Parliament

Chambers's Encyclopaedia, Volume 7: Maltebrun to Pearson, p. 771–779

Parliament (Low Lat. parliamentum or parlamentum; Fr. parlement, from parler, 'to talk'), a meeting for conference and discussion (see PARLEMENT). In England the name of parliament has been given since the 13th century to the Great Council of the realm—the national assembly which succeeded to the powers exercised by the Witenagemote in Anglo-Saxon times. Under the influence of feudal ideas the Great Council became the high court of parliament. As the manor had its courts in which the lord met with his tenants, so the kingdom had its high court, in which the king met with the different estates or orders of his subjects, and conferred with them as to the enforcement of the good customs of the realm. At first the king claimed to exercise a measure of arbitrary discretion in issuing his writs of summons to parliament; but before the end of the 13th century it was settled and clearly understood that parliament should always consist of duly qualified representatives of the three estates of the realm—the Clergy, the Lords, and the Commons. The notion that the three estates are King or Queen, Lords, and Commons is a modern misconception.

The Three Estates—The Clergy.—The clergy were represented by the Lords Spiritual, the bishops, who sat among the Lords by virtue of their office. At one time proctors representing the lesser clergy sat among the Commons; but the clergy gave up this right in order to manage their own affairs in Convocation (q.v.). When Convocation gave up its right of taxation clergymen were permitted to vote in the election of members of the House of Commons. It would hardly be correct to say that the clergy still form a separate estate; but the Lords Spiritual still sit in the Upper House. The Archbishops of Canterbury and York, and the Bishops of London, Durham, and Winchester are always summoned to parliament; the other bishops are also summoned, but the junior members of the episcopal bench are excluded by the acts for the creation of new bishoprics, in which it is provided that the number of Lords Spiritual is not to be increased beyond the number as it stood in 1846, when the see of Manchester was founded. The Lords Spiritual do not vote as a separate order; in other words, a bill may pass in the House of Lords though all the bishops vote against it.

The Lords Temporal.—The lords or greater barons were originally those who held lands and honours of the king by the more dignified kinds of feudal service. They were barons by tenure, and as such entitled to receive the king's writ; among themselves they were peers or equals. In course of time the writ became the evidence of title to a peerage; but since the 15th century peers have always been created by a patent from the crown, specifying the title by which the new peer is to be known, and the heirs to whom his dignity is to descend. The titles now in use are duke, marquis, earl, viscount, and baron (on which see separate articles); a peer is named as being of a particular place, but it is no longer necessary that he should have any land or feudal rights in the place named. In other words, our aristocracy is no longer a close feudal aristocracy; it owes its existence to the crown, and the crown may increase the number of peers at pleasure. This is a very important rule, for the right to create new peers enables the crown—i.e. the ministers governing in the name of the crown, and enjoying the confidence of the House of Commons—to overcome the resistance of the House of Lords. Of late years the mere threat to create new peers has been found sufficient, as may be seen on referring to the history of the Reform Act of 1832. The dignity of peerage was always a hereditary dignity; the blood of the holder was ennobled. But the sons of a peer, though they bear courtesy titles and are nominally ennobled, are commoners for all legal and political purposes. This again is a most important rule, because it prevents the nobility from becoming a closely organised caste. It seems that the crown could always create a man a peer for his life; but it was resolved in the case of Lord Wensleydale, in 1856, that a life peerage, even if followed up by a writ of summons to parliament, would not entitle the holder to sit in the House of Lords. Since the Wensleydale case the Lords of Appeal, appointed to take part in the judicial business of the House, have been made life peers by statute. In 1830 there were 401 peers on the roll of the House of Lords; in 1890, 551, 12 being minors. Of these peerages 193, or rather more than one-third, have been created since the beginning of the 19th century.

In ancient times the prerogative right to create peers was used but sparingly; there were only some 50 or 60 Lords Temporal in the parliaments of the 15th and 16th centuries. The number of Lords Spiritual was reduced by the removal of abbots and priors at the Reformation to 26, and has not since been increased. Four sat as representatives of the Irish Church from 1800 down to its disestablishment in 1869. In conferring peerages the Stuart kings were more generous, or more lax than their predecessors. At the Revolution of 1688 the number stood at about 150. On the accession of George I. the leaders of the House of Lords proposed to restrain the crown from adding to the then existing number of 178 peerages; but this scheme was vehemently opposed in the House of Commons, and finally rejected. During the reign of George III. peers were created very freely. It was the avowed policy of the younger Pitt to fill the House of Lords with the wealthiest traders and landowners, and so to break down the family and personal factions into which a small aristocratic assembly tends to divide itself. With this object he conferred peerages so lavishly that the number created by George III. was 388.

