No monarch, in fact, was ever a more zealous champion of parliamentary
privileges, a more scrupulous observer of parliamentary forms, or a
more original pioneer of sound constitutional doctrine. In 1543 he
first enunciated the constitutional principle that sovereignty is
vested in the "King in Parliament". "We," he declared to the Commons,
"at no time stand so highly in our estate royal as in the time of
Parliament, wherein we as head and you as members are conjoined and
knit together in one body politic, so as whatsoever offence or injury
during that time is offered to the meanest member of the House, is to
be judged as done against our person and the whole Court of
Parliament."[725] He was careful to observe himself the deference to
parliamentary privilege which he exacted from others. It is no (p. 259)
strange aberration from the general tenor of his rule that in 1512
by Strode's case[726] the freedom of speech of members of Parliament
was established, and their freedom from arrest by Ferrers' case in
1543. In 1515 Convocation had enviously petitioned for the same
liberty of speech as was enjoyed in Parliament, where members might
even attack the law of the land and not be called in question
therefor.[727] "I am," writes Bishop Gardiner, in 1547, apologising
for the length of a letter, "like one of the Commons' house, that,
when I am in my tale, think I should have liberty to make an
end;"[728] and again he refers to a speech he made during Henry's
reign "in the Parliament house, _where was free speech without
danger_".[729] Wolsey had raised a storm in 1523 by trying to browbeat
the House of Commons. Henry never erred in that respect. In 1532 a
member moved that Henry should take back Catherine to wife.[730]
Nothing could have touched the King on a tenderer spot. Charles I.,
for a less offence, would have gone to the House to arrest the (p. 260)
offender. All Henry did was to argue the point of his marriage with
the Speaker and a deputation from the Commons; no proceedings whatever
were taken against the member himself. In 1529 John Petit, one of the
members for London, opposed the bill releasing Henry from his
obligation to repay the loan; the only result apparently was to
increase Petit's repute in the eyes of the King, who "would ask in
Parliament time if Petit were on his side".[731] There is, in fact,
nothing to show that Henry VIII. intimidated his Commons at any time,
or that he packed the Parliament of 1529. Systematic interference in
elections was a later expedient devised by Thomas Cromwell. It was
apparently tried during the bye-elections of 1534, and at the general
elections of 1536[732] and 1539. Cromwell then endeavoured to secure
a majority in favour of himself and his own particular policy (p. 261)
against the reactionary party in the council. His schemes had created
a division among the laity, and rendered necessary recourse to
political methods of which there was no need, so long as the laity
Public-domain text, read in full here on John Shaqi.
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