Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
The spiritual lords, who, though forming another estate in parliament,
have always been so united with the temporality that the suffrages of
both upon every question are told indistinctly and numerically,
composed in general, before the reformation, a majority of the upper
house; though there was far more irregularity in the summonses of the
mitred abbots and priors than those of the barons. But by the
surrender and dissolution of the monasteries, about thirty-six votes
of the clergy on an average were withdrawn from the parliament; a loss
ill compensated to them by the creation of five new bishoprics. Thus,
the number of the temporal peers being continually augmented, while
that of the prelates was confined to twenty-six, the direct influence
of the church on the legislature has become comparatively small; and
that of the Crown, which, by the pernicious system of translations and
other means, is generally powerful with the episcopal bench, has, in
this respect at least, undergone some diminution. It is easy to
perceive from this view of the case that the destruction of the
monasteries, as they then stood, was looked upon as an indispensable
preliminary to the reformation; no peaceable efforts towards which
could have been effectual without altering the relative proportions of
the spiritual and temporal aristocracy.
The House of Lords, during this period of the sixteenth and
seventeenth centuries, were not supine in rendering their collective
and individual rights independent of the Crown. It became a
fundamental principle, according indeed to ancient authority, though
not strictly observed in ruder times, that every peer of full age is
entitled to his writ of summons at the beginning of a parliament, and
that the house will not proceed on business, if any one is denied
it.[64] The privilege of voting by proxy, which was originally by
special permission of the king, became absolute, though subject to
such limitations as the house itself may impose. The writ of summons,
which, as I have observed, had in earlier ages (if usage is to
determine that which can rest on nothing but usage) given only a right
of sitting in the parliament for which it issued, was held, about the
end of Elizabeth's reign, by a construction founded on later usage, to
convey an inheritable peerage, which was afterwards adjudged to
descend upon heirs general, female as well as male; an extension which
sometimes raises intricate questions of descent, and though no
materially bad consequences have flowed from it, is perhaps one of the
blemishes in the constitution of parliament. Doubts whether a peerage
could be surrendered to the king, and whether a territorial honour, of
which hardly any remain, could be alienated along with the land on
which it depended, were determined in the manner most favourable to
the dignity of the aristocracy. They obtained also an important
privilege; first of recording their dissent in the journals of the
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