Parliament Of England

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Legislature of England, c. 1236 to 1707

This is about the Parliament that functioned from roughly 1236 until 1707. For any hypothetical new English parliament, look at Devolved English parliament. For the one that exists now, that's the Parliament of the United Kingdom. Don't confuse them.

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Parliament of England

Royal coat of arms of England, pre-1340

Type Unicameral (c. 1236 [1] –1341 / 1649–1657) Bicameral (1341–1649 / 1657–1707)

Houses

Upper house: House of Lords (1341–1649 / 1660–1707) House of Peers (1657–1660)
Lower house: House of Commons (1341–1707)

History

Established: c. 1236 [1]
Disbanded: May 1, 1707 (318 years ago)

Preceded by Curia regis Succeeded by Parliament of Great Britain

Leadership

Lord Keeper of the Great Seal: The 1st Baron Cowper (since 1705)
Speaker of the House of Commons: John Smith (since 1705)

Structure House of Commons political groups (Final composition of the English House of Commons, 1707): 513 Seats

Tories: 260 seats
Whigs: 233 seats
Unclassified: 20 seats

Elections

House of Lords: Ennoblement by the Sovereign or inheritance of an English peerage.
House of Commons: First past the post with limited suffrage.

Meeting place Palace of Westminster, Westminster, Middlesex

The Parliament of England. It was the legislature for the Kingdom of England for centuries, from the 13th century right up until 1707. Then, poof, it became the Parliament of Great Britain. It didn't just spring into existence fully formed, you know. It grew out of the king's ‘great council’ – a rather grand term for a bunch of bishops and peers who were expected to offer advice. These assemblies started being called Parliaments during the reign of Henry III. By then, the king couldn't just conjure up taxes out of thin air; he needed Parliament's permission.

It started as a single chamber, unicameral if you want to be technical. But then, it split. The House of Lords and the House of Commons – the one with the knights of the shire and the burgesses. During Henry IV's time, Parliament wasn't just about taxes anymore. It gained the right to petition, which meant people could actually complain about things back home. And those people, the citizens, they got to vote for their representatives, the burgesses.

Over time, this Parliament chipped away at the king's power. A process that, arguably, reached its dramatic conclusion with the English Civil War and the rather grim business of the High Court of Justice for the trial of Charles I.

Predecessors (pre-13th century)

Before Parliament as we know it, there were the assemblies of the 10th century. The kings of England called together the witan, or 'wise men' – the magnates and the clergy. These weren't casual get-togethers; they were held regularly, around Christmas, Easter, and Whitsun. It was a way for the king to stay connected with the influential men scattered across his realm. These assemblies were where Anglo-Saxon law codes were hammered out and crucial decisions, like going to war or making peace, were made. They even conducted state trials, like the one for Earl Godwin in 1051. Not elected, no. But they spoke for all of England, in a way – virtual representation, if you must. They negotiated with kings like Aethelred the Unready and Cnut the Great, acknowledging them as rulers. [2] [3]

Then came the Norman Conquest in 1066. The king still had his council, the curia regis (that’s 'royal court' in Latin). But for bigger national matters, he’d summon a magnum concilium – a 'great council'. This was where national business was discussed and laws were published. The Domesday survey was conceived at a Christmas council in 1085, and the Constitutions of Clarendon were a product of the 1164 council. State trials, like the one involving Thomas Becket, also happened here. [4] [5]

The attendees of these great councils were the king's tenants-in-chief. The big players – archbishops, bishops, abbots, earls, and barons – received individual summonses. The lesser ones? They were called by the sheriffs. [7] These weren't democratic gatherings, mind you. They were feudal councils, where barons fulfilled their obligation to offer counsel to their lord. The king consulted his top subjects, but rarely did it change his mind. Historian Judith Green noted these assemblies were "more concerned with ratification and publicity than with debate". [9] Crucially, the magnum concilium had no say in taxation. The king could levy direct land taxes like geld (until 1162) or carucage (briefly, 1194–1224) whenever he pleased. [10] [11]

The period between 1189 and 1215 was a turning point. The Crown’s financial demands, driven by the Third Crusade, the ransom of Richard I, and the ongoing Anglo-French wars between the Plantagenet and Capetian dynasties, put a strain on things. In 1188, a significant precedent was set when the great council granted Henry II the Saladin tithe. In doing so, they were acting as representatives for all taxpayers. [10]

The need for consent to national taxes became politically unavoidable. It was convenient for kings to portray the great council as representative, capable of agreeing to taxes on behalf of the entire kingdom. The concept of the 'communitas regni' – the 'community of the realm' – emerged, with barons seen as its natural voice. This, of course, led to more friction between kings and the baronage as they tried to protect what they saw as the rights of the king's subjects. [12]

King John managed to alienate the barons through his biased justice, excessive financial demands, and abuse of feudal rights like reliefs and aids. In 1215, the barons forced him to accept a charter of liberties, a precursor to the more famous one. This was Magna Carta – the 'Great Charter'. It was built on three core ideas that would shape Parliament's future: [14]

The king was bound by the law.
The king needed the consent of the 'community of the realm' to make laws and levy taxes (beyond customary feudal dues).
Subject's obedience to the king was conditional, not absolute.

