The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-01-01


cured through the peoples representa-
tives In the House OF Commons. Undoubt-
eddy tho House OF Lancaster. alive to
the weakness OF Its title. undertook to govern
England in concert with a free Parliament
this was the great Lnncastrian constitutional
principle-but the purpose was imperfectly
carried out. and with tho accession OF tho
House OF York. 1t was to a largo extent aban-
doned. But. although the English Constitu-
tion was not expanded under the Lancaster
dynasty and was almost ignored under that
OF York. 1t was by no means extinguiehed. for
when Richard III. was invited to assume the
crown this passage occurred in the address
presented by the memorialists: For Ger
tainly we BIO determined rather to adventure
and commit us to the peril OF our lives and
jeopardy OF death than to live In such thral-
dom and bondage as we have lived long
time heretofore. oppressed and injured by
extortions and new impositions against the
laws OF God and man and tho liberty and
policy and laws Of this realm. wherein every
Englishman Is Inherited" The cardinal
principle upon which constitutional govern
ment was already based had been stated by
Sir John Fortesque. Chief Justice Of the
Kings Bench under Henry vi. "A King
OF England" he said. cannot ut his
pleasure make any alterations In the laws OF
the land. for the nature Of his Government Ia
not only legal. but political He can neither
make any alteration or change in the law Of
the realms without the consent Of his subjects
nor burden them against their will with
strange impositions. SO that they being gov
erned by such laws as are made by their own
consent and appreciation enjoy their prop
erty securely and without the hazard Of being
deprived OF It by the King or any other"
1t is nevertheless true that tho constitutional
spirit too often slackened under the later Plan
tagenet Kings. No doubt. the Commons had ad-
vanced In numbers. wealth. and intelligence:
but the number OF electors was reduced by
unfair registration. and those who remained
were under the influence Of the mobiles. The
inhabitants OF the cities and boroughs we're
careless OF their privileges. allowing them to
fall into desuetude. and the corrupt system Of
nomination boroughs acted as O blight upon
constitutional progress. Under these circum-
stances the prerogatlves OF the Crown were
strongly reasserted. and for a period OF 200
years from the reign OF Henry vi. to that OF
Elizabeth the free Parliaments OF England
were in allegiance.
Mr.. Smith takes tho opportunity afforded
by the close Of the line OF York to con-
slider the composition OF the various estates
Of the realm. The temporal peers were for
merly few in lumber. In the fifteenth century
those summoned to Parliament seldom ex-
ceeded fifty: to the fret Parliament Of Henry
VII. only 20 were summoned: flfty-nine is
given as the number at the death OF Queen
Elizabeth. On the death OF William III. the
number had grown to 102. and when Queen
Victoria came to the throne the peers num-
bered 45G Since then the total has reached
upward OF i've hundred. Speaking generally.
tho peerage has always been hereditary. yet it
is to be noted that q few Me peers were created
between the reiGns Of Richard II. and Henry
W.: and several ladies received life peerages
between the reigns Of Charles II. and George
IL Four hundred years. however. had elapsed
since the last previous creation Of q male
life peer entitled to sit in Parliament. when
Queen Victoria created Sir James Parke. the
distinguished lawyer. Lord Wensleydale. As
1t is we'll known. exception was taken to
the act and q new patent was made out
by which Lord Wensleydale sat as an
hereditary peer. Life peerages. never
theless. were revived d. in 1876. when three lords
Of appeal were created barons by statute with
the right Of sitting and voting In the House OF
Lords SO long as they continued in their judi
cial Offices. From the outset OF their existence
as q separate estate. the Commons we're always
O much more numerous body than the
Lords. There were some 275 members In the
reign OF Edward L. $50 in that OF Edward H..
and 300 in that Of Henry VI. Parliament
added ~ members for Wales and 4 for the
county and city Of Chester in the reign Of
Henry Will. and 4 for the county and city Of
Durham In that OF Charles II. Between the
reigns Of Henry Will and Charles I'LL. 100
members were also added by royal charter.
Since the time Of the Second Charles nearly
200 members have been added. so that the
House as now constituted. consists of 67O
members,
Down to nearly tho close Of the sixteenth
century the House Of Commons had not as
serted its right to determine the validity OF the
elections OF it's members. The King took
direct coRnizance Of complaints on this score
until 141O. when the Judges OF Assize were
authorized to do this by statute. When the
session Of Parliament was ovor. the members
went down to their constituents and gave
them q full and public account OF the proceed
ings. The King almost always opened Parlia-
ment In person. and absent members were
fined for neglecting to appear In their places.
The time for meeting for the despatch OF
business varied. In 1875 and 1878 the Com
mons met at 8 A. NJ: In 1893 and 1401 at
10: in 1406 ut 8. and in 1413 at z. They did
not believe In turning the night into day.
The Commons usually deliberatod In the
Chapter House OF Westminster Abbey. but
sometime s also in tho Refectory.
".
Passing to the close Of the Tudor period.
which as a whole was one Of strong monarchical
action. we find that the parliamentary aspect
OF Elizabeth's reign deserves considerable
attention. 1t Is true that she ruled worry largely
through the medium OF the Privy Council:
that she summoned her Parliaments only from
necessity and regarded the two Houses as
mere Instruments Of taxation. Still. before
she died there were abundant signs OF the
beginning ofthe end. Although the Commons