Page:Encyclopædia Britannica, Ninth Edition, v. 18.djvu/335

PARLIAMENT 313 Both Houses approach the crown, sometimes by joint addresses, but usually by separate addresses from each House. Such addresses are presented to Her Majesty, either by the whole House, or by the lords with white staves in one House and by privy councillors in the other. Her Majesty answers, in person, addresses presented by the whole_ House ; but, when presented otherwise, an answer is brought by one of the lords with white staves, or by one of the privy councillors, by whom the address has been presented. Re solutions of either House are also sometimes directed to be laid before Her Majesty ; and messages of congratulation or condolence are sent to other members of the royal family. The Passing of Public Bills. The passing of bills forms the most considerable part of the business of parliament ; but a brief notice will suffice to explain the methods of procedure. These are substantially the same in both Houses ; but the privileges of the Commons, in regard to supply and taxation, require that all bills imposing a charge upon the people should originate in that House. On the other hand, the Lords claim that bills for restoration of honours or in blood, or relating to their own privileges and juris diction, should commence in their House. An act of grace, or general pardon, originates with the crown, and is read once only in both Houses. Bills are divided into public and private ; but here the former only are referred to. In the Lords any peer is entitled to present a bill, but in the Commons a member is required to obtain the previous leave of the House to bring in the bill ; and, in the case of bills relating to religion, trade, grants of public money, or charges upon the subject, a preliminary committee is necessary before such leave will be given. A bill, when presented, is read a first time, and ordered to be printed ; and a day is appointed for the second reading. At this latter stage, the prin ciple of the bill is discussed ; and, if disapproved of by an adverse vote, the bill is lost and cannot be renewed during the same session. If approved of, it is usually committed to a committee of the whole House, where every provision is open to debate and amendment. When the bill has been fully considered it is reported to the House, with or without amendments, and is ready to pass through its remaining stages. Sometimes, however, the bill is re ferred to a select committee before it is committed to a committee of the whole House. By recent standing orders of the Commons, bills relating to law and courts of justice and to trade may be committed to standing committees, specially constituted, instead of to a committee of the whole House. When a bill has been reported from a committee of the whole House, or from a standing committee, with amendments, the bill, as amended, is ordered to be considered on a future day, when further amendments may be made, or the bill may be recom mitted. The next and last stage is the third reading, when the principle of the measure, and its amended provisions, are open to review. Even at this stage the bill may be lost ; but if the third reading be agreed to, it is at once passed and sent to the other House. There it is open to the like discussions and amendments, and may be rejected. If returned without amendment, the bill merely awaits the royal assent ; but if returned with amendments, such amendments- must be agreed to, or otherwise adjusted, by mutual concessions, by the two Houses, before it can be submitted for the royal assent ; and in case of ultimate disagreement the bill is lost. The royal assent consummates the work of legislation, and converts the bill into an Act of Parliament. Petitions. Both Houses are approached by the people by means of petitions, of which prodigious numbers are presented to the House of Commons every session. They are referred to the com mittee on public petitions, under whose directions they are classified, analysed, and the number of signatures counted ; and, when neces sary, the petitions are printed in cxtenso. Parliamentary Papers. Another source of information is found in parliamentary papers. These are of various kinds. The greater part are obtained either by a direct order of the House itself, or by an address to the crown for documents relating to matters in which the prerogatives of the crown are concerned. Other papers, relating to foreign and colonial affairs and other public matters, are presented to both Houses by command of Her Majesty. Again, many papers are annually presented, in pursuance of Acts of Parliament. In the House of Commons, these various printed documents occupy from eighty to one hundred volumes every year. The Granting of Supplies. The exclusive right of the Commons to grant supplies, and to originate all measures of taxation, imposes a very onerous service upon that House. This is mainly performed by two committees of the whole House, the Committee of Supply, and the Committee of Ways and Means. The former deals with all the estimates for the public service presented to the House by command of Her Majesty ; and the latter votes out of the Consoli dated Fund such sums as are necessary to meet the supplies already granted, and originates all taxes for the service of the year. It is here that the annual financial statement of the chancellor of the exchequer, commonly known as "the Budget," is delivered. The resolutions of these committees are reported to the House, and, when agreed to, form the foundation of bills, to be passed by both Houses, and submitted for the royal assent ; and towards the close of the session an Appropriation Act is passed, applying all the