Clause 12 of Magna Carta stated that certain taxes required "the common counsel of our kingdom," and clause 14 specified this counsel should come from bishops, earls, and barons. [15] Although this clause was removed in later versions, the principle persisted. [16] Magna Carta would eventually become fundamental law. [17]

13th century

The word "parliament" itself comes from the French 'parlement', meaning 'to parley' or 'conversation'. [18] By the mid-1230s, it was the standard term for meetings of the great council. [19] The word first appeared in this context in 1236. [20]

Across north-western Europe in the 13th century, parliaments were developing. As a vassal to the French king, English kings were also subject to the Parlement of Paris. In the 13th century, the French and English parliaments were functionally similar, but they would diverge significantly later. [21]

After the 1230s, Parliament usually convened at Westminster. They tended to meet according to the legal year, aligning with court sessions: January/February for Hilary term, April/May for Easter term, July, and October for Michaelmas term. [22]

Attendance

Most parliaments had between forty and eighty attendees. [23] They brought together social classes that mirrored the estates of the realm found elsewhere in Europe: the landowning aristocracy (barons and knights), the clergy, and the townspeople. Historian John Maddicott points out that the primary division wasn't necessarily between lords and commons, but "between the landed and all others, lower clergy as well as burgesses". [24] Every parliament included: [1] [25]

The king.
Chief ministers and other officials (great officers of state, justices of the King's Bench and Common Bench, and barons of the exchequer).
Members of the king's council.
Ecclesiastical magnates (archbishops, bishops, abbots, priors).
Lay magnates (earls and barons). [b]

The lower clergy (deans, cathedral priors, archdeacons, parish priests) were sometimes summoned, particularly when papal taxation was on the agenda. From around the 1220s, the idea of representation, rooted in the Roman law maxim quod omnes tangit ab omnibus approbetur ('what touches all should be approved by all'), gained traction among the clergy. They began electing proctors to represent them at church assemblies and, when summoned, at Parliament. [27]

As feudalism waned and the gentry and merchant classes grew in importance, the shires and boroughs were recognized as communes (Latin communitas) with a unified constituency, represented by knights of the shire and burgesses. Initially, these representatives were summoned only when new taxes were proposed, so they could report back home that the taxes had been lawfully granted. [28] [29] The Commons weren't regularly summoned until the 1290s, [30] following the so-called Model Parliament of 1295. Out of the thirty parliaments held between 1274 and 1294, knights only attended four, and burgesses only two. [31]

Specialists could be called to Parliament for expert advice. For instance, Roman law experts were summoned from Cambridge and Oxford to the Norham parliament in 1291 to advise on the contentious Scottish succession. At the Bury St Edmunds parliament in 1296, burgesses "who best know how to plan and lay out a certain new town" were consulted regarding the rebuilding of Berwick after its capture. [32]

Early functions and powers

Parliament, or the High Court of Parliament as it came to be known, was England's supreme court. A significant portion of its work involved judicial matters referred to it by ministers, judges, and other government officials. [33] Many petitions were submitted by individuals whose grievances couldn't be resolved through the usual administrative or judicial channels. [34] As the volume of petitions grew, they were increasingly directed to specific departments (chancery, exchequer, the courts), allowing the king's council to focus on the most pressing issues. Parliament effectively became "a delivery point and a sorting house for petitions". [35] From 1290 to 1307, Gilbert of Rothbury was responsible for organizing parliamentary business and record-keeping—essentially a clerk of the parliaments. [36]

Kings could legislate outside of Parliament through administrative orders, such as letters patent or letters close drafted by the king's council, and through writs issued by the chancery in response to specific court cases. [37] However, Parliament could also be used to formally enact legislation. Parliament's legislative role was largely passive; the king and council, particularly the judges on the council, did the actual law-making, drafting statutes. [38] These completed laws were then presented to Parliament for ratification. [39]

Kings relied on Parliament to fund their military ventures. [40] Building on Magna Carta, Parliament asserted its right to consent to taxation. A pattern emerged where the king would grant concessions (like reaffirming liberties) in exchange for tax grants. [41] Withholding taxation was Parliament's primary leverage in disputes with the king. Nevertheless, the king could still raise smaller amounts of revenue without parliamentary consent, including: [42] [43]

County farms (fixed annual payments by sheriffs for the right to administer and profit from royal lands in their counties).
Profits from the eyre (itinerant royal justices).
Tallage on the royal demesne, towns, foreign merchants, and notably, English Jews.
Scutage (payment in lieu of military service).
Feudal dues and fines.
Profits from wardship (control of underage heirs and their lands), escheat (property reverting to the Crown), and vacant episcopal sees.

Henry III

Henry III (reigned 1216–1272) became king at nine years old, following his father King John's death during the First Barons' War. During his minority, England was governed by a regency that heavily relied on great councils to legitimize its actions. These councils even approved the appointment of royal ministers, an act normally considered a royal prerogative. Historian John Maddicott observed that the "effect of the minority was thus to make the great council an indispensable part of the country's government [and] to give it a degree of independent initiative and authority which central assemblies had never previously possessed". [44]

The regency officially ended when Henry turned sixteen in 1223. The magnates demanded the king reaffirm previous grants of Magna Carta (from 1216 and 1217) to ensure their legality. Simultaneously, the king needed funds to defend his possessions in Poitou and Gascony against French invasion. At a great council in 1225, a deal was struck: Magna Carta and the Charter of the Forest were reissued in return for a tax of one-fifteenth (7%) on movable property. This established a crucial precedent: taxation granted in exchange for the redress of grievances. [45]

