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abundantly testified to by his principles of government, which rendered his reign a reproduction of that of Edward IV., and added another quarter of a century to the long sleep of Parliament. Throughout his whole reign Henry summoned Parliament only seven times, and during the last thirteen years only once, in 1504. Money was invariably the object of its summons.

The extraordinary servility of Parliament - especially shown in the regularity with which they rendered each successive monarch at his accession partially independent of their help, by granting him a revenue for life *—can be best accounted for by a brief examination of its constitution and character. The long wars, and the attainders and executions which followed the alternate triumphs of each party, had swept off nearly all the old nobility who had been accustomed to act as leaders of the Opposition, and had served as powerful checks on the ambition of the Crown. The old race of haughty, independent Churchmen had died out as well, and were succeeded by men who looked to the royal favor for advancement and protection from the hatred of the nation. When Henry VII. therefore summoned the Lords to the Parliament of 1485, it is scarcely singular that there appeared only twenty-nine temporal peers, several of whom were new creations. There was, therefore, a permanent royal majority of ecclesiastics already existing; and the new nobility who grew up under the Tudors were more likely to buy safety and advancement by adhering to the ranks of this majority than to take up the useless and dangerous part of opposition. The Lords, in consequence, entirely ceased to exercise any check on the Crown, and became instead its ready instrument. The Commons had not yet acquired self-importance and self-reliance enough to act alone. Deprived of their leaders they were helpless; nor was it till they learned to follow the lead of the king that they emerged again from the pathless slough in which they were plunged.

* The customs, and tonnage and poundage, were granted in this way to each king until the accession of Charles I.

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SECTION 2.-Early Years of Henry VIII. (1509-1529.)

The parliamentary history of the reign of Henry VIII. is divided into three very distinct periods. During the first (1509-1515), Parliament was assembled at intervals chiefly to vote money for carrying on the Continental war. During the second (1515-1529), Parliament again suffered an almost total eclipse, and, with a single exception in 1523, was not summoned to share in the government of the country, or even to vote supplies for the maintenance of the administration. The third (1529-1547) is remarkable for a great parliamentary revival. Parliament meets continually, with but very slight intermissions, is constantly employed in transacting business of the most varied and opposite description, and displays a legislative activity which makes this period one of the most remarkable and most fertile in the legal annals of this country.

The early period was at first uneventful, save for repeated grants of taxation for war. The case of Richard Strode, however, in 1512, forms an important epoch in the history of privilege.

Richard Strode, member for the borough of Plympton, in Devonshire, proposed certain bills in Parliament for the regulation of the Cornish mines. He was in consequence prosecuted by the Stannary Courts* for an infringement of their privileges, and imprisoned in a dungeon in Lidford Castle, where he remained for three weeks, until delivered by a writ of privilege. Attention had been attracted to his case by the non-performance of his duties, as one of the collectors appointed to raise the fifteenth voted in Parliament, in consequence of his arrest. The case was carefully inquired into by the Commons and decided to be a gross violation of their rights of freedom of debate and liberty of the person. It was determined to proceed by Act of Parlia ment, in order that a definite decision of the whole Legislature might be recorded on the subject of privilege. Henry made it a rule not to interfere with his Parliaments so long as their proceedings did not trench on his authority; he

* These Courts had special jurisdiction over the Duchy of Cornwall.

readily signified his assent, therefore, to the statute which is usually described as the "Statute anent Richard Strode" (4 Henry VIII. c. 8). It declared the action of the Stannary Courts against Strode illegal and void; and added that all similar actions, condemnations, and punishments instituted and enforced in the future for any words spoken in Parliament or any bill brought forward in Parliament should be utterly illegal and void as well. This is the first statute which deals with the question of freedom of debate.

During the second period (1515-1529), the ruling genius of the Government was the great minister-ecclesiastic, Cardinal Wolsey. Naturally of despotic views himself, he desired to release his master from the trammels of the Constitution and render him supreme in uncontrolled despotism. With the keen eye of a statesman, he realized at once that the strongest check on the power of the monarch lay in the free traditions of the Parliament, and these he determined to remove. Active measures of repression and coercion, however, formed no part of his plan. Parliament was not to be forced, or even bribed, to submit unquestioningly to the views of the Government. It was simply to be deprived of all power of expressing any opinion at all. It was to dream away in numbing inactivity, lapped in a long, long sleep, which is so nearly akin to death, until at last-like the Dodo and other anachronisms-it should have the good taste to become decently extinct. A great gap therefore ensues in the history of Parliament. Between the years 1515 and 1523 no summons was issued to the estates of the realm; and again between the years 1523 and 1529 another blank occurs in the parliamentary annals. But for the single exception of the Parliament summoned in 1523, the period of the great Cardinal might be described as an epoch of undiluted personal government.

Eight long years of peace and ordinary expenditure had facilitated the execution of Wolsey's plan, and then the outbreak of war involved him in unusual expenses, which drove him to his wit's end to find the necessary cash. All attempts to raise money by extra-parliamentary means having failed, he decided once more to assemble the representatives of the people in order to obtain a general grant. In

April, therefore, Parliament met at the Black Friars, and Sir Thomas More, a member of the Council, was chosen Speaker of the Commons by the influence of the Court. The influence of the Court, in fact, was very great in this Parliament, owing to the presence of a large number of Crown nominees and placeholders who voted solidly together for their patron on all occasions; the resistance, therefore, which the Commons offered to the unprecedented demands of the Government really betokens a courage and independence on the part of the country members-if we may antedate an expression-which must relieve them entirely from the charge of blind subservience to the views of the Crown and disregard of the feelings of the country. On April 29, Wolsey, in person, demanded from the House a vote of one fifth of every man's goods and land, which he calculated would amount to £800,000. The Commons made no reply whatever to this speech, though he repeatedly called on various members to give him a reasonable answer. At last, Sir Thomas More, bending the knee, replied that the Commons were accustomed to return answer only by the mouth of their Speaker; that it was impossible for him to convey their reply until he had their instructions, which they could not give until they had debated the question, and this they claimed the right of doing in private, in accordance with their privileges. So Wolsey was obliged to withdraw. A long discussion ensued, in which the Commons displayed gross ignorance of the real condition of England in estimating the number of parishes at 40,000, whereas they really did not amount to 15,000. Even with this overestimate, they considered the royal demands utterly outrageous. Wolsey therefore attempted a little browbeating, in the hopes of producing the desired effect. He appeared in all his pomp, with "his maces, his pillers, his poleaxes, his crosse, his belt, and the great seale too." But all these trappings of authority were as inefficacious as his arguments. The Commons listened to him again in absolute silence, unconvinced, and positively refused to discuss the question in his presence. On his departure, the debate was continued for sixteen days with the utmost vehemence; but the solid ranks of the king's party were utterly inacces

sible to argument, and they eventually carried the day in favor of a heavy tax. Wolsey was so disgusted with the independence of Parliament that he determined for the future to raise money by unconstitutional and unpopular means, rather than again assemble a body he so heartily distrusted.

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