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CHAPTER IV.

THE HIGH COURT OF PARLIAMENT AND PARLIAMENTARY GOVERNMENT.

Sovereignty of Parliament in Legislation and Government.-Public and Private Legislation.-Mode of Procedure.-Bills brought in.-First and Second Readings.-Committees.-Third Reading.—Transmission to the other House.-Amendments.-Conference.-Royal Assent.Parliamentary Government.-Relations between the Crown and the Parliament.-Triennial Act.-Septennial Act.-Annual Supplies.Estimates.-Voting Supplies.--Consolidated Fund.-Committee of Supply.—Interpellation of Ministers.—Committee of Ways and Means. Budget. Supplies Voted for one Year. Appropriation Act.Financial Officers.-Exchequer.-Mode of issuing Money.-Gross Revenue paid into Exchequer.-Annual Financial Accounts.-Mutiny Act, and Acts for raising Army and Navy.-Ministers Selected from Parliament.-Power to Interfere with the Crown.-Modes of Proceeding against Ministers.-Privileges of the Houses.-Freedom of Speech.-Publication of Parliamentary Papers; of Debates and Votes.-Power of Commitment.-Breaches of Privilege.-Privilege of Members from Arrest.

HAVING traced and considered the prerogatives and duties of the king, as the executive chief magistrate,-himself irresponsible but always acting through responsible ministers,— and the constitution and special functions and duties of the houses of lords and commons,— -we have next to consider them in action, as the Imperial Parliament of the United Kingdom of Great Britain and Ireland, composed of the sovereign and the three estates of the realm,—the lords spiritual, the lords temporal, and commons,—and employed in legislation and government.

The high court of parliament, when assembled and duly

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opened by the king as before described, is endowed with sovereign authority in matters of legislation. The extent of its legislative power cannot be better described than in the words of Blackstone. "It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, revising, and expounding of laws, concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal; this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal. It can regulate or new-model the succession to the crown, as was done in the reigns of Henry VIII. and William III. It can alter the established religion of the land, as was done in a variety of instances, in the reigns of Henry VIII. and his three children. It can change and create afresh even the constitution of the kingdom and of parliament themselves, as was done by the Act of Union, and the several statutes of triennial and septennial elections. It can, in short, do everything that is not naturally impossible; and, therefore, some have not scrupled to call its power by a figure rather too bold,—the omnipotence of parliament." 1

But this description, comprehensive and even verbose as it is, does not include the inquisitorial functions of parliament. These functions comprehend the power of controlling the executive government, by inquiry into its acts and measures; -of interfering with advice and admonition on all occasions. when such acts or measures, or intended acts or measures, are disapproved, or considered to be impolitic, uncalled for, defective, insufficient, or unsuitable, and of requiring them to be modified, altered, amended, or abandoned,-of regu

1 Blackstone's Commentaries, vol. i. cap. 2, p. 161. Blackstone pub. lished his work in 1765. We may infer that parliamentary government had attracted no peculiar attention at that time.

PUBLIC AND PRIVATE LEGISLATION.

CH. IV.] 483 lating the expenditure of the nation, the extent of its civil and military establishments, and the sources from which the revenue is to be derived for carrrying on the government and national affairs, and of requiring the crown to remove from its councils ministers disapproved by parliament. These important functions have been gradually acquired and moulded into a system, known as Parliamentary Government.

We shall consider the legislative and inquisitorial functions separately.

