The History of England - a Study in Political EvolutionPollard, A. F. (Albert Frederick)
History
The History of England - a Study in Political Evolution
Pollard, A. F. (Albert Frederick)
Great Britain -- History; Great Britain -- Politics and government
With the House of Lords the cabinet has had more prolonged and
complicated troubles. Ostensibly and constitutionally the disputes have
been between the two Houses of Parliament; and this was really the case
before the development of the close connexion between the cabinet and
the Commons. Both Houses had profited by the overthrow of the crown in
the seventeenth century, and the extremes to which they sometimes
pushed their claims suggest that they were as anxious as the crown had
been to place themselves above the law. The House of Lords did succeed
in making its judicial decisions law in spite of the crown and Commons,
although the Commons were part of the "High Court of Parliament," and
no law had granted the Lords supreme appellate jurisdiction; hence the
constitutional position of the House of Lords was made by its own
decisions and not by Act of Parliament or of the crown. This claim to
appellate jurisdiction, which was much disputed by the Commons during
the reign of Charles II, was only conceded in return for a similar
concession to the Commons in financial matters. Here the Commons
practically made their resolutions law, though the Lords insisted that
the privilege should not be abused by "tacking" extraneous provisions
on to financial measures.
There were some further disputes in the reigns of William III and Anne,
but the only occasion upon which peers were actually made in order to
carry a measure, was when the Tories created a dozen to pass the Peace
of Utrecht in 1712. It is, indeed, a singular fact that no serious
conflict between the two Houses occurred during the whole of the
Georgian period from 1714 to 1830. The explanation seems to be that
both Houses were simply the political agents of the same organized
aristocracy. The humble townsfolk who figured in the parliaments of
Edward I (see p. 65) disappeared when a seat in the House of Commons
became a position of power and privilege; and to the first parliament
(1547) for which journals of the Commons proved worth preserving, the
eldest son of a peer thought it worth while seeking election. Many
successors followed; towns were bribed or constrained to choose the
nominees of peers and country magnates; burgage tenements were bought
up by noble families to secure votes; and the Restoration parliament
had material reasons for treating Cromwell's reforms as void, and
restoring rotten boroughs and fancy franchises. By the time that
parliament had emancipated itself from the control of the crown, it had
also emancipated itself to a considerable extent from the control of
the constituencies.
Public-domain text, read in full here on John Shaqi.
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