Ministers and finances

In 1332, Peter des Roches became the king's chief minister. His nephew, Peter de Rivaux, accumulated numerous offices, including lord keeper of the privy seal and keeper of the wardrobe. However, these appointments lacked the magnates' approval that had become customary during the regency. Under Roches, the government reverted to practices condemned in Magna Carta, such as arbitrary disseisins (seizing land), revoking royal charter rights, dispossessing heirs, and marrying heiresses to foreigners. [46]

Both Roches and Rivaux were foreigners from Poitou. The rise of a royal administration dominated by foreigners, beholden solely to the king, bred resentment among the magnates who felt excluded from power. Several barons rebelled, and the bishops intervened, persuading the king to dismiss his ministers. At a great council in April 1234, the king agreed to remove Rivaux and other ministers. This marked the first instance of a king being forced to change his ministers by a great council or parliament. The struggle between the king and Parliament over ministerial appointments became a recurring theme in English politics. [47]

From then on, the king ruled in conjunction with an active Parliament, which deliberated on foreign policy, taxation, justice, administration, and legislation. The Statute of Merton, passed in January 1236, was the first English statute. It addressed matters like inheritance rights for bastards. Significantly, the preamble described the legislation as "provided" by the magnates and "conceded" by the king, suggesting it wasn't merely a royal decree. [48] [49] In 1237, Henry sought parliamentary consent for a tax to fund his sister Isabella's dowry. While the barons were hesitant, they granted the funds in exchange for the king's promise to reconfirm Magna Carta, add three magnates to his personal council, limit the royal prerogative of purveyance (the king's right to requisition supplies), and protect land tenure rights. [50]

However, Henry insisted that three areas remained exclusively within his royal prerogative: family and inheritance matters, patronage, and appointments. He made significant decisions without consulting Parliament, such as accepting the Kingdom of Sicily throne for his son, Edmund Crouchback, in 1254. [51] He also clashed with Parliament over appointments to the three great offices: chancellor, justiciar, and treasurer. The barons believed these offices should act as checks on royal misgovernment, but the king favoured minor officials in the royal household who owed him sole loyalty. [52]

In 1253, while campaigning in Gascony, Henry requested troops and funds to counter an anticipated attack from Alfonso X of Castile. In a January 1254 Parliament, the bishops pledged support but wouldn't commit the rest of the clergy. Similarly, the barons offered assistance if the king was attacked but wouldn't commit the laity to pay money. [53] For this reason, the lower clergy of each diocese elected proctors at church synods, and each county elected two knights of the shire. These representatives were summoned to Parliament in April 1254 to consent to taxation. [54] The men chosen as shire knights were typically prominent landowners with experience in local government and military service. [55] They were elected by barons, other knights, and likely freeholders of sufficient standing. [56]

Baronial reform movement

By 1258, the king's relationship with the baronage had reached a breaking point, primarily due to the Sicilian business—Henry's promise to settle papal debts in exchange for papal support for his son Edmund's claim to the Sicilian crown. At the Oxford Parliament of 1258, reform-minded barons compelled a reluctant king to accept a framework of governance known as the Provisions of Oxford: [57]

The king was to govern according to the advice of a fifteen-baron council, elected by the barons.
This baronial council would appoint royal ministers (justiciar, treasurer, chancellor) for one-year terms.
Parliament would convene three times annually, on the octave of Michaelmas (October 6), Candlemas (February 3), and June 1.
The barons would elect twelve representatives (two bishops, one earl, and nine barons) who, along with the baronial council, could handle legislation and other matters even when Parliament wasn't in session, forming "a kind of standing parliamentary committee". [58]

Parliament now met regularly on a set schedule, not just at the king's whim. The reformers aimed to ensure all major government actions would receive parliamentary approval. Under the provisions, Parliament was "established formally (and no longer merely by custom) as the voice of the community". [59]

The theme of reform continued in subsequent parliaments. During the Michaelmas Parliament of 1258, the Ordinance of Sheriffs was issued as letters patent, prohibiting sheriffs from accepting bribes. At the Candlemas Parliament of 1259, the baronial council and the twelve representatives enacted the Ordinance of the Magnates, where the barons pledged to uphold Magna Carta and other reform legislation. They also mandated their own officials to adhere to similar rules as royal sheriffs, with the justiciar empowered to address abuses by their agents. The Michaelmas Parliament of 1259 passed the Provisions of Westminster, a set of legal and administrative reforms designed to address grievances of freeholders and even villeins, such as abuses related to the murdrum fine. [60]

Henry III made his first move against the reformers while in France negotiating peace with Louis IX. Citing his absence from the realm and Welsh incursions, Henry instructed the justiciar, Hugh Bigod, to postpone the parliament scheduled for Candlemas 1260. This appeared to violate the Provisions of Oxford, although the provisions were silent on the king's absence. The king's objective was to prevent further reforms from being enacted through Parliament. Simon de Montfort, a leading reformer, defied these orders and planned to convene a parliament in London, but Bigod blocked him. Upon returning to England, the king summoned a parliament in July, where Montfort was put on trial but ultimately acquitted. [61] [62]

In April 1261, the pope released the king from his oath to uphold the Provisions of Oxford, and Henry publicly renounced them in May. Most barons were willing to let the king resume power if he governed justly. By 1262, Henry had regained full authority, and Montfort left England. The barons became divided, largely by age. The older barons remained loyal to the king, while younger barons rallied around Montfort, who returned to England in the spring of 1263. [63]

