The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-20 00:00:00

LITERATURE.

GRADUAL FORMATION OF THE PRESENT CON.
STITUTION OF PARLIAMENT.
(From " Spence's Inquiry into the Origin of the Laws and
Institutums of Modern ,Eurnpe.")
The constitution of Parliament under IVILLIAM I. and
his immediate successors, has been considered at some
length. There is reason to think that it was the intention
of EnwaßD THE FIRST or his advisers to have confined the
office of the Commons to the presenting petitions (a liberty
which the Roman provincials, in theory at least, enjoyed
to the fullest extent), and that of the Lords to offering
their advice (the office which the Roman Emperors as-
signed to the praetorian prefect and his companions), and
to have rest reed to himself the sole power of making the
laws. The statutes of Gloucester, 6 Edw. I , are prefaced
with these words : " The King himself providing for the
I amendment of his realm, and for the fuller administration
of justice, as the good of the kingly office requireth." The
statute of quo warrant° is expressed to be made " by the
King of his especial grace, and for the affection he beareth
unto his Prelates, Earls, and Barons, and others of his
realm." Most of the other acts of this reign are drawn up
as concessions front the King to the people, and in lan-
guage which might well have been used in an imperial
constitution. However, in the succeeding reign, the Cow-
moss asserted their right to be put upon an equal footing
with the Lords ; and by a statute of the 16 Edw. 11. it was
declared that matters established for the state of the King
and of the realm and of the people, shotild be done in Par-
liament by the King, and by the assent of the Prelates,
Earls, Barons, and Commonalty, according as it had been
theretofore accustomed. In this reign, too, it was ordained
that Parliaments should be held annually. In the reign
of &roam, 111. the Commouttodv in their preten-
sions, and claimed to join in enacting the laws. But,
though this claim was not established, or indeed at that
time persevered in, their right to interfere in matters of
legislation cppears to have been Intablisittd in the reign of
EDWARD 111. The right of the Counnons to originate
money bills was finally settled in the reign of Hewer IV.
So long as the statutes were drawn by the clerks of the
Chancery, and entered on the statute roll, from the peti-
tions of the Commons either in writing or by the mouth
of their Speaker, and the answers of the King and the
Council, without the Commons having any control over
the terms on which they were framed, statutes very dif-
ferent from what they had petitioned for might he, and
often actually were, enacted. To provide against this evil,
in the beeond of II LriltV V. it was granted by the King, at
the instance of the Commons, that nothing should be
enacted on the petition of the Commons that was contrary
to their asking, whereby they should be bound without
their consent. But the due enactment of the laws, as
assented to by the Lords and Commons, Was for the first
time effectuarly secured by the practice which obtained in
the reign of Enwa tin IV. of reducing all petitions into the
fore. of acts, and presenting them in that slate for the
royal assent. This practice also enabled the Commons to
insure their being consulted in regard to the acts origi-
nating with the Lords.