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
We thus had in England, not an Estate of Nobles, forming a distinct
class from the people, but an Upper House of hereditary and official
Lords, whose privileges were purely personal, and whose children had
no political privilege above other men. Our Bishops and some other of
our ecclesiastical dignitaries had seats in the Upper House, but there
was no distinct Estate of the Clergy, having its distinct voice in
legislation. Our Lower House, lower in name, but gradually to become
upper in real power, came to represent, not merely the inhabitants
of privileged towns, but the whole nation, with the single exception
of the personal holders of hereditary or official seats in the Upper
House. That such an Assembly should gradually draw to itself all the
real powers of the state was in the nature of things; but it was only
gradually that it did so. Few things in our parliamentary history are
more remarkable than the way in which the two Houses have for the most
part worked together. I am not talking of very modern times, but of
times when the two Houses were really coordinate powers in the state.
During the six hundred years that the two Houses have lived side by
side, serious disputes between them have been very rare, and those
disputes which have happened have generally had to do with matters of
form and privilege which were chiefly interesting to members of the two
Houses themselves, not with questions which had any great importance
for the nation at large(55). For a while the Commons followed the lead
of the Lords; then the Lords came gradually to follow the lead of the
Commons; but open and violent breaches between the Houses have been
rare indeed. From the days of Earl Simon onwards, both the power of
Parliament as a whole, and the special power of the House of Commons,
was constantly growing. The Parliaments of the fourteenth century
exercised all the powers which our Parliament exercises now, together
with some which modern Parliaments shrink from exercising. That is to
say, the Parliaments of those days were obliged either to do directly
or to leave undone many things which the developement of political
conventionality enables a modern Parliament to do indirectly. The
ancient Parliaments demanded the dismissal of the King’s ministers;
they regulated his personal household; they put his authority into
commission; if need called for such a step, they put forth their last
and greatest power and deposed him from his kingly office. In those
days a change of government, a change of policy, the getting rid of
a bad minister and the putting a better in his place, were things
which never could be done without an open struggle between King and
Parliament; often they could not be done without the bondage, the
imprisonment, or the death, perhaps only of the minister, perhaps even
of the King himself. The same ends can now be gained by a vote of
censure in the House of Commons; in many cases they can be gained even
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