The British Government

P0WKR8 Olí PAKLIAMENT. The suprome legislativo power of the British oinpire is by itn Constitution given to Parliament. "ïhe power and jurisdiction of Parliainent," says Sir Edward Uoke, " is so transcendent and absolute that it caunot bo eouíined either for causes or persons, withiu uny bounds." Aml, repeating the words, Sir Wm. Blaokstone adds, that itis'Hhe place wliere that absolute dospotic power which must in all governmeuts resido sotnewhere, is intrusted bj tho ConstitutioD of these kingdoms. Tho sovoreign is not ouly the head, but also the beginning and tho eod - caput, prineipiwn, et fmis - of Parliament ; he alone can summon Parliament ; and no Parliameut, save on the demise of a sovereign, can assemblo of its own accord. Parlia ment is summoned by a wrít of the soveroign issued out of Chancery, by ad vice of the privy council, at least thirtyfive days previous to its aasembliug. Il a new parliament is to bo eleclod, tho chancellor sends bis warrant to the clerk of tho erown in Chaneory, the latter issues writs to tho 8herifi to procuro tho clection of " knights" and "burgosses." Ou a vacaacy ooeurring while Parliament is sittting, a writ for the oleetion of a new mernber is issued after motion in the House, lf a vacauey ocour during the prorogation, and it bo occasioned by doath, the writ is issued at the instance of the Speaker. By 3 Edw. 111. c 14, it was enacted : 11 It is accorded that Parliameut shall be holden every year once or moro often if need be." Also by 3G Edw. III c. 10, it was directed, " that a Parliament be holdeu every year if need be." By 16 Chas. I. c. I. it was enacted, that if the King neglected to cali a Parliament every three years, the chancellor or keeper of the great seal rnight issue writs for summoning tho peers, and for tho election of the commons ; that if the chancellor or keeper should neglect to do it, aoy twelve of the peers iriight suuiuiou tha Parliament; that if tho peers should neglect to ússue the necesgary summons tho sheriffs of the pounties aud other magistrates rospeotivoly might proceed to the election ; aud should thoy rofuse them, that tho freololders of each county might elect their nembers, and that the meuibers 80 chosen should be obligod, uoder severe jenalties, to attend. This act was deern ed such an invasión ef the prerogative, ,hat it was repealed on the Ktstoratiou by 16 Chas. II. c. 1. But the latter. act oontaina a provisión that Parliament shall not in future be intermitted for above three years, at the most. By 1. Will. and Mary, sec. 2. c. 2. it was enacted, "that Parliament sball be holden frequently." As, however, the Mutiuy Act aud the Budget are only jranted for a year, the Crown, since the ílevolution, is compelled to suounon a Parliament anaually. PROB.OGATION AND DISSOLÜTION. It has become enstomary of late for ?arliaments to meet in annual session, extending over the tirst six months of the ?ear. Every sossion must end with a rorogation, and by it all bilis which lave not been brought to a conclusión 'all to the grouud. Both Houses of liegislature must be prorogued at the eame time; but before this ean be done, oae bill at least musí havo beoome au 1 Act of Parliament." The prorogation akea place either by tho 6overeign in )etson, or by conimission from the :rown, or by proclamation, Tho Lower iouse appears at the bar, and if the overeign be not present, the Speaker eports upon the labors of the sossion ; he royal assent is then given to bil! of ,ho cloBing session, and a speech from ,he sovereign is read ; thereupou the jhancellor prorogues the Pariiamont to a cortain day. Parliament resumes business, however, as soou as it is sutnmoned y a royal proclamation on a certain ay, which may bo at a date earlier than he original date of the prorogation ap)ointed. Should the term of prorogaion elapse, and no proclamation be ssued, Parliament canuot assemblo of s own accord. The royal proclamaon which summons Parliament iu orier to proceed to busiuess must be ssued fourteen daya before the time of meeting. A dissolution is the civil death of 'arliament; it may ocour by the will of lie sovereigu, expressed iu persou or by ornmissioners, and even, as in 1806, duing tlie "recess" by proolamation or by apse of time. Formerly, on the demise of the sovereign, Parliamout was issolved ipso facto, hut the calling oí' a ew ParliameLt iramediatoly ou the inuguratiou of the suucessor being found noonvenieut, it was enactod by the statutes 7 and 8 Will. III. c. 15, G Auue, . 7, and 37 Guo. III. o. 17, thut the )arliumerit in being shall continue fiF ix months after the domine of any kiug r queeu, unless sooaor prorogued or issolved by the suceessor ; that if, ut be time of the detnise, the Parliameut e adjourned or prorogued, it shall imnediately assemble; that, in the oase f the deiniso of the sovoreign betweeo be dissolution of Parliameut and the. ay app 'inted by the writs of summons 'or the meeting of a new one, the last treoeding Parliaraeut shall immediately onvene lor sis inonths, unless soonor rorogued or dissolved by the suceessor ; md that in the ovent of the eovereign's eiuise, on or aftor the day appointed 'or the assembling of tho new Parliaïent it shall in like inaoner couvene for x mouths, uüless soouer prorogued or issolved. THE ÏWO IIOUSES. The present form of Parliarnent, as ividtd iuto two Houaes oí Legialniurc, the Lords and Cotnrnous, datos from tho time of Edwurd II. Instances of tho suspension of this established form ocourred during the Interregnum, and after the abdication of James II.; but exeepting theso irregularities, it bas been a fundamental principie of tho English constitution, that every lawful Parüament shall consiet of