The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
Mark again that the form of government which political writers call
_bi-cameral_, that is to say, where the Legislative Assembly consists
of two Chambers or Houses, arose out of one of the accidents of English
History. The merits of that form of government are now freely under
discussion, but it is assumed on both sides that the only choice
lies between one chamber and two; no one proposes to have three or
four(52). But most of the continental bodies of Estates consisted,
as we have seen, of three Houses; in Sweden, where the peasants, the
small freeholders, were important enough to be separately represented
alongside of the Nobles, Clergy, and Citizens, there were till lately
four(53). The number two became the number of our Houses of Parliament,
not out of any conviction of the advantages of that number, but because
it was found impossible to get the Clergy in England habitually to
act, as they did elsewhere, as a regular member of the parliamentary
body. They shrank from the burthen, or they deemed secular legislation
inconsistent with their profession. Thus, instead of the Clergy
forming, as they did in France, a distinct Estate of the Legislature,
we got a Parliament of two Houses, Lords and Commons, attended by a
kind of ecclesiastical shadow of the Parliament in the shape of the
two Houses of the ecclesiastical Convocation. Thus, for all practical
purposes, there were only two Estates in the English Parliament, Lords
and Commons. Thus the phrase of the Three Estates, which had a meaning
in France, became meaningless in England. For centuries back there has
been no separate Estate of the Clergy; some of their highest members
have belonged to the Estate of the Lords, and the rest to the Estate of
the Commons. Hence has arisen a common but not unnatural misconception,
a misconception as old as the days of the Long Parliament, as to the
meaning of the phrase of the Three Estates. Men constantly use those
words as if they meant the three elements among which the legislative
power is divided, King, Lords, and Commons. But an Estate means a rank
or order or class of men, like the Lords, the Clergy, or the Commons.
The King is not an Estate, because there is no class or order of
Kings, the King being one person alone by himself. The proper phrase
is the King and the three Estates of the Realm. But in England, as I
have already shown, the phrase is meaningless, as we have in truth two
Estates only(54).
Public-domain text, read in full here on John Shaqi.
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