In 1399 the Commons formally admitted 'that the judgments of parliament belong to the Lords and not to the Commons.' The House of Lords is a court of final appeal for all parts of the United Kingdom; it exercises original jurisdiction in peerage cases, in trials of peers for treason or felony, and on Impeachments (q.v.) by the Commons. When the House is sitting judicially only those members who hold or have held high judicial office take part in the proceedings. Lay peers formerly took part and voted on appeals; but this practice was justly regarded as a scandal. In 1844 some lay peers announced their intention to vote in the case of the Queen v. Daniel O'Connell, but they were persuaded to retire, and the case was decided by the legal members of the House. In its legislative capacity the House may deal with any matter affecting the public interest, and it claims the right to initiate bills which directly affect its own rights and privileges. By a convention of long standing, the Lords respect the right of the Commons to initiate money bills; they may accept or reject a money bill, but they do not amend it in detail. Any member of the House may introduce a bill, and ask that it may be read a first time; the 'reading' is of a formal character—the bill is laid on the table, and the title is read out by the clerk. If the House consents to read the bill a second time it accepts the general principle of the measure; the bill is then referred to a committee of the whole House, or to a select committee, to be amended in detail; it may then be reported to the House and read a third time and passed. If the bill is afterwards passed, or has already been passed by the Commons, it only requires the royal assent to become an act of parliament. This assent is given by the sovereign in person, or by commissioners representing the sovereign; the Lords are present in their places; the Commons, headed by their Speaker, attend at the bar of the Lords; the clerk of parliaments utters the Norman-French formula, 'Le Roy (or La Reine) le veult.' In the case of a money bill the royal assent is coupled with an expression of thanks for the 'benevolence' of parliament. The clerk endorses on the bill the date of the royal assent which turns it into an act. If the sovereign were to refuse assent the form would be 'Le Roy (or La Reine) s'avisera'—the King (or Queen) will think about it. But since the cabinet council became the chief power in the state this form of refusal has never been heard. Ministers take the lead in the business of legislation; they obtain the assent of the sovereign on the one hand, and of parliament on the other; all open conflict of powers is avoided. Queen Anne refused her assent to a Scotch Militia Bill; but since that time the royal assent has been given to every bill which passed the two Houses. Bills which await the royal assent are usually deposited in the House of Lords for that purpose; but a money bill, after passing the Lords, is returned to the Speaker of the Commons, and is brought by him to the bar of the Lords to receive the royal assent.

Precedence and Privileges.—Members of the House of Lords were formerly required to sit according to their precedence, but this rule is no longer observed. The bishops sit to the right of the woolsack; on the same side is the bench usually occupied by ministers. Supporters of the government sit behind their leaders, members of the opposition on the other side of the House, and independent members on the cross benches in front of the table. Whether it is sitting as a legislative or a judicial body, the House of Lords possesses all privileges necessary to the safe and dignified conduct of business. Its members are free from arrest on civil process in coming, going, or returning. They are free to speak their minds without being liable to action or indictment. They have access to the crown to explain their proceedings, and the crown should put the best construction on what they do. It is a breach of privilege to reflect on the honour of the House, or on the parliamentary conduct of its members. It is technically a breach of privilege to report its proceedings; but regular arrangements are now made for the admission of reporters. It was formerly doubtful how far the printers of the House were protected, but now, under an Act of 1840, the printers of parliamentary papers, if sued or prosecuted, may obtain a stay of proceedings on producing a certificate that such papers were printed by order. The House of Lords declares its own privileges; but in doing so it is bound by the law; it cannot create a new privilege by mere declaration. Persons guilty of breach of privilege may be attached and brought in custody, censured, fined, or imprisoned for a time certain or during pleasure. The privilege of the House may be used to protect the House and its committees, and all persons having lawful business before them, together with their counsel, solicitors, and witnesses.

Officers.—The chief officer of the House of Lords is the Chancellor, or Keeper of the Great Seal, who acts as speaker for formal purposes; he does not keep order; the Lords keep their own order. It is not even necessary that he should be a lord of parliament, and he sits on the woolsack, which is supposed to be outside the House. Deputy-speakers are appointed when necessary; and there is a salaried Chairman of Committees who exercises considerable powers, especially in regard to private bills. The Clerk of Parliaments is appointed by the crown; and the Gentleman Usher of the Black Rod is one of the Queen's ushers, whom she permits to act as the messenger and executive officer of the Lords. The judges and law-officers rank as assistants of the House; they are summoned to attend in parliament, and they are present on occasions of state; the judges also come in and sit together on the woolsack when the Lords desire to take their opinions on a point of law. Formal messages to the Commons are conveyed by the Usher of the Black Rod. Judges and Masters in Chancery were formerly employed for the same purpose, but the Commons came to treat these ceremonious messages with levity, and messages now pass from one House to another by the hands of their respective clerks, except on certain important occasions, such as the opening of parliament, &c. Formerly, when the two Houses differed, a formal conference was held in the Painted Chamber, the Lords sitting with their hats on, the Commons standing and uncovered; but the modern practice of party government renders these conferences unnecessary.

The Commons.—The Commons, or 'communitas regni,' included originally three classes of persons. First, the proctors of the lesser clergy, who disappeared at an early date. Secondly, the knights of the shire, who were chosen by the lesser barons and the general body of freeholders. These free tenants held their land by honourable tenures, but they could not bear the expense of attendance in parliament. As early as the time of King John they were represented by delegates; and Simon de Montfort gave effect to the same principle when he ordered two knights to be sent to parliament from each shire. Thirdly, there were burgesses and citizens, representing the self-governing towns of the kingdom. The burgesses also found it hard to bear the expense of attending parliament; they usually received an allowance for doing so; and some legal authorities have held that a member may still recover his 'wages' if he chooses to sue for them. No member of parliament now receives any pecuniary allowance. Payment of members is often advocated on the ground that the labouring population ought to be represented by men of their own class; it is resisted on the ground that paid members would be officials or delegates, not free representatives of the general body of citizens.

