves were to proceed to choose their
representatives. No future parliament was to be dissolved or adjourned
without its own consent, in less than fifty days from the opening of
its session. It is more reasonable to doubt whether even these
provisions would have afforded an adequate security for the periodical
assembling of parliament, whether the supine and courtier-like
character of the peers, the want of concert and energy in the electors
themselves, would not have enabled the government to set the statute
at nought, than to censure them as derogatory to the reasonable
prerogative and dignity of the Crown. To this important bill the king,
with some apparent unwillingness, gave his assent.[165] It effected,
indeed, a strange revolution in the system of his government. The
nation set a due value on this admirable statute, the passing of which
they welcomed with bonfires and every mark of joy.
Public-domain text, read in full here on John Shaqi.
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