to our present Parliament, from the days of the Witenagemot to our own times the continuity of our national assemblies has never been broken.
The parliamentary historian suffers much from the lack of early records. None were kept in Anglo-Saxon times, the judgments of the Witan being only recorded in the memory of the judges themselves. The Rolls of Parliament begin with the year 1278 – though the first mention of the Commons does not occur until 1304 – and somewhere about Edward III.'s reign was written a volume called the "Vetus Codex" or "Black Book" which contains transcripts of various parliamentary proceedings. At the time of the restoration of Charles II., Prynne, the antiquarian, set himself the task of exhuming old records, and catalogued nearly a hundred parcels of ancient writs, private petitions, and returns. The MSS. which he worked upon were so dirty that he could not induce any one else to clean them, and was forced to labour alone. Wearing a nightcap over his eyes, to keep out the dust, and fortified by continual draughts of ale, he proceeded cheerfully with this laborious undertaking upon which he finally based the book which has made him famous.4
The House of Commons Journals begin with Edward VI. those of the Lords at the accession of Henry VIII. And though during the early part of the seventeenth century speeches were reported at some length in the Commons Journals, in the Lords only the Bills read and such matters are recorded.5 The material to work upon is consequently of an exiguous nature, until we reach the later days of freedom of the Press and publicity of debates.
The history of Parliament proper divides itself naturally into four distinct periods. The first may be said to stretch from the middle of the thirteenth to nearly the end of the fifteenth century; the second dates from the accession of Henry VII., and extends to the Revolution of 1688. The remaining century and a half, up to the Reform Bill of 1832, forms the third period; and with the passing of that momentous Act commences the last and most important epoch of all.
During the first two periods of parliamentary history, the whole authority of government was vested in the Crown; during the third it gradually passed into the possession of the aristocracy: and it is only within the last century that the people, through their representatives in the House of Commons, have gained a complete political ascendency.
From the days of the absolute monarchy of Norman sovereigns until the reign of King John, the Crown, the Church, the Barons, and the people, were always struggling with each other; in that reign the three last forces combined against the King. The struggle was never subsequently relaxed, but it took over six centuries to transfer the governing power of the country from the hands of one individual to that of the whole people.
Prior to the reign of Henry III., no regular legislative assembly existed, though the King would occasionally summon councils of the great men of the land for consultative purposes. In William the Conqueror's time the ownership of land became the qualification for the Witenagemot, and the National Council which succeeded that assembly thus became a Council of the King's feudal vassals, and not necessarily an assembly of wise men. When, however, Simon de Montford overthrew Henry III. at Lewes, he summoned a convocation which included representative knights and burgesses, and the parliamentary system, thus instituted, was subsequently adopted by Edward I. "Many things have changed," says Dr. Gardiner in his "History of England," "but in all main points the Parliament of England, as it exists at this day, is the same as that which gathered around the great Plantagenet." The first full Parliament in English history may, therefore, be said to have been summoned by Edward I. on November 13, 1295, and represented every class of the people.
Parliament thereafter gradually resolved itself into two separate groups; on the one hand the barons and prelates, representing the aristocracy and the Church, on the other the knights and burgesses, representing the county freeholders, citizens and boroughfolk. The former constituted a High Court of Justice and final Court of Appeal; the chief duty of the latter lay in levying taxes, and they were not usually summoned unless the Crown were in need of money. These two component groups originally sat together, forming a collective assembly from which the modern Parliament has gradually developed.
In the early days of Parliament the Lords came to be regarded as the King's Council, over which he presided in person; the Commons occupied a secondary and insignificant position. The power of legislating was entirely in the hands of the King, who framed whatever laws he deemed expedient, acting on the humble petition of his people. The Crown thus exercised absolute control over Parliament, and the royal yoke was not destined to be thrown off for many hundreds of years.
In the reign of Edward III., the meetings of Parliament were uncertain and infrequent; its duration was brief. Three or four Parliaments would be held every year, and only sat for a few weeks at a time. The King's prerogative to dissolve Parliament whenever he so desired – "of all trusts vested in his majesty," as Burke says, "the most critical and delicate"6 was one of which mediæval monarchs freely availed themselves in the days when Parliament had not yet found, nor indeed realised, its potential strength.
During the reigns of the Tudors and Stuarts, the power of the Crown was still supreme, though many attempts were made to weaken it. This second period of history, between 1485 and 1688, was a time of peculiar political stress, in which Parliament and the Crown were engaged in a perpetual conflict. Kings maintained their influence by a mixture of threats and cajolery which long proved effective. In 1536, for instance, we find Henry VIII. warning the House of Commons that, unless some measure in which he was interested were passed, certain members of that assembly would undoubtedly lose their heads.7
The Stuart kings were in the habit of suborning members of both Houses, by the gift of various lucrative posts or the lavish distribution of bribes. It was ever the royal desire to weaken Parliament, and this end was attained in a variety of ways. In the early part of the seventeenth century, we hear of Charles I. summoning to Hampton Court certain members whose loyalty he distrusted or whose absence from Parliament he desired. On one such occasion the Earls of Essex and Holland refused to obey his command, saying that their parliamentary writ had precedence of any royal summons – an expression of independence for which they were dismissed from the Court.8
In the time of Charles II. a definite system of influencing members of Parliament by gifts of money was first framed, Lord Clifford, the Lord Treasurer, being allowed a sum of £10,000 for the purpose. The fact of holding an appointment in the pay of the Crown was in itself considered sufficient to bind a member to vote in accordance with the royal will. In 1685, when many members who were in the Government service threatened to vote against the Court, Middleton, the Secretary of State, bitterly reproached them with breach of faith. "Have you not a troop of horse in his Majesty's service?" he asked of a certain Captain Kendall. "Yes, my lord," was the reply, "but my brother died last night and left me £700 a year!"9
Andrew Marvell has drawn a vivid but disagreeable picture of the Parliament which was summoned immediately after the Restoration. Half the members of the House of Commons he described as "court cullies" – the word "to cully" meaning apparently to befool or cheat – and in "A list of the Principal Labourers in the great Design of Popery and Arbitrary Law," gives a catalogue of the names of over two hundred members of Parliament who received presents from the Court at this time.10
The independence of Parliament was first asserted by that staunch old patriot Sir John Eliot, who, during the reign of Charles I., declared to the Commons that they "came not thither either to do what the King should command them, nor to abstain when he forbade them; they came to continue constant, and to maintain their privileges."11 But in spite of such brave words, the power of the Crown was not finally subdued until the Revolution.
The downfall of the Monarchy at the time
"A Brief Register of Parliamentary Writs" (1664).
Elsynge, Clerk of the Parliaments in the seventeenth century, took notes of the Lords' speeches, which have been published by the Camden Society (1870-1879).
"Works and Correspondence," vol. iii. p. 525. (The power to dissolve Parliament is still theoretically in the hands of the Sovereign; practically it is in those of the Cabinet. Parliament has only been dissolved once by the Sovereign since the beginning of the eighteenth century.)
Oldfield's "History of Great Britain and Ireland," vol. i. p. 280.
May's "A Breviary of the History of Parliament" (1680), p. 21.
Burnet's "History of His Own Times," vol. iii. p. 92 n.
"Sir Stephen Fox – once a link boy; then a singing boy at Salisbury; then a serving man; and permitting his wife to be common beyond sea, at the Restoration was made Paymaster of the Guards, where he has cheated £100,000, and is one of the Green Cloth." "Flagellum Parliamentarium," pp. 10 and 24.
Forster's "Life of Sir John Eliot," vol. i. p. 529.