Happily for the cause of popular government, the knights and burgesses were soon welded together in one body; there has never been any legal difference between county members and borough members. Early in the history of parliament (the date cannot be exactly determined) the Commons retired to consider their own affairs in a separate chamber; one of their number presided, and acted as Speaker in communicating to the Lords the opinions of the third estate; and thus the Commons came to be organised as a separate House. The Lords remained in the old parliament chamber, and there the king continued to meet with the three estates; his throne was set in the House of Lords, and he never went into the House of Commons. Charles I. was therefore acting contrary to usage when he went in person to arrest the seven members. From about 1548 the Commons met in a room which had been known as St Stephen's Chapel, and the House is still occasionally spoken of as St Stephen's. Within the House all members are equal; but the bench immediately to the right of the chair is reserved for privy-councillors, and is now always occupied by ministers having seats in the House: their supporters sit behind them, and the members of the opposition sit to the left of the chair. Like the members of the other House, the Commons enjoy privilege of parliament; they are free from arrest on civil process in attending the House, and in coming or returning; but no person is privileged against arrest for crime or contempt of court. In the days when arrest for debt was common the privilege claimed by members of parliament, and even by their servants, was sometimes used to defeat creditors; but now an action or a bankruptcy petition is in no way impeded by privilege. A member of either House who becomes bankrupt is not permitted to sit or vote. Freedom of speech is enjoyed by the Commons as by the Lords; and they may claim, as a House, free access to the sovereign. The Commons may deal with offenders against their privileges by directing a prosecution; they do not claim the right to impose a fine, or to imprison for a time certain, but they may commit a person to prison during pleasure; persons so imprisoned may not be detained after the end of the session. The House declares its own privileges, but it cannot create a new privilege by mere declaration. In the famous case of Stockdale v. Hansard the House assumed authority to protect its printer against an action for libel, but the courts disregarded this resolution, and the controversy was finally settled by the passing of the Act of 1840 which has already been cited. A question of privilege will be taken up without notice at any moment; but it should be observed that a member has no privilege except when he is performing his parliamentary duty. If, for instance, a member is arrested for a crime committed out of doors, no question of privilege arises. We have seen that the Commons claim no general judicial authority, but they have claimed to deal judicially with cases of privilege, and with questions relating to the election and conduct of their members. Election petitions used to be tried by committees of the House, but this practice led to great abuses, and in 1868 these petitions were remitted to the judges for trial. The House may exclude, suspend, or expel a member for misbehaviour; but it was settled in the case of John Wilkes (q.v.) that expulsion creates no disqualification; the person expelled may be re-elected. Burke and other high authorities attach great importance to this rule of the constitution. If the House could disqualify a member for re-election, the majority might be tempted to strengthen itself by expelling the leaders of the minority. In 1711 Sir Robert (then Mr) Walpole was expelled the House, and there is reason to believe that the vote in his case was decided by considerations of party, and not by his guilt or innocence of the charges made against him.

As representing the whole community, and not merely a limited order, the Commons have long been accustomed to take the lead in the financial and legislative business of parliament. Since the Great Charter the crown has frequently admitted that taxes are not to be levied without consent of parliament; and in the reign of Richard II., if not earlier, the Commons laid claim to the 'power of the purse.' It is now established beyond doubt that the Commons have an exclusive right to vote supplies of money, and to prescribe the ways and means by which money may be raised. This right is respected by the Lords; the last conflict between the Houses occurred in connection with the repeal of the paper duty in 1860. Estimates of public expenditure are laid before the Commons by ministers, and considered in committee of supply. This is a committee of the whole House; the Speaker leaves the chair when the committee begins; the Mace (q.v.) is taken from the table; the Chairman of Committees takes his seat at the table; and the discussion which follows is of an informal character, members being allowed to speak more than once to the same question. When some of the necessary votes have been taken in supply the House resolves itself, in like manner, into a committee of ways and means. The resolutions adopted in committee are embodied in bills, which are sent up for the assent of the Lords. At the close of the financial year (i.e. about the end of March) the Chancellor of the Exchequer, in committee of the whole House, opens his Budget (q.v.) of expenditure and revenue for the coming year. Legislative business is conducted with the same forms as in the Lords; but a member must ask leave of the House to introduce a bill. If a bill is read a second time it is considered in detail by a committee of the whole House, or by a select committee. A committee always reports its proceedings to the House, the Speaker resuming the chair for that purpose. Besides performing these financial and legislative duties, the House of Commons acts as a 'grand inquest' to inquire into all matters of public concern. It is specially bound to watch the conduct of ministers, and to inform the sovereign whether they possess the confidence of the nation or not. In other words, the support of the Commons is necessary to the existence of a ministry, while a ministry may hold power though its supporters are in a minority in the Lords. Ministers take the lead in all important business; and party discipline tends to reduce the individual private member to comparative insignificance.

Union with Scotland and Ireland—Parliamentary Reform—Democracy.—The functions of parliament have been rendered more important and difficult by the political changes of the last 200 years. In the first place there is now only one legislature for the

United Kingdom. Down to 1707 Scotland had an independent parliament; the three estates of that kingdom sat together in one house, and the conduct of business was for the most part left to a smaller body called Lords of the Articles. At the Union the Scottish parliament ceased to exist; it was agreed that sixteen Scottish peers (elected by an assembly of peers at Holyrood, at the opening of a new parliament) should sit in the House of Lords, and not less than forty-five Scottish members in the House of Commons. The Irish parliament was an assembly of a more or less provincial character, sitting in two houses. Its legislative independence was conceded, under pressure, in 1782, but it never obtained effective control over the executive (see GRATTAN). By the Act of Union the Irish parliament was taken away; it was agreed that twenty-eight Irish peers (elected for life) should sit in the House of Lords, and 100 Irish members in the House of Commons. Thus the English parliament became the parliament of the United Kingdom. By the acts extending toleration to Roman Catholics (1829), Jews (1858), and Secularists—under the Oaths (q.v.) Act of 1888—new elements have been introduced into parliamentary life, and new questions have arisen for legislative treatment. Successive Reform acts have widened the democratic basis of the House of Commons: the Act of 1832 gave power into the hands of the middle classes; the Acts of 1867 and 1884, by admitting all householders and £10 lodgers to the franchise, have given a preponderance of voting power to the working-classes. One result of these successive changes is that the Commons are now 670 in number; they are, in fact, much too numerous for a deliberative assembly. The colonies and dependencies have no direct representation in either House; but questions of imperial policy occupy no small share of the time of parliament. With the advance of democracy, the sphere of legislation has been extended; large schemes for promoting education and sanitary reform, for regulating mines, factories, and shipping, and for the creation of new executive departments and local authorities are brought forward by all political parties. Each party makes its power felt by pushing its own measures and by dilatory resistance to the measures of its opponents; obstruction has been reduced to an art; the labours of those who lead the House of Commons have become intolerably heavy, and the old rules of debate are found unequal to the strain of political conflict. In 1882 the House adopted new rules of procedure, and these rules were further amended in 1887. A motion for the closure of a debate may now be put at any moment, with the assent of the Speaker or Chairman. But a question for the closure of debate is not decided in the affirmative unless it appears that the motion is supported by more than 200 members, or is opposed by less than 40 and supported by more than 100 members. Dilatory motions for adjournment have been checked; tedious and irrelevant speakers may now be stopped by the chair; a member 'named' to the House as disregarding the authority of the chair may be suspended for a time from his service.

