PARLIAMENT. The parliament is the legislative branch of the supreme power of Great Britain, consisting of the King, the Lords spiritual and temporal, and the Knights, citizens, and Burgesses, representatives of the Commons of the Realm, in Parliament assembled.
The power and jurisdiction of Parlia ment is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds.
The Parliament must be summoned by the King, and not by authority of either house, at least forty days before it sits, although the Convention Parliament (the house of Commons), from necessity, was summoned by the Keepers of the Liber ty of England, by authority of Parlia ment. It cannot begin without the King in person, or by representation. The principal privileges of Parliament are the privilege of speech, which is essential to its existence, and to which there are no exceptions, except in some precedents of information filed for using free language during the reign of the second Charles, which it is to be hoped will never be drawn into authority, and the privilege of person from arrest and imprisonment for debt. This privilege lasts for forty days after the prorogation of the Parlia ment, and forty days previous to its meet ing. But all' other privileges, derogating from the common laws and matters of civil right, are abolished by several sta tutes; and by 4 George III. c. 33, a trader, being a Member of Parliament, may be served with legal process for any just debt to the amount of one hundred pounds, and unless he makes satisfaction within two months, it shall be an act of bankruptcy. Vide statutes 12 William III. c. 3 ; 2 and 3 Ann, c. 18 ; 11 George II. c.
24. Statute 10 George III. c. 50; 4 George Hi. c. 33.
It is one of the privileges of the Peers to be entitled to vote by proxy, and also to enter a protest against any bill to which they may dissent. But all money bills must commence with the Commons ; and it is now the custom, if any altera tion is made by the Lords in a money bill, for the commons to reject it and bring in another, even though the new bill should contain the regulation pro posed by the Lords.
The House of Commons is a denomi nation given to the lower house of Parlia ment. In a free state, every man who is supposed a free agent, ought to be in some measure his own governor, and therefore a branch at least of the legisla tive power should reside in the whole body of the people. In elections for re presentatives for Great Britain, ancient ly, all the people had votes ; but King Henry VI. to avoid tumults, first appoint ed that none should vote for knights but such as were freeholders, did reside in the county, and had forty shillings year ly revenue. In so large a state as ours, therefore, it is very wisely contrived that the people should do that by their re presentatives, which it is impracticable to perform in person ; representatives chosen by a number of minute and se parate districts, wherein all the voters are, or may be, easily distinguished. The coun ties are therefore represented by knights, elected by the proprietors of lands ; the cities and boroughs are represented by citizens and burgesses, chosen by the mercantile, or supposed trading interest of the nation.
The peculiar laws and customs of the House of Commons, relate principally to the raising of taxes, and the elections of members to serve in Parliament.
The method of making laws is nearly the same in both houses. In the House of Commons, in order to bring in the bill, if the relief sought be of a private nature, it is first necessary to prefer a petition, which must be presented by a member, and usually sets forth a grievance required to be remedied. This petition, when founded on facts of a disputable nature, is referred to a committee of members, who examine the matter al leged, and accordingly report it to the house ; and then (or otherwise upon the mere petition), leave is given to bring in the bill. In public matters, the bill is broueht in anon motion made to the house, without any petition. If the bill begin in the House of Lords, if of a pri vate nature, it is referred to two judges, to make report. After the second read ing, the bill is said to be committed, that is, referred to a committee, which is se lected by the house, in matters of small importance ; or, upon a bill of conse quence, the house resolves itself into a committee of the whole house ; a com mittee of the whole house is composed of every member, and to form it the Speaker quits the chair, and may conse quently sit and debate upon the merits of it as a private member, another mem ber being appointed chairman for the time. In these committees the bill is usually debated clause by clause, amend ments made, and sometimes it is entirely new modelled. Upon the third reading, further amendments are sometimes made, and if a new clause be added, it is done by tacking a separate piece of parchment on the bill, which is called a rider. The royal assent may be given two ways. 1. In person, when the King comes to the House of Peers, in his crown and royal robes, and sending for the Commons to the bar, the titles of all the bills that have passed both houses are read, and the King's answer is declared by the clerk of the Parliament. if the King consent to a public bill, the clerk usual ly declares, le Roy le vent, the King wills it so to be ; if to a private bill, sat fait comae it est desire, be it as it is desired. if the King refuse his assent, it is in the gentle language of le Roy s'avisera, the King will advise upon it. When a bill of supply is passed, it is carried up and pre sented to the King by the Speaker of the House of Commons, and the royal assent is thus expressed, le Roy reinercie ses loyal eujets, accepte leer benevolence, et aussi le vent, the King thanks his loyal subjects, accepts their benevolence, and also wills it so to be. By the statute 33 Henry VIII. c. 21, the King may give his assent by letters patent under his great seal, signed with his hand, and notified in his absence to both houses assembled to gether in the upper house. And when the bill has received the royal assent in either of these ways, it is then, and not before, a statute or act of parliament.