Montfortian parliaments

The Second Barons' War (1264-1267) saw conflict between royalist and rebel barons. Montfort defeated the king at the Battle of Lewes in 1264, effectively ruling England for the next year. Montfort convened a parliament in June 1264 to ratify a new governmental structure and garner support. This parliament was notable for including knights of the shire, who were expected to engage in full deliberation on political matters, not just assent to taxation. [64]

The June Parliament approved a new constitution that transferred the king's powers to a council of nine. This council was chosen and overseen by three electors (Montfort, Stephen Bersted, bishop of Chichester, and Gilbert de Clare, earl of Gloucester). The electors could replace any of the nine at will, but they themselves could only be removed by Parliament. [64] [65]

Montfort held two other Parliaments during his rule. The most significant—Simon de Montfort's Parliament—convened in January 1265 amid threats of French invasion and widespread unrest. For the first time, burgesses (elected by residents of boroughs or towns who held burgage tenure, such as wealthy merchants or artisans) [66] were summoned alongside knights of the shire. [67]

Montfort was killed at the Battle of Evesham in 1265, and Henry was restored to power. In August 1266, Parliament authorized the Dictum of Kenilworth, which nullified Montfort's actions and removed all constraints on the king. [68] In 1267, some of the reforms from the 1259 Provisions of Westminster were re-enacted as the Statute of Marlborough. This marked the beginning of a statutory reform process that continued into the reign of Henry's successor. [69]

Edward I

A 16th-century depiction of the Parliament of King Edward I. The lords spiritual are seated to the king's right, the lords temporal to his left, and in the centre sit the justices and law officers.

Edward I (reigned 1272–1307) learned from his father's reign the value of Parliament in building consensus and consolidating royal authority. [70] Parliaments were held regularly, typically twice a year: at Easter in the spring and after Michaelmas in the autumn. [71]

Under Edward, the first significant statutes amending the common law were enacted in Parliament: [32] [72]

Statute of Westminster I (1275)
Statute of Gloucester (1278)
Statute of Mortmain (1279)
Statute of Westminster II (1285)
Statute of Winchester (1285)
Statute Quia Emptores (1290)
Statute Quo Warranto (1290)

The first Statute of Westminster mandated free elections free from intimidation. This was accompanied by a tax on England's wool trade—a half-mark (6s 8d) per sack of wool exported. Known as the magna et antiqua custuma ('great and ancient custom'), this tax was granted to Edward and his heirs, becoming a permanent part of the Crown's revenue until the 17th century. [73] [74]

Model Parliament of 1295

In 1294, Philip IV of France attempted to reclaim Aquitaine in the Gascon War. Edward's urgent need for funds led him to take arbitrary measures, including seizing merchants' wool, which was only released upon payment of the unpopular maltolt—a tax never sanctioned by Parliament. Church wealth was also seized, and the clergy were pressured to contribute half their revenues, eventually agreeing to a smaller sum. Over the next few years, parliaments approved new taxes, but they were insufficient to fund the suppression of a Welsh rebellion and the First War of Scottish Independence. [75]

This financial pressure led to the convening of what became known as the Model Parliament in November 1295. In addition to the summoned earls and barons, sheriffs were instructed to send two elected knights from each shire and two elected burgesses from each borough. While Commons members had attended earlier parliaments, their role was limited to assenting to decisions made by the magnates. In the Model Parliament, the writ of summons empowered shire knights and burgesses to provide both counsel and consent. [76]

Crisis of 1297

By 1296, Edward's efforts to recover Gascony had generated resentment among the clergy, merchants, and magnates. At the Bury St Edmunds parliament in 1296, the lay magnates and Commons agreed to a tax on movable property. The clergy refused, citing the papal bull Clericis Laicos, which prohibited secular rulers from taxing the church without papal consent. In January 1297, a convocation of the clergy met at St Paul's but could not find a way to pay the tax without violating the papal bull. [77] In retaliation, the King outlawed the clergy and confiscated clerical property on January 30. On February 10, Robert Winchelsey, archbishop of Canterbury, responded by excommunicating anyone acting against Clericis Laicos. [78] Some clergy paid a fine equivalent to the requested tax for the return of their property. [77]

At the Salisbury parliament in March 1297, Edward outlined his plans for recovering Gascony, involving a two-front attack: the King would lead an expedition to Flanders, while other barons would go to Gascony. Roger Bigod, marshal and earl of Norfolk, and Humphrey Bohun, constable and earl of Hereford—the kingdom's most prominent noblemen—opposed this. They argued their feudal obligation was to serve the king in foreign lands only if the king himself was present, thus refusing to go to Gascony without him. Supported by around 30 barons, their protest ended the parliament without a decision. Following the parliament's adjournment, Edward ordered the seizure of wool [79] (see prise) and the collection of a new maltolt.