Officers.—The chief officer of the House of Commons is the Speaker, who is chosen by the members from among their own number, at the opening of a new parliament. The Speaker-elect presents himself at the bar of the Lords for the approval of the crown, which is given in a customary form of words by the Lord Chancellor. The Speaker then lays claim to the ancient privileges of the Commons: on returning to his own House he takes the oath before the other members. Inducted with these forms, the Speaker becomes the president and spokesman of the House, with authority to keep order. He refers all questions of importance to the House; but his own position is one of great influence and dignity; he is the First Commoner in the kingdom, and takes precedence as such. The Chairman of Committees presides in committee of the whole House; he is also empowered to act as Deputy-speaker. The Assistant Clerk of Parliaments acts as clerk of the House. There are two other clerks; their chief duty is to keep the Journals, which are accepted by all other authorities as evidence of what is done by the House. The Serjeant-at-arms is the executive officer of the Commons.

Summoning Parliament.—When the sovereign is advised to summon a new parliament notice of that intention is given by proclamation. A writ of summons is sent to each lord of parliament; the Scottish peers elect the representative peers. A writ is also sent to the returning-officer of each constituency, commanding him to hold an election, and to return the name of the person elected. In counties the sheriff acts as returning-officer; in Scotland he acts also for burghs within his jurisdiction; in English boroughs this duty is commonly performed by the mayor. The lawful charges incurred by the returning-officer are borne by the candidates, an arrangement which is regarded with disfavour by those who wish to make it easy for poor men to enter parliament.

Places represented in Parliament.—The places represented in the House of Commons are counties and county divisions, boroughs and wards of boroughs, and universities. By the plan of redistribution adopted in 1884-85 the more populous counties and boroughs are divided into districts, each of which elects a single member. The plan is fairly convenient, and will probably hold its own in spite of the advocates of proportional representation. The seats allotted to the universities have been the cause of some controversy. In old times a university was a kind of borough within a borough; Oxford and Cambridge obtained at an early date the privilege of sending burgesses to parliament; Trinity College, Dublin, enjoyed a similar privilege, and now sends two members to Westminster; London University now elects one member, and the four Scottish universities elect two. The electors in all these cases are the graduate members of the university. Of course university men, if qualified, vote also for the places where they reside or have property, and this double representation is objected to as being inconsistent with democratic principles. There is also a considerable body of opinion hostile to all double qualifications; 'one man one vote' has been for some time a popular cry.

Electors.—The voters entitled to take part in the election are those whose names are on the register. Registration was introduced after the Reform Act of 1832; and the present law affords much more satisfactory means of proving and testing claims to vote than the rough and ready methods formerly in use. Lists of voters are made out by local authorities, and carefully revised, in England by barristers appointed for the purpose, in Scotland by the sheriff or his substitute in a registration court. The persons entitled to be placed on the register are male persons over twenty-one, not being peers, not disqualified by alienage, office, or employment, unsoundness of mind, conviction for crime or corrupt practices, or receipt of parochial relief, and possessing any of the property qualifications required by law. Before 1832 county members were elected in England by the freeholders assembled in the county court; an act of Henry VI. restricted the right of voting to those whose tenements were of the yearly value of forty shillings; in some boroughs the right of election belonged to a limited number of persons having freeholds or burgage tenements within the boroughs; in others the inhabitants paying scot and lot voted; in others, again, the right was restricted to members or officers of the corporation. In Scotland the county qualification was a forty-shilling land of old extent, or land not of old extent rated in valuation books at £400; in Edinburgh the election was by the town-council; the member for each group of royal burghs was chosen by delegates appointed by the town-councils. In Galt's novel, The Provost, there is a graphic and truthful description of a burgh election under the old system. The Irish borough and county franchises were modelled on the English system; on the passing of the Roman Catholic Emancipation Act in 1829 it was thought prudent to disfranchise freeholders under £10 a year. These old franchises have been in part destroyed and in part preserved by successive acts of reform. The statute law on the subject is voluminous and complicated, and the work of simplification is beset with difficulties; the opposition is always ready to suspect the party in power of what the Americans call 'gerrymandering'—i.e. of readjusting the electorate to suit its own interests.

The qualifications which now entitle a person to be registered and to vote are classified by Sir W. Anson as follows: (1) Property.—In England freehold of inheritance of forty shillings yearly value, freehold for life of £5 yearly value, copyhold of £5 yearly value, leasehold of £5 yearly value held for a term of sixty years or more, leasehold of £50 yearly value, if held for a term of twenty years or more, will qualify a person to vote in counties, and in towns which rank as counties. In Scotland land or heritage of £5 yearly value, leasehold of £10 yearly value held for life or for fifty-seven years or more, leasehold of £50 yearly value held for nineteen years or more will qualify for the county franchise. In Ireland freehold of £5 net annual value, rent charge or leasehold for life of £20 annual value, leasehold of £10 value held for sixty years or more, leasehold of £20 value held for fourteen years or more will qualify for the county franchise. Special rules have been made to prevent the multiplication of small freeholds for political purposes (the process popularly known as 'Faggot-voting,' q.v.). (2) Occupation.—The occupier of land or tenements of the yearly value of £10 is qualified to vote in any part of the United Kingdom, but the mode of ascertaining the value varies. In English and Scotch boroughs residence in or within 7 miles of the borough is required; and in all parts of the United Kingdom this franchise is made to depend on payment of rates. (3) Residence.—The inhabitant occupier of a dwelling-house, or of any part of a house occupied as a separate dwelling, is qualified; throughout the United Kingdom this franchise is made dependent on payment of rates. Lodgers occupying rooms of the yearly value (unfurnished) of £10 are also qualified. Certain rights of resident burgesses and freemen in English boroughs were preserved by the Act of 1832, and the liverymen of the City Companies retain the right to vote in the City of London.

