Europe -- Politics and government; Political science
*28. The Rights of the Commons Asserted.*--Finally there was the (p. 027)
fact of the enormous growth of Parliament as an organ of the public
will. The rapidity of that development in the days of Elizabeth is,
and was at the time, much obscured by the disposition of the nation to
permit the Queen to live out her days without being seriously crossed
in her purposes. But the magnitude of it becomes apparent enough after
1603. In a remarkable document known as the Apology of the Commons,
under date of June 20, 1604, the popular chamber stated respectfully
but frankly to the new sovereign what it considered to be its rights
and, through it, the rights of the nation. "What cause we your poor
Commons have," runs the address, "to watch over our privileges, is
manifest in itself to all men. The prerogatives of princes may easily,
and do daily, grow; the privileges of the subject are for the most
part at an everlasting stand. They may be by good providence and care
preserved, but being once lost are not recovered but with much
disquiet. The rights and liberties of the Commons of England
consisteth chiefly in these three things: first, that the shires,
cities, and boroughs of England, by representation to be present, have
free choice of such persons as they shall put in trust to represent
them; secondly, that the persons chosen, during the time of the
parliament, as also of their access and recess, be free from
restraint, arrest, and imprisonment: thirdly, that in parliament they
may speak freely their consciences without check and controlment,
doing the same with due reverence to the sovereign court of
parliament, that is, to your Majesty and both the Houses, who all in
this case make but one politic body, whereof your Highness is the
head."[24] The shrewdness of the political philosophy with which this
passage opens is matched only by the terseness with which the
fundamental rights of the Commons as a body are enumerated. To the
enumeration should be added, historically, an item contained in a
petition of the Commons, May 23, 1610, which reads as follows: "We
hold it an ancient, general, and undoubted right of Parliament to
debate freely all matters which do properly concern the subject and
his right or state; which freedom of debate being once foreclosed, the
essence of the liberty of Parliament is withal dissolved."[25] The
occasion for this last-mentioned assertion of right arose from the
king's habitual assumption that there were various important matters
of state, e.g., the laying of impositions and the conduct of foreign
relations, which Parliament possessed no right so much as to discuss.
[Footnote 24: Petyt, Jus Parliamentarium (London,
1739), 227-243. Portions of this document are
printed in Prothero, Statutes and Constitutional
Documents, 286-293.]
[Footnote 25: Commons' Journals, I., 431; Prothero,
Statutes, 297.]
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