grants for the service of the year. Elections. The extensive jurisdiction of the Commons in matters of election, already referred to, formerly occupied a considerable share of their time, but its exercise lias now been contracted within narrow limits. Whenever a vacancy occurs during the conti7iu- ance of a parliament, a warrant for a new writ is issued by the Speaker, by order of the House during the session, and in pursuance of statutes during the recess. The causes of vacancies are the death of a member, his being called to the House of Peers, his acceptance of an office from the crown, or his bankruptcy. When any doubt arises as to the issue of a writ, it is usual to appoint a committee to inquire into the circumstances of the case ; and during the recess the Speaker may reserve doubtful cases for the determi nation of the House. Controverted elections had been originally tried by select com mittees, afterwards by the committee of privileges and elections, and ultimately by the whole House, with scandalous partiality, but under the Grenville Act of 1770, and other later Acts, by select committees, so constituted as to form a more judicial tribunaL The influence of party bias, however, too obviously prevailed until 1839, when Sir liobert Peel introduced an improved system of nomination, which distinctly raised the character of election committees ; but a tribunal constituted of political partisans, how ever chosen, was still open to jealousy and suspicion, and at length, in 1868, the trial of election petitions was transferred to judges of the superior courts, to whose determination the House gives effect, by the issue of new writs, or otherwise. The House, however, still retains and exercises its jurisdiction in all cases not relegated, by statute, to the judges. Impeachments and Trial of Peers. Other forms of parliamentary judicature still remain to be mentioned. Upon impeachments by the Commons, the Lords exercise the highest criminal judicature known to the law ; but the occasions upon which it has been brought into action have been so rare, in modern times, that its procedure need not be dwelt upon. Another judicature is that of the trial of peers by the House of Lords. And, lastly, by a bill of attainder, the entire parliament is called to sit in judgment upon offenders. Private Bill Legislation. One other important function of parliament remains to be noticed, that of private bill legislation. Here the duties of parliament are partly legislative and partly judicial. Public interests are promoted, and private rights secured. The vast industrial undertakings of the country canals, docks, harbours, railways, waterworks, and the lighting and improvement of towns have thus been sanctioned, at a cost far exceeding the amount of the national debt, while the rights of property have been jealously guarded. This whole jurisdiction has been regulated by special standing orders, and by elaborate arrangements for the nomination of capable and impartial committees. A prodigious legislative work has been accomplished, but under conditions most costly to the promoters and opponents of private bills, and involving a serious addition to the onerous labours of members of parliament. Means have already been found, by general Acts and provisional orders, to lighten the pressure of private bill legisla tion ; and further expedients will, doubtless, be devised for the relief of parliament from a branch of business which is scarcely compatible with the engagements of members in the weightier affairs of state. Varied Functions of Parliament. Such are the vast and varied functions of the imperial parliament, to legislate for an empire, to control the executive government, to hear the complaints of the people, and to redress their grievances. To be equal to its high jurisdiction, it needs the guidance of accomplished statesmen, wisdom and patriotism in its members, and an organization which shall make fruitful the talents, the practical knowledge and experi ence, of the ablest men of their generation. Its history is bright with records of eloquence, of statesmanship, of wise legislation, and of generous sympathy with the people ; and that its future great ness may be worthy of its past glories is the earnest hope of every good citizen. Literature. See Rolls of Parliament, and Journals of both Houses; Parlia mentary Hist..; Hansard, Par!. Hist., and Debates ; Gray, Debates ; Cavendish, Debates; Wilkins, Leges Anglo-Sax. ; Kemble, The Saxons in England; Tumer, History of the Anglo-Saxons, and Hist, of England during the Middle Ages ; Sir F. Palgrave, English Commonwealth; Id., Hist, of Normandy and of England; Id., Parliamentary Writs ; Stubbs, Const. History of England; Holingslied, Chron. Selden, Titles of Honour; Ruffhead, Preface to Stat^ttes; Cotton, Abridgment (Preface); Parry, Parliaments and Councils of England; Reports of Lords Com mittee on the Dignity of the Peerage; Coke, Institutes; Lord Hale, History of the Common Law, Jurisdiction of the Lords ; Lord Lyttelton, Hist, of Henry ][. , D Ewes, Journals of Queen Elizabeth; Elsynge, Manner of holding Parliaments ; Hakewel, Modus Tenendi Parliamentum ; Barrington, On the Statutes ; Mador, Hist, of the Exchequer; Blackstone, Comm.; Lord Colcbester, Diary; Hallam, Midd e Ages, and Constitutional History of England; Hatsell, Precedents; Sir T. Erskine May, Law and Usage of Parliainnit ; Id., Const. Hist, of England; Id., Democracy in Europe, a History (vol. ii.); Rules, Orders, and Forms of Proceeding- of the House of Commons; Freeman, Growth of the English Constitution, and The Norman Cont/veft of England Green, History of the English People ; Bugeliot, The English Constitution. (T. E. M.) XVIII. 40