Candidates—Conduct of the Election—Election Petitions.—On receiving the writ for an election the returning-officer fixes a day to receive the names of candidates. Any male British subject of full age, not disqualified by peerage, office, conviction, &c., may become a candidate. A candidate is required to have an agent for election expenses, and in promoting his candidature he is bound to see that no breach of the law is committed, and that the total expenses are kept within the limits prescribed by the Corrupt Practices Act, 1883 (see BRIBERY). If more candidates come forward than there are seats to be filled, a day is fixed for taking a poll of the electors; rooms or booths are fitted up for that purpose; each polling-place is supplied with a ballot-box, voting-papers, &c., and presided over by the returning-officer or one of his deputies. The elector votes by placing a cross opposite the name of the candidate of his choice; his paper is folded up by himself and dropped into the box; elaborate rules are made by the Ballot Act, 1872, to protect the secrecy of the vote (see BALLOT). Any material infraction of the law in conducting an election may be made the ground of a petition; the petitioners are required to find security for the costs: the petition is tried by two judges, who decide such questions of law and fact as may be raised, determine whether the person petitioned against has been duly elected or not, and report to the Speaker the result of their inquiry. If there is reason to believe that corrupt practices have extensively prevailed, commissioners may be appointed to make inquiry and report, and persons guilty of criminal offences may be prosecuted. The foregoing rules apply to the conduct of a general election, and also to the conduct of an election to fill a vacancy in the House of Commons caused by death, expulsion, or acceptance of office under the crown. The law does not permit a member of parliament to resign; if a member wishes to retire he applies to the Treasury for the stewardship of the Chiltern Hundreds (q.v.), and the acceptance of this has the effect of vacating his seat. When a member accepts high political office, as a general rule he vacates his seat, and must present himself for re-election.

Meeting of Parliament—Acts of Parliament.—When the Lords and Commons assemble at Westminster the Commons are directed to choose a Speaker. This having been done, and the members of both Houses having taken the oath of allegiance, the causes for which parliament has been called together are declared in the King's or Queen's Speech, which is read by the sovereign in person, or by the Lord Chancellor in the sovereign's presence, or by one of the lords commissioners who represent the sovereign in absence. The two Houses are free to take up matters not laid before them by the crown; business is usually begun in each House by reading a bill pro forma, in order to assert the right of free deliberation. Two members are chosen in each House by ministers to move and second an address in answer to the royal speech; in the Commons this motion gives rise to an aimless and discursive debate, in which the whole policy of the government is attacked by the opposition. Such are the forms with which the first session of a new parliament is begun. Each House may adjourn at its own discretion from day to day and for the customary holidays. The session comes to an end when parliament is prorogued by the crown: prorogation puts an end to all sessional orders and to all pending business, except impeachments, writs of error, and appeals to the House of Lords. The public acts of parliament passed in a session form one statute, which is divided into chapters for convenience of reference. Thus, 'the 30 and 31 Vict. chap. 20' means the 20th chapter of the statute law made in a session which began in the 30th and continued into the 31st year of Queen Victoria's reign—in other words, the session of 1867. Copies of the statutes are engrossed for preservation among the rolls of parliament, and printed copies are sent to judges and magistrates; but no form of publication is required to give validity to a statute; all subjects are bound to take note of and obey the law. In applying the rules of a statute the courts are guided by the intention expressed in the act itself; they will not look at the arguments or assurances addressed to parliament in the course of debate. An act comes into force as soon as it receives the royal assent, unless some other time has been indicated in the act. It is a rule that no bill may be introduced twice in the same session; it has sometimes been found necessary to prorogue parliament in order that a rejected bill may be brought in again without delay.

Divisions—Committees.—A division is taken in either House by the voices of those present, the Lords crying 'Content' or 'Not content,' the Commons 'Aye' or 'No.' If the Speaker's decision as to the result of the vote is challenged, members pass out into the lobbies, and are 'told' or counted by members appointed for that purpose. In case the numbers are equal, in the Lords the question is decided in the negative; in the Commons the Speaker gives a casting vote. Matters which cannot conveniently be dealt with in the House are referred to a committee of the whole House, such as has been already described, or to a select committee. Witnesses may now be examined before committees of both Houses on oath. When a private bill is sent to a committee, the promoters and opponents attend with their counsel and agents; the inquiry partakes of a judicial character. The expense of proceedings before parliamentary committees is very great, and many proposals have been made to alter the existing system: a bill was before parliament in 1891 by which it was proposed to create a local tribunal to deal with Scotch private bills. In the House of Commons there were formerly four grand committees, for religion, for grievances, for courts of justice, and for trade. These four were discontinued in 1832; in 1882 two standing committees were appointed for the consideration of bills relating to law and courts of justice and to trade. These standing committees have done less to lighten the labours of the House than was at first expected; it is found that time may be wasted by reopening in the House questions which have been already discussed at length in the committee.