In July 1297, a writ declared that "the earls, barons, knights, and other laity of our realm" had granted a tax on moveables. However, this grant was not made by Parliament but by an informal gathering "standing around in [the king's] chamber". [80] Norfolk and Hereford compiled a list of grievances known as the Remonstrances, criticizing the king's demands for military service and heavy taxes, particularly the arbitrary nature of the maltolt and prises. [81]

Edward pledged to address these grievances upon his return from Flanders. However, most knights summoned for the campaign remained home, and the King departed with only a hundred knights. [82] Before Edward's departure, Norfolk and Hereford formally protested at the exchequer that the irregular tax "was never granted by them or the community" and declared they would not pay it. [83] Edward authorized its collection but promised it would not set a precedent. He then set sail, leaving behind a kingdom on the brink of civil war. [82]

The outbreak of the First War of Scottish Independence forced both the king and his opponents to reconcile their differences. At the October 1297 parliament, the council agreed to concessions in the king's absence. In exchange for a new tax, the Confirmatio Cartarum reconfirmed Magna Carta, abolished the maltolt, and formally established that "aids, mises, and prises" required parliamentary consent. [84] [85]

Later reign

Edward soon reneged on the agreements of 1297, and his relationship with Parliament remained strained throughout his reign as he continued to seek funds for the Scottish war. At the March 1300 parliament, the king was compelled to agree to the Articuli Super Cartas, granting further concessions to his subjects. [86]

At the Lincoln parliament of 1301, the King heard complaints that the charters were not being upheld and demands for the dismissal of his chief minister, the treasurer Walter Langton. Petitions for the appointment of ministers by "common consent" [ This quote needs a citation ] were voiced for the first time since Henry III's death. Edward angrily refused, stating that every other magnate in England had the power "to arrange his household, to appoint bailiffs and stewards" [ This quote needs a citation ] without external interference, though he did offer to rectify any wrongs committed by his officials. [87] Notably, the petition on behalf of "the prelates and leading men of the kingdom acting for the whole community" [ This quote needs a citation ] was presented by Henry de Keighley, knight for Lancashire, indicating the growing influence of knights in Parliament. [88]

The final four parliaments of Edward's reign were less contentious. With Scotland largely subdued and royal finances improved, opposition to royal policies diminished. The parliament of February 1305 considered several petitions, including those concerning crime, leading Edward to issue the trailbaston ordinance. The state trial of Nicholas Seagrave also took place during this parliament. Harmonious relations between the king and Parliament continued even after December 1305, when Pope Clement V absolved the King from his oath to uphold Confirmatio Cartarum. The last parliament of the reign convened at Carlisle in 1307. It approved the marriage of the King's son to Isabella of France and ratified legislation targeting papal provisions and papal taxation. [89]

Edward II (1307–1327)

One of the pivotal moments in the development of Parliament as a distinct institution was the deposition of Edward II in January 1327. Whether Edward II was deposed in parliament or by parliament remains debated, but this significant event solidified Parliament's importance within England's unwritten constitution. Parliament also played a crucial role in legitimizing the king who succeeded Edward II: his son Edward III.

Edward III (1327–1377)

Between 1352 and 1396, the House of Commons convened in the chapter house of Westminster Abbey. [90]

Under Edward III, Parliament's authority expanded significantly. It became established that no law could be enacted, nor any tax levied, without the consent of both Houses and the Sovereign. This development was largely driven by Edward's involvement in the Hundred Years' War and his consequent need for finances. Despite his efforts to circumvent Parliament when possible, this power structure solidified during his reign.

The Commons grew increasingly assertive during this period. During the Good Parliament of 1376, the Speaker of the lower chamber, Peter de la Mare, protested against heavy taxes, demanded an accounting of royal expenditures, and criticized the king's military leadership. The Commons even initiated impeachments against some of the king's ministers. The Speaker was subsequently imprisoned but released shortly after Edward III's death.

Richard II (1377–1399)

During the reign of Richard II, the Commons continued to impeach ministers accused of misconduct. They asserted their authority not only over taxation but also over public expenditure. Despite these gains in power, the Commons remained considerably less influential than the House of Lords and the Crown.

15th century

This era saw the introduction of a franchise that restricted the electorate for the House of Commons. From 1430 onwards, the right to vote for knights of the shire in county constituencies was limited to [forty-shilling freeholders]—men who possessed freehold property valued at forty shillings (two pounds) or more annually. Parliament legislated this new uniform county franchise in the statute 8 Hen. 6. c. 7. The Chronological Table of the Statutes does not explicitly list a 1430 law, as it was incorporated into the Consolidated Statutes as a recital within the Electors of Knights of the Shire Act 1432 (10 Hen. 6. c. 2). This 1432 act amended and re-enacted the 1430 law to clarify that voters must be residents of the county and possess a forty-shilling freehold within that county.

Tudor era (1485–1603)

Queen Elizabeth I presiding over Parliament, c. 1580–c. 1600

The modern structure of the English Parliament is often considered to have taken shape during the reign of the Tudor monarchs. The Tudor monarchy was powerful, and Parliament was not always in session for extended periods. However, the Tudors recognized the necessity of Parliament for legitimizing their decisions, particularly for raising funds through taxation without causing widespread discontent. Consequently, they maintained the practice of summoning and dissolving Parliament as needed. If Parliament was not called for several years, it indicated that the monarch did not require its consent, except perhaps to solidify and mandate reforms, especially concerning religion—a matter historically within the Crown's prerogative but requiring the assent of the Bishopric and Commons.

By the coronation of Henry VII in 1485, the monarch was no longer a member of either the Upper or Lower Chamber. Monarchs had to communicate their wishes to Parliament through their supporters in both houses. Proceedings were managed by the presiding officer in each chamber.

