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

Although Edward II. was one Of the weak est
kings that has ever reigned In England. yet per-
haps for that very reason constitutional prog
ress was under him great and rapid. The
knights OF the shire. who had previously acted
with tho barons. joined the citizens and bur-
gesses. and in the first Parliament of Edward
I'LL they are found sitting together as the
Commons" This may be regarded as the
turning point in tho political history OF Eng
land. The union Of the country gentlemen
with the burgesses formed the estate Of the
realm which was destined to prevail over all
other powers. The contemporaneous with
drawal OF the clergy tother than the Bishops
and mitred abbots) further strengthened the
united Parliament. Through the very neces-
sites OF the King. Parliament gained au-
thority. As Edward was continually In diff
culties he was also In continual need OF subsi-
dies. and this meant the calling together
OF Parliament. which ultimately occurred
every year. The sovereign leaned upon the
Commons for advice on questions In peace
and war and always entertain ed their petitions
for the redress OF grievances. By and by the
advice and consent Of the Commons. as we'll
as that Of the Lords. spiritual and temporal.
came to be regularly recorded in the enacting
part OF every statute. AS to the deposition OF
Edward IL. Mr.. Smith concurs with Prof. Free
maa in holding that this took place by virtue
OF an inherent right ofsthe English people to
put away their ruler when he had proved false
to his trust. The author Of this history con-
ours in the proposition laid down by Freeman
that there has never been a divine right on
the part OF an English monarch to do
evil without retribution. Such absolut-
ism. once admitted. would destroy the
very basis Of the Constitution. The two
fold right OF election and deposition went to-
gether both before and after the Conquest. It
Is. nevertheless. acknowledged that the royal
power and prestige had grown 80 much be-
tween the time or William !. and Edward IL.
that those who were mainly nstrumen in
securing the deposition OF the second Edward
deemed 1t advisable at the same time to pro-
cure his assent to his sons election rs his sue
cessor. DR.. Stubs In his Constitutional His
tory" has said that "the Constitution had no
rule or real precedent for discarding n worth
less king" The author Of this history re-.
CARDS this statement as unfounded. He points
out three actual presidents in the cases of
Siegbert, Ethelred the Unready. and Hardi-
canute; and John and Henry III. were very
near being deposed in the exercise OF the
same right.
Tho Parliament held at Westminster In 1880
Is noteworthy on several grounds. In the first
place 1t enacted that henceforth Parliament
should be held annually. Then. too. a singu-
lar writ was sent to all the Sherlffs in which
the evil designs Of the late Minister. Roger
Mortimer. in packing" Parliaments were
openly denounced. The writ showed that the
practice had a much earlier date than either the
thirteenth or fourteenth century. Edward Ill
manifested considerable trust in parliament
airy institutions. and their action became
more clearly defined in his reign. 1t was ut
this period that Parliam emit was divided into
two Houses. such as exist at the present day.
The year 134l marks the definite separation
OF the Lords and Commons. II was in tho year
last mentioned that Parliament undertook to
make the Ministers accountable to commits
sioners OF the two Houses forth use OF money
granted to the King. Subsequently. however.
Edward III. annulled the statutes In which
this arrangement was embodied. At this time
also the cardinal doctrine that the exhibition
Of grievances should precede the grant OF sup
plies was gradually established.
The first twelve years OF the reign OF Richard
1.-THE years comprised in his minority-con-
stitute q remarkable period. when the Com
mons asserted their rights against tho Crown,
and when. for some years at least. the whole
executive Government was transferred to tho
two Houses. Then q reaction took place. dur
ing which Richard acted revengefully against
the leading mobiles; and finally. for about two
years. the King exercised a despotism which
led to his deposition. An important case OF
privilege arose during the Parliament OF 1897.
Sir Thomas Haxey had introduced a bill COM
planning OF NEUTRALITY-SUSPICIOUS. and OF the ex-
cessiye charges OF tho Kings household.
Richard II. was exceedingly indignant. and
ordered the Commons to name the author OF
the bill. The Commons. with profuse apollo
gies. gave up Haxey. who was adiudGed In
Parliament To die as q traitor. Having been