Prorogation and Dissolution.—When parliament has been prorogued it may be summoned to meet for another session; the new session is opened with a royal speech. When the government determines to 'go to the country'—i.e. to hold a general election, it is customary to put an end to the session by prorogation, and afterwards to issue a proclamation dissolving the parliament and to give directions for the issue of new writs of summons. Dissolution puts an end to the House of Commons for the time being; the members are no longer addressed by the title of M.P., and the Speaker becomes an ordinary commoner. The law directs that not more than three years shall elapse between the dissolution of a parliament and the calling of a new one; but, inasmuch as the Commons will not vote more than an annual supply of money, it is absolutely necessary that there should be at least one session of parliament in each year. No parliament may endure for more than seven years from the time when it is first summoned to meet. Triennial parliaments were established by a law of 1641; in the same year the Long Parliament got the king to agree to a bill depriving him of the right to dissolve that parliament without its own consent; the Triennial Act was repealed after the restoration of Charles II., and re-enacted in 1694. The period of seven years was fixed, instead of three years, by the Septennial Act, passed in 1716, soon after the accession of George I., at a time when the government desired to avoid the changes of popular opinion produced by frequent general elections. The act is praised by some critics and attacked by others, because it makes members more independent of the electors than they would be if they were constantly looking forward to an election.

'Omnipotence' of Parliament.—In foreign countries and in the British colonies the legislature is a limited body, which exercises the powers conferred upon it by a written constitution; its acts are void if they exceed its powers. An act of the congress of the United States, for example, may be set aside by a court of law if it is beyond the constitutional competence of congress. No British court can set aside an act of parliament on any such ground, for parliament defines its own powers and is not bound by any written constitution. In the words of Sir Edward Coke, the power of parliament 'is so transcendent and absolute that it cannot be confined, either for causes or persons, within any bounds.' The other legislative authorities of the empire act within the limits laid down for them by parliament. If a colonial government, for instance, wishes to deal with some matter outside the colony, it must, as a general rule, obtain an act of parliament for the purpose; a colonial legislature has an authority which is plenary as to causes and persons, but limited as to territorial area. The Septennial Act, cited above, illustrates what is meant by the omnipotence of parliament. A House of Commons, elected for three years under the Act of 1694, concurred in prolonging its own mandate to a period of seven years; and its action was perfectly legal and constitutional. Whether we should gain or lose by bringing the powers of parliament within legal bounds, it is not easy to decide.

Petitions to Parliament.—Petitions may be addressed to either House of Parliament by British subjects and persons resident in the British dominions; a petition must be presented by a member of the House to which it is addressed, except petitions from the corporation of London, which are presented by the sheriffs of London at the bar. The Lord Mayor of Dublin has also been allowed to present a petition, and the same privilege would probably be conceded to the Lord Provost of Edinburgh. It was formerly not unusual for the member presenting a petition to make a speech, but the standing orders of the Commons now forbid this to be done. There is a committee on public petitions which reports twice a week during the session.

Parliamentary Returns.—Each House may obtain information from the executive departments by asking for returns and papers. In dealing with a subordinate department, or a department created and regulated by statute, either House may order returns; if the department is that of a high officer of state, or if the matter inquired of concerns the sovereign's prerogative, it is usual to move a humble address, praying that the documents required may be furnished. Neither House will order a return regarding the proceedings of the other; but the members of one House have seldom any difficulty in obtaining papers printed for the use of the other. No return may be ordered from private persons and associations, unless under the provisions of an act of parliament. Confidential documents (e.g. cabinet memoranda, or opinions of the law officers of the crown) are never laid on the table in either House, unless for special reasons the government thinks it desirable.

Constituencies.—The following table shows the number of members sent to the House of Commons by constituencies of the United Kingdom; the names of the electoral divisions of a county or borough not being generally specified when they are all simply taken from the points of the compass, north, north-east, central, &c.

ENGLAND.

COUNTIES.

Bedford, 2.
Biggleswade.
Luton.

Berks, 3.
Abingdon.
Newbury.
Wokingham.

Buckingham, 3.
Buckingham.
Aylesbury.
Wycombe.

Cambridge, 3.
Wisbech.
Chesterton.
Newmarket.

Cheshire, 8.
Wirral.
Eddisbury.
Macclesfield.
Crewe.
Northwich.
Altrincham.
Hyde.
Knutsford.

Cornwall, 6.
St Ives.
Cambrone.
Truro.
St Austell.
Bodmin.
Launceston.

Cumberland, 4.
Eskdale.
Penrith.
Cockerinouth.
Egremont.

Derby, 7.
High Peak.
North-east.
Chesterfield.
West.
Mid.
Ilkceston.
South.

Devon, 8.
Honiton.
Tiverton.

Devon—continued.
South Molton.
Barnstaple.
Tavistock.
Totnes.
Torquay.
Ashburton.

Dorset, 4.
North.
East.
South.
West.

Durham, 8.
Jarrow.
Houghton-le-Spring.
Chester-le-Street.
North-west.
Mid.
South-east.
Bishop Auckland.
Barnard Castle.

Essex, 8.
Walthamstow.
Romford.
Epping.
Saffron Walden.
Harwich.
Maldon.
Chelmsford.
South-east.

Gloucester, 5.
Stroud.
Tewkesbury.
Cirencester.
Dean.
Thornbury.

Hants, 6.
Basingstoke.
Andover.
Petersfield.
Fareham.
New Forest.
Isle of Wight.

Hereford, 2.
Leominster.
Ross.

Hertford, 4.
Hitchin.
Hertford.
St Albans.
Watford.

Huntingdon, 2.
Huntingdon.
Ramsey.

Kent, 8.
Sevenoaks.
Dartford.
Tunbridge.
Medway.
Faversham.
Ashford.
St Augustine's.
Thanet.

Lancashire, 23.
North Lonsdale.
Lancaster.
Blackpool.
Chorley.
Darwen.
Clitheroe.
Acerington.
Rossendale.
Westhoughton.
Heywood.
Middleton.
Radcliffe.
Eccles.
Stretford.
Gorton.
Prestwich.
Southport.
Ormskirk.
Bootle.
Widnes.
Newton.
Ince.
Leigh.