From the 1540s, the presiding officer in the House of Commons became formally known as the Speaker. Prior to this, the role was referred to as prolocutor or parlour, a semi-official position, often nominated by the monarch, which had existed since Peter de Montfort served as presiding officer of the Oxford Parliament of 1258. This was not a desirable position. When the House of Commons was displeased, the Speaker was tasked with delivering this news to the monarch. This practice led to the tradition where the Speaker of the House of Commons is ceremonially dragged to the Speaker's Chair by other members upon election.

A member of either chamber could introduce a bill to Parliament. Bills favored by the monarch were often proposed by members of the Privy Council who held seats in Parliament. For a bill to become law, it required approval from a majority in both Houses before being presented to the monarch for royal assent or veto. The royal veto was exercised several times during the 16th and 17th centuries and remains a prerogative of the monarch of the United Kingdom and Commonwealth realms, although it has not been used since 1707. Such an exercise today could potentially trigger a constitutional crisis. [ citation needed ]

When a bill became law, this process signified the approval of each estate of the realm: the King, Lords, and Commons. The Parliament of England was far from a democratically representative body during this period. It was possible to convene all the peerage and senior clergy to form the Upper Chamber.

The voting franchise for the House of Commons was limited; some historians [ who? ] estimate it represented as little as three percent of the adult male population, and voting was not secret. Elections could thus be influenced by local grandees, as many voters in numerous boroughs were dependent on a powerful individual or could be swayed by money or concessions. If these grandees supported the reigning monarch, it gave the monarch and their ministers considerable influence over parliamentary business.

Many individuals elected to Parliament were reluctant to act in the interests of others. [ citation needed ] Consequently, a law was enacted, still in force today, making it unlawful for Members of the House of Commons to resign their seat unless they were granted a position directly within the monarchy's patronage. (Today, this restriction leads to a legal fiction allowing de facto resignation despite the prohibition, but it remains a resignation requiring the Crown's permission.) However, while many elections during this period would be deemed corrupt by modern standards, numerous contests involved genuine competition between rival candidates, even without a secret ballot.

Establishment of permanent seat

It was during this era that the Palace of Westminster became established as the permanent seat of the English Parliament. In 1548, the House of Commons was granted a regular meeting place, St Stephen's Chapel, by the Crown. This had previously been a royal chapel. It was converted into a debating chamber after Henry VIII became the last monarch to reside at the Palace of Westminster and following the suppression of the college there.

This chamber served as the home of the House of Commons until its destruction by fire in 1834, though its interior underwent several alterations before then. The architectural layout of this room was instrumental in the development of Parliament. While most modern legislatures convene in circular chambers, the benches in the British Houses of Parliament are arranged like choir stalls in a chapel. This is because it reflects the seating arrangement in the original room granted to the House of Commons.

This arrangement gained further significance with the rise of political parties in the late 17th and early 18th centuries. The tradition began whereby members of the governing party would sit on the benches to the Speaker's right, with opposition members on the left. It is said that the Speaker's chair was positioned in front of the chapel's altar. As Members entered and exited, they observed the custom of bowing to the altar, continuing this practice even after its removal, bowing instead to the Chair—a custom that persists today.

The number of Lords Spiritual decreased under Henry VIII, who ordered the Dissolution of the Monasteries, thus removing abbots and priors from their seats in the Upper House. For the first time, the Lords Temporal outnumbered the Lords Spiritual. Currently, the Lords Spiritual consist of the Archbishops of Canterbury and York, the Bishops of London, Durham, and Winchester, and twenty-one other English diocesan bishops, ranked by seniority of appointment.

The Laws in Wales Acts of 1535–42 annexed Wales to England, bringing Welsh representatives into the Parliament of England, first elected in 1542.

Rebellion and revolution

The interior of Convocation House, formerly a meeting chamber for the House of Commons during the English Civil War and later in the 1660s and 1680s.