an Upper ana Lovver HouHe of Legislatura. TUK UPPER HOUSE. The Upper House consista of peers who hold their suats - 1. By virHie of hereditary right ; 2. By summous from tho Crown ; 3. By rirtue of the ir office - bishops ; 4. By being clected for life - Irish peers; 5. By being delegated for the duration of a Purliamunt - Scottish peers. Formerly, eVery peerage was at the sanie time a feudal barotiy, or "lïarone par tenure." To be qualified to appear, however, in the national assembly of tl e Plantaganets a special eummous was neceasary, and tlius were created the " Barone par writn According to Camdom, aftor the battle of Evesham overy baron was expressly forbiddeu, without such spooiai writ, to appoar in Pur liament. Auy one aifordhig proof that bis anocator wa called ''by writ of sumruoua" has the right to sit as horeditary poer. The claim ruay likewise be based on preseription, Whoevor ie called by writ of summons must actually take his Beat iu order to acquire the full rights of a peer ; the oldest soas oi dukes, marquises and earls are sometimos called by writ to tho Upper House uiider a special title. The creation h patent is at the present day the ordiuary form employed, the peer beiug thereby suinnioued " ad consulenduni et defendum regem ; aud the peerago rights are ao quired whether the individual suuimoned takes his seat in the Upper House or not. Should a question arise as to the legal capacity of a peer to be admitted to the sittings of the Upper House, the Sovereign is prayed fo a wi it through a Secretary of State ; the AttornoyGeneral supports the petition, aud if willing to allow it, it is ordinarily coni plied with. If tho matter is doubtful, hé recommends the matter to be referred to the Upper House, which resolves itself into a Committce on Privilege Upon a report to the House, the latter declares iU opinión by way of address. Hereditary peers may, by a " standing order" of the Upper House, take their seats without further preliminary ; peers nüwly created or summoued . have to be " iutroduct-d." The Orown is unretrioted in its power of creating peers, and this privilege has been largely used by sucacediiig kiugs, chiefly modern sovereigns. George I. created 60, and George II. 90 tew peers; frora 1761 down to 1821, 388 persons were elevated to the peerage ; and from 1700 down to 1821, the tnimber was 667. George IV. created 59, William IV. 55, and Quoen Victoria, up to 1862, created 83 new peers In consequence of expressions used in the Act of Union - 5 Anne, c. 8 - liinitiug tho right oí elettion of Scotch peers to the then existing peers of Scotland, it is understood that the wovereign cauuot créate a new Scotch peerage ; and sueh peerages are, in fact, never created, except in the case of the younger branobes of the royal farnily, though extinct peerages may be revivcd or forfeitod peerases restored. By the Irish Act of Union- oO and 40 Geo. III. e, 67- the sovereign is restricted to the creation of one uew Irish peerage on the extinction of threo of the existing peaiiiges; but when the Irish peers are reduced to 100, then on the extinction of ono peeyage another raay bo ereatcd, MKMBERS OF TUK UPPER HOUSE IN 1804. The following is a sunimary of the members oí the House ot Lords, as composed in the session of 1864 : Peers of the Blood Royal 3 Archbishups 2 Dnkes 20 Marquisas 19 Earls 110 Viscounts 22. Bishops, 24 ; one a Temporal Peer 2í Barons 209 Scotch Representative Peers 16 Irish Representativa Peers, 28 ; oue a Peer of United Kingdoin 27 Irisli Spiritual Peers 4 Total 455 Of whom 17 are minors, mking the actual number of the House of l'eers 438. THE LOWK3 IIOUaE.. The Lower Houso of Legislatura, by a constitutional ficlion, is held to re.)rj sent a!l tho " Commons of Englaud." 8ince 49 Hen. III. tho House has con sisted of kaights of the shiio, or ropreseutiUives of cities ; and burgessec, or representatives of boroughs, all of wjoni sit and vote together. Sinou theenaytment of íhe statute 7 Hun. IV. c. 15, in the year 1406, regulating the olectiou of küights oí the shiro, numerous auts hao been passed for t'ie clection üf' members of Parüaniemt. Previous to that statute, the crown had a vory largo and absolute power in limiting aud presonbing, by royal vvrits, the nuinbers and quahficatiousof tbepfirson tobe elected, as wel] as of the constituenoios, However, tbc distribution of thé fi-anchise in counties bas always boen far less variable and irregular than in boroughs, in nearly all cases two members being elected f' r every county. For oities aud boroughs the oonstituencics varicd greatly from timo to time, and in iucorporatod boroughs depended chicfiy on anciout customs, and tho terms ot old charters aud privileges. Tho uumbor of cilios aud boroughs for which writs were ssucd in the timo ot Edward L. and theuce to Edward IV., appears to have boen 170. At the accossiou of Ileiuy VIII., the total number of constitueneiog, includiug counlics, had become reducud to 117. lu tli at roign the nunibur was coneiderably iucreased, chiefly by tho additiou of I representativos for Wales. In all the following ruigns, up to the Restoration, largo additious tothe borough franchisos were made. Previous tü this penod, niembers of Parlinment liad to be paid by their coontituencios ; but the practice growing up of membors bearing thcir own expeuscs, tnany ancient boroughs, which luid formerly been exempted f'roiu tlio returns on account of their poverty, becamo desuous of resuining tliuir franchise. The number of rnember.s in 1817 was G58. The additions from Edward VI. to Charles I. were almot entirely of borough uicmbors. In the fourth Purliament of Charles I., the number of places in Englaud and Wales for which returns