Leicester, 4.
Melton.
Loughborough.
Bosworth.
Harborough.

Lincoln, 7.
Gainsborough.
Brigg.
Louth.
Horncastle.
Sleaford.
Stamford.
Spalding.

Middlesex, 7.
Enfield.

Middlesex—continued.
Tottenham.
Hornsey.
Harrow.
Ealing.
Brentford.
Uxbridge.
Mounmouth, 3.
North.
West.
South.

Norfolk, 6.
North-west.
South-west.
North.
East.
Mid.
South.
Northampton, 4.
North.
East.
Mid.
South.
Northumberland, 4.
Wansbeck.
Tyneside.
Hexham.
Berwick-on-Tweed.

Nottingham, 4.
Bassetlaw.
Newark.
Rushcliffe.
Mansfield.

Oxford, 3.
Banbury.
Woodstock.
Henley.

Rutland, 1.
Shropshire, 4.
Oswestry.
Newport.
Wellington.
Ludlow.

Somerset, 7.
North.
Wells.
Frome.
East.
South.
Bridgwater.
Wellington.

Stafford, 7.
Leek.
Burton.
West.
North-west.
Lichfield.
Kingswinford.
Handsworth.

Suffolk, 5.
Lowestoft.
Eye.
Stowmarket.
Sudbury.
Woodbridge.

Surrey, 6.
Chertsey.
Guildford.
Reigate.
Epsom.
Kingston.
Winbledon.

Sussex, 6.
Horsham.
Chichester.
Grinstead.
Lewes.
Eastbourne.
Rye.

Warwick, 4.
Tamworth.
Nuneaton.
Stratford-on-Avon.
Rugby.

Westmorland, 2.
Appleby.
Kendal.

Wilts, 5.
Cricklade.
Chippenham.
Westbury.
Devizes.
Wilton.

Worcester, 5.
Bewdley.
Evesham.
Droitwich.
North.
East.

Yorkshire, 26.
Thirsk and Malton.
Richmond.

Yorkshire—continued.
Cleveland.
Whitby.
Holderness.
Buckrose.
Howdenshire.
Skipton.
Keighley.
Shipley.
Sowerby.
Elland.
Morley.
Normanton.
Colne Valley.
Holmfirth.
Barnsley.
Hallamshire.
Rotherham.
Doncaster.
Ripon.
Otley.
Barkston Ash.
Osgoldcross.
Pudsey.
Spen Valley.

BOROUGHs.
Ashton-under-Lyne.
Aston Manor.
Barrow-in-Furness.
Bath, 2.
Bedford.
Birkenhead.
Binningham, 7.
Edgbaston.
West.
Central.
North.
East.
Bordesley.
South.
Blackburn, 2.
Bolton, 2.
Boston.
Bradford, 3.
Brighton, 2.
Bristol, 4.
Burnley.
Bury.
Bury St Edmunds.
Canbridge.
Canterbury.
Carlisle.
Chatham.
Cheitenham.
Chester.
Christchurch.
Colchester.
Coventry.
Darlington.
Derby, 2.
Devonport, 2.
Dewsbury.
Dover.
Dudley.
Durham.
Exeter.
Falmouth and Penryn.
Gateshead.
Gloucester.
Grantham.
Gravesend.
Grimsby (Great).
Halifax, 2.
Hanley.
Hartlepool.
Hastings.
Hereford.
Huddersfield.
Hull, 3.
Hythe.
Ipswich, 2.
Kidderminster.
Leeds, 5.
Leicester, 2.
Lincoln.
Liverpool, 9.
Kirkdale.
Walton.
Everton.

Liverpool—continued.
West Derby.
Scotland.
Exchange.
Abercromby.
East Toxteth.
West Toxteth.
London & Metropolitan
Boroughs, 62.
City, 2.
Battersea.
Bethnal Green, 2.
Camberwell, 3.
Chelsea.
Clapham.
Croydon.
Deptford.
Finsbury, 3.
Fulham.
Greenwich.
Hackney, 3.
Hammersmith.
Hampstead.
Islington, 4.
Kensington, 2.
Lambeth, 4.
Lewisham.
Marylebone, 2.
Newington, 2.
Paddington, 2.
St George.
St Pancras, 4.
Shoreditch, 2.
Southwark, 3.
Strand.
Tower Hamlets, 7.
Wandsworth.
West Hain, 2.
Westminster.
Woolwich.
Lynn Regis.
Maidstone.
Manchester, 6.
Middlesbrough.
Monmouth district.
Morpeth.
Newcastle-upon-Tyne, 2.
Newcastle-under-Lyne.
Northampton, 2.
Norwich, 2.
Nottingham, 3.
Oldham, 2.
Oxford.
Peterborough.
Plymouth, 2.
Pontefract.
Portsmouth, 2.
Preston, 2.
Reading.
Rochdale.
Rochester.
St Helen's.
Salford, 3.
Salisbury.
Scarborough.
Sheffield, 6.
Attercliffe.
Brightside.
Central.
Hallam.
Ecclesall.
Shields (South).
Shrewsbury.
Southampton, 2.
Stafford.
Stalybridge.
Stockport, 2.
Stockton.
Stoke-upon-Trent.
Sunderland, 2.
Taunton.
Tynemouth & N. Shields.
Wakefield.
Walsall.
Warrington.
Warwick & Leamington.
Wednesbury.
West Bromwich.
Whitehaven.
Wigan.

Winchester.
Windsor.
Wolverhampton, 3.
Worcester.
Yarmouth (Great).
York, 2.
UNIVERSITIES.
Cambridge, 2.
London.
Oxford, 2.
WALES.
COUNTIES.
Anglesey.
Brecon.
Cardigan.
Carmarthen, 2.
Carnarvon, 2.
Eifion.
Arfon.
Denbigh, 2.
Flint.
Glamorgan, 5.
East.
Rhondda.
Gower.
Mid.
South.
Merioneth.
Montgomery.
Pembroke.
Radnor.
BOROUGHs.
Cardiff district.*
Carmarthen "
Carnarvon "
Denbigh "
Flint "
Merthyr-Tydfil, 2.
Montgomery district.
Pembroke "
Swansea " 2.
* See articles CARDIFF, FLINT, &c.
SCOTLAND.
COUNTIES.
Aberdeen, 2.
Argyll.
Ayrshire, 2.
Banff.
Berwick.
Bute.
Caithness.
Clackmannan & Kinross.
Dunbarton.
Dumfries.
Edinburgh.
Elgin and Nairn.
Fife, 2.
Forfar.
Haddington.
Inverness.
Kincardine.
Kirkcudbright.
Lanark, 6.
Govan.
Partick.
North-east.
North-west.
Mid.
South.
Linlithgow.
Orkney and Shetland.
Peebles and Selkirk.
Perth, 2.
Renfrew, 2.
Ross and Cromarty.
Roxburgh.
Stirling.
Sutherland.
Wigtown.

BOROUGHs.
Aberdeen, 2.
Ayr Burghs.
Ayr.
Campbeltown.
Inveraray.
Irvine.
Oban.
Dumfries Burghs.
Dumfries.
Annan.
Kirkcudbright.
Lochmaben.
Sanquhar.
Dundee, 2.
Edinburgh, 4.
Elgin Burghs.
Elgin.
Banff.
Cullen.
Inverurie.
Kintore.
Peterhead.
Falkirk Burghs.
Falkirk.
Airdrie.
Hamilton.
Lanark.
Linlithgow.
Glasgow, 7.
Bridgeton.
Camlachie.
St Roliox.
Central.
College.
Tradeston.
Blackfriars and
Hutchesontoun.
Greenock.
Hawick Burghs.
Hawick.
Galashiels.
Selkirk.
Inverness Burghs.
Inverness.
Forres.
Fortrose.
Nairn.
Kilmarnock Burghs.
Kilmarnock.
Dumbarton.
Port-Glasgow.
Renfrew.
Rutherglen.
Kirkcaldy Burghs.
Kirkcaldy.
Burntisland.
Dysart.
Kinghorn.
Leith Burghs.
Leith.
Musselburgh.
Portobello.
Montrose Burghs.
Montrose.
Arbroath.
Brechin.
Forfar.
Bervie.
Paisley.
Perth.
St Andrews Burghs.
St Andrews.
Easter Anstruther.
Wester Anstruther.
Crail.
Cupar.
Kifrenny.
Pittenween.
Stirling Burghs.
Stirling.
Culross.
Dunfermline.
Inverkeilthing.
Queensferry.
Wick Burghs.
Wick.
Cromarty.
Dingwall.

Wick Burghs—contin'd.
Dornoch.
Kirkwall.
Tain.
UNIVERSITIES.
Edinr. and St Andrews.
Glasgow and Aberdeen.
IRELAND.
COUNTIES.
Antrim, 4.
Armagh, 3.
Carlow.
Cavan, 2.
Clare, 2.
Cork, 7.
Donegal, 4.
Down, 4.
Dublin, 2.
Fermanagh, 2.
Galway, 4.
Kerry, 4.
Kildare, 2.
Kilkenny, 2.
King's County, 2.
Leitrim, 2.
Limerick, 2.
Londonderry, 2.
Longford, 2.
Louth, 2.
Mayo, 4.
Meath, 2.
Monaghan, 2.
Queen's County, 2.
Roscommon, 2.
Sligo, 2.
Tipperary, 4.
Tyrone, 4.
Waterford, 2.
Westmeath, 2.
Wexford, 2.
Wicklow, 2.
BOROUGHs.
Belfast, 4.
Cork, 2.
Dublin, 4.
College Green.
Dublin Harbour.
St Stephen's Green.
St Patrick's.
Galway.
Kilkenny.
Limerick.
Londonderry.
Newry.
Waterford.
UNIVERSITY.
Dublin, 2.
SUMMARY.
ENGLAND—
Counties.... 233 } 405
Boroughs.... 227 }
Universities.. 5 }
WALES—
Counties.... 19 } 30
Boroughs.... 11 }
SCOTLAND—
Counties .... 39 } 72
Boroughs.... 31 }
Universities.. 2 }
IRELAND—
Counties .... 85 } 103
Boroughs.... 16 }
University... 2 }
Grand total for
United Kingdom.. 670

For the history of parliament, see the constitutional histories of Stubbs, Hallam, and May; for its laws and customs, May's Parliamentary Practice, Anson's Law and Custom of the Constitution, and Lucy's Handbook of Parliamentary Procedure; for its relations with the executive, see especially Todd's Parliamentary Government in England. The details of electoral law will be found in the works of Rogers (England), Badenach Nicolson (Scotland), and W. H. Mann (Ireland). See further G. B. Smith's History of the English Parliament (2 vols. 1892); G. L. Dickinson's The Development of Parliament in the Nineteenth Century (1895); also Dod's Parliamentary Companion, Bartholomew's Election Handbook since 1837 (1880), Adam's Political State of Scotland in

1788 (Edin. 1887), and the almanacs; besides the articles in this work on

Appeal. Edward I. Reform.
Ballot. England (Hist. of). Reporting.
Bribery. Government. Representation.
Cabinet. Hansard. Sovereign.
Chartism. Impeachment. Taxation.
Commissions. Montfort. Treasury.
Congress. Nobility. Westminster.
Cromwell. Privy-council. Witenagemote.
Source scan(s): p. 0786, p. 0787, p. 0788, p. 0789, p. 0790, p. 0791, p. 0792, p. 0793, p. 0794