Parliaments of England
- Predecessors: Witenagemot (7th–11th centuries); Curia regis (1066–c. 1215)
Henry III: 1st 1237; 2nd 1242; 3rd 1244; 4th 1246; 3rd 1247; 4th 1248; Unnumbered 1251; 5th 1252; 6th 1253; 7th 1254; 8th 1255; 9th 1255; 10th 1258; 11th 1258; 12th 1258; 13th "Oxford/Mad" 1258; 14th 1259; 15th 1259; 16th 1259; 17th 1260; 18th 1260; 19th 1260; 20th 1261; 21st 1262; 22nd 1262; 23rd 1263; 24th 1263; 25th 1264; 26th "Simon de Montfort" 1265; 27th 1265; 28th 1265; 29th 1266; 30th 1267; 31st 1267; 32nd 1268; 33rd 1268; 34th 1268; 35th 1269; 36th 1269; 37th 1270; 38th 1272
Edward I: "Model" 1295
Edward II: "Westminster" 1327
Edward III: "Good" 1376; "Bad" 1377
Richard II: "Wonderful" 1386; "Merciless" 1388
Henry IV: "Convention" 1399; "Unlearned" 1404
Henry V: "Fire and Faggot" 1414
Henry VI: "Bats" 1426; "Devils" 1459
Edward IV
Richard III
Henry VII
Henry VIII: "Reformation" 1529–1536
Edward VI
Mary I: 1st 1553; 2nd 1554; 3rd 1554–1555; 4th 1555; 5th 1558
Elizabeth I: 1st 1559; 2nd 1563–1567; 3rd 1571; 4th 1572–1583; 5th 1584–1585; 6th 1586–1587; 7th 1589; 8th 1593; 9th 1597–1598; 10th 1601
James I: 1st "Blessed" 1604; 2nd "Addled" 1614; 3rd 1621; 4th "Parliament of King James I" 1624
Charles I: 1st "Useless" 1625; 2nd 1626; 3rd 1628; 4th "Short" Apr 1640; 5th "Long" (1) Nov 1640; Oxford/Mongrel 1644
Revolution and Commonwealth: 1st "Long" (2) 1645; 2nd "Rump" (1) 1648; 3rd "Barebone's/Little/Nominated Assembly/Saints" 1653
Protectorate: 1st 1654; 2nd 1656; 3rd 1659; 4th "Rump" (2) 1659
Commonwealth: 1st "Rump" (3) 1659; 2nd "Long" (3) 1660
Charles II: 1st "Convention" 1660; 2nd "Cavalier" 1661; 3rd "Habeas Corpus/First Exclusion" 1679; 4th "Exclusion Bill/Second Exclusion" 1680; 5th "Oxford/Third Exclusion" 1681
James II: "Loyal" 1685
William III and Mary II: 1st "Convention" 1689; 2nd 1690; 3rd 1695; 4th 1698; 5th Feb 1701; 6th Dec 1701
Anne: 1st 1702; 2nd 1705
List of parliaments of England
List of acts of the Parliament of England
Parliaments of Great Britain
Other countries
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Parliament had not always bowed to the will of the Tudor monarchs. But the 17th century saw parliamentary criticism of the monarchy escalate. When the last Tudor, Elizabeth I, died in 1603, James VI of Scotland ascended as King James I, establishing the Stuart dynasty.

In 1628, alarmed by the king's arbitrary exercise of power, the House of Commons presented Charles I with the Petition of Right, demanding the restoration of their liberties. Despite accepting the petition, Charles later dissolved Parliament and ruled without it for eleven years. It wasn't until the financial debacle of the Scottish Bishops' Wars (1639–1640) that he was forced to recall Parliament to authorize new taxes. This led to the convening of the assemblies known as the Short Parliament of 1640 and the Long Parliament, which sat, with interruptions and in various forms, from 1640 to 1660.

The Long Parliament was marked by an increasing number of critics of the king within its ranks. The most prominent of these in the House of Commons was John Pym. Tensions between the king and Parliament reached a critical point in January 1642 when Charles entered the House of Commons, attempting to arrest Pym and four other members for alleged treason. The Five Members had been forewarned and had vanished by the time Charles arrived with soldiers. Charles suffered further humiliation when he demanded the Speaker, William Lenthall, reveal their whereabouts, a request Lenthall famously refused.

From that point, relations between the king and his Parliament deteriorated irrevocably. When unrest erupted in Ireland, both Charles and his Parliament raised armies to suppress the uprisings. It soon became apparent that these forces would clash, leading to the English Civil War, which began with the Battle of Edgehill in October 1642. Supporters of Parliament were known as Parliamentarians (or Roundheads), while those loyal to the Crown were called Royalists (or Cavaliers).

Conflicts between the Crown and Parliament persisted throughout the 17th and 18th centuries, but Parliament was no longer subordinate to the English monarchy. This shift was dramatically symbolized by the execution of Charles I in January 1649.

In Pride's Purge in December 1648, the New Model Army—by then the dominant force in the parliamentary alliance—expelled members of Parliament who did not support their agenda. The remaining Rump Parliament, as it was later derisively called, passed legislation to put the king on trial for treason. This trial, with a predetermined outcome, resulted in the king's execution and the beginning of an 11-year republic.

The House of Lords was abolished, and the purged House of Commons governed England until April 1653, when army chief Oliver Cromwell dissolved it due to disagreements over religious policy and election procedures. Cromwell subsequently convened a parliament of religious radicals in 1653, known as Barebone's Parliament, followed by the unicameral First Protectorate Parliament (September 1654–January 1655) and the Second Protectorate Parliament (two sessions, 1656–1658). The first session was unicameral, the second bicameral.

The events of 1649–60 were crucial in shaping Parliament's future. Firstly, it was during the Rump Parliament's tenure that Members of the House of Commons became known as MPs (Members of Parliament). Secondly, Cromwell granted his parliaments considerable freedom, although royalists were largely excluded from participation.

Cromwell's vision for Parliament seems to have been heavily influenced by the Elizabethan parliaments. However, he underestimated the extent to which Elizabeth I and her ministers had directly and indirectly guided her parliaments' decision-making. He was consistently surprised when they became difficult. Ultimately, he dissolved every parliament he convened. Yet, the structure of the second session of the Second Protectorate Parliament in 1658 closely resembled the parliamentary framework established by the Glorious Revolution Settlement of 1689.

In 1653, Cromwell was appointed head of state with the title Lord Protector of the Realm. The Second Protectorate Parliament offered him the crown. Cromwell declined, but the governmental structure outlined in the final version of the Humble Petition and Advice provided a foundation for future parliaments. It proposed an elected House of Commons as the Lower Chamber and a House of Lords composed of peers of the realm as the Upper Chamber. A constitutional monarchy, subordinate to Parliament and national laws, would serve as the executive arm, assisted by a Privy Council. Oliver Cromwell had thus inadvertently laid the groundwork for England's future parliamentary government. In 1657, he temporarily unified the Parliament of Scotland with the English Parliament.