The business of legislation is twofold,―public and private ; the one concerns the nation, the other, private persons. The general system of procedure in both houses is very similar, as regards both public and private legislation. Its chief feature is the establishment of successive stages, at certain intervals, contrived to give opportunities for deliberation, for opposition, for reconsideration, for bringing forward petitions by the people, and for debate on the principle and details of the measure; at each of which stages the measure may be brought to the test of a majority of votes. These stages are regulated by the standing orders of the respective houses. Sometimes, in matters which are, as it were, carried by acclamation, the standing orders which regulate legislation are dispensed with by a vote of the house; but on all other occasions, they are strictly adhered to; and they are approved as affording security against hasty, unjust, or ignorant legislation; although they often put it in the power of a minority to delay, and sometimes to defeat a measure by motions and divisions at every stage. In private legislation there are preliminary proceedings, arranged so as to give the fullest notice and protection to private individuals whose property or private rights are proposed to be taken by companies, or corporations, or for purposes of public advantage.

The first step in each house is to bring in a bill. In the house of lords any peer may present a bill, and have it laid on the table; but in the commons, the leave of the house must be obtained on motion. The bill, when brought in, is

read a first time without opposition. Sometimes, in important and complicated matters, the bill is preceded by resolutions embodying the principles of the proposed law, which are submitted to the house for approval or alteration; and when the resolutions have been voted, leave is given to bring in a bill in accordance with them. Bills relating to general legislation may originate in either house; but money bills, or bills which impose taxation-which fix a pecuniary charge on the people in any shape-or which guarantee a loan,must be commenced in the house of commons; and even there money bills cannot be introduced unless preceded and authorized by the resolution of a committee of the whole house. So also no bill relating to religion or trade, or the alteration of the laws concerning religion or trade, can be brought into the house of commons until the proposition shall have been first considered in a committee of the whole house, or agreed to by the house.1 Bills, when brought in, are printed, and circulated amongst the members.

The second reading follows, upon a day named by the house for the purpose. That is the most important stage of the bill. Its principle is then debated, and the strength of the opposition, when a bill is not approved, is then brought to bear against it. If carried through that stage, the principle is considered to be admitted, and as not to be directly questioned in the future stages. There are three modes of rejecting a measure on the second reading. An opponent may move the previous question; he may propose to adjourn the second reading to a distant or impossible day; or he may move a direct vote against the motion for the second reading. The previous question implies that the measure is illtimed; the postponement, or rejection, condemns the principle of the bill. In the second reading, and on all occasions except when the house is in committee, a member is restricted to one speech, except the proposer of the motion, who is allowed to speak in reply.

The committal of the bill is the next stage; it may be 1 Standing Orders, 9th and 30th of April, 1772.

CH. IV.]

IN LEGISLATION.

485 committed to a committee of the whole house, or, by a special vote, to a select committee. In the former, the LordChancellor, in the lords,-and the Speaker, in the commons, relinquish their chairs in favour of the chairman of committees, who presides; and when the house is in committee the members are not restricted to one speech, as on the second reading, and other stages; nor is it necessary that a motion should be seconded.1 On the motion "that the Speaker do now leave the chair," for the purpose of entering into committee, a motion may be made that the house resolve itself into committee this day three months; which, if carried, would have the effect of defeating the bill. In committee the clauses of the bill are severally submitted for approval; and amendments may be moved; any which are not acceded to by the managers of the bill being decided by a division of the committee. If a bill is not completed at one sitting, the chairman reports progress; that is, reports to the house how far the committee have proceeded, and “asks leave to sit again."

When the bill has been carried through the committee, the chairman reports it, with its amendments, to the house, and on the bringing up of the report an opportunity is again. afforded for discussion, on the question whether the amendments shall be agreed to or rejected. If partially agreed to, or modified, or if new amendments be proposed and carried, the bill is recommitted, in order that the amendments, as altered, may be submitted to the committee of the house. If the amendments make it necessary, the bill is reprinted as amended.

The third reading is the next stage, when the entire measure is brought before the house for final consideration. But even at this stage amendments may be moved, and if

1 In a committee of the house of lords, the lord-chancellor leaves the woolsack, and the chairman of committees presides in his stead, sitting at the clerk's table. In the house of commons, the Speaker leaves the chair, and the chairman of committees presides at the table, under which the mace is placed by the serjeant-at-arms.

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