In terms of Parliament's institutional evolution, the sitting of the Rump Parliament between 1649 and 1653 was the most significant development during the republic. It demonstrated that Parliament could function independently of a monarchy and a House of Lords. Future English monarchs would not forget this. Charles I was the last English monarch to enter the House of Commons.

Even today, a Member of the Parliament of the United Kingdom is sent to Buckingham Palace as a ceremonial hostage during the State Opening of Parliament to ensure the sovereign's safe return from a potentially hostile Parliament. During the ceremony, the monarch sits on the throne in the House of Lords and signals the Lord Great Chamberlain to summon the House of Commons. The Lord Great Chamberlain then raises his wand, signaling the Gentleman Usher of the Black Rod, who waits in the central lobby. Black Rod turns, escorted by the doorkeeper of the House of Lords and a police inspector, and approaches the doors to the Commons chamber. The doors are slammed shut in his face—a symbolic representation of the Commons' right to debate without the monarch's representative present. He then strikes three times with his staff (the Black Rod), and is admitted.

Parliament from the Restoration to the Act of Settlement

The revolutionary events between 1620 and 1689 all occurred under the banner of Parliament. Parliament's new status as the central governing body of the English state was cemented during the events surrounding the Restoration of the monarchy in 1660.

Following Oliver Cromwell's death in September 1658, his son Richard Cromwell succeeded him as Lord Protector, summoning the Third Protectorate Parliament. When this parliament was dissolved under army pressure in April 1659, the Rump Parliament was recalled at the insistence of the remaining army leaders. This, in turn, was dissolved in a coup led by General John Lambert, leading to the formation of the Committee of Safety, dominated by Lambert and his allies.

When the forces led by George Monck invaded England from Scotland (where they had been stationed without opposition from Lambert's supporters), Monck temporarily recalled the Rump Parliament and reversed Pride's Purge by reinstating the entirety of the Long Parliament. They then voted to dissolve themselves and call new elections, which were arguably the most democratic in 20 years, despite the limited franchise. This led to the convening of the Convention Parliament, which was dominated by royalists. This parliament voted to reinstate the monarchy and the House of Lords. Charles II returned to England as king in May 1660. The Anglo-Scottish parliamentary union established by Cromwell was dissolved in 1661 when the Scottish Parliament resumed its separate meeting place in Edinburgh.

The Restoration marked the beginning of the tradition where all governments sought legitimacy from Parliament. In 1681, Charles II dissolved Parliament and ruled without it for the final four years of his reign. This followed intense disagreements between the king and Parliament between 1679 and 1681. Charles took a significant gamble, risking a military confrontation similar to that of 1642. However, he correctly anticipated that the nation did not desire another civil war. Parliament disbanded without conflict. Subsequent events ensured this was merely a temporary interruption.

Charles II died in 1685 and was succeeded by his brother James II. Throughout his life, Charles had professed loyalty to the Protestant Church of England, despite his private Catholic sympathies. James, however, was openly Catholic. He attempted to lift restrictions on Catholics holding public office, which was fiercely opposed by Protestants in his kingdom. They invited William of Orange, [91] a Protestant married to Mary, daughter of James II and Anne Hyde, to invade England and claim the throne.

William assembled an army estimated at 15,000 soldiers (11,000 infantry and 4,000 cavalry) [92] and landed at Brixham in the southwest of England in November 1688. When many Protestant officers, including James's close advisor, John Churchill, 1st Duke of Marlborough, defected from the English army to William's invasion force, James fled the country. Parliament then offered the Crown to his Protestant daughter Mary, rather than her infant son (James Francis Edward Stuart), who had been baptized Catholic. Mary declined the offer, and instead, William and Mary ruled jointly, both possessing the right to rule alone upon the other's death.

As part of the compromise that allowed William to become King—known as the Glorious Revolution—Parliament succeeded in enacting the 1689 Bill of Rights. Later, the 1701 Act of Settlement was approved. These statutes legally affirmed Parliament's prominence for the first time in English history. These events marked the beginning of the English constitutional monarchy and its role as one of the three branches of Parliament.

Union: the Parliament of Great Britain

Main article: Parliament of Great Britain

Following the Treaty of Union in 1707, Acts of Parliament passed by both the Parliament of England and the Parliament of Scotland established the new Kingdom of Great Britain. Both existing parliaments were dissolved and replaced by a new Parliament of Great Britain, which convened in the former premises of the English Parliament. The Parliament of Great Britain subsequently evolved into the Parliament of the United Kingdom in 1801, with the formation of the United Kingdom of Great Britain and Ireland through the Acts of Union 1800.

Locations

The House of Lords, depicted in a 1695 Dutch engraving.

Beyond London, Parliament convened in the following cities:

York, various dates
Lincoln, various dates
Oxford, 1258 (Mad Parliament), 1681
Kenilworth, 1266
Acton Burnell Castle, 1283 [93]
Shrewsbury, 1283 (trial of Dafydd ap Gruffydd), 1397 ('Great' Parliament)
Carlisle, 1307
Oswestry Castle, 1398
Northampton, 1328
New Sarum (Salisbury), 1330
Winchester, 1332, 1449
Leicester, 1414 (Fire and Faggot Parliament), 1426 (Parliament of Bats)
Reading Abbey, 1453
Coventry, 1459 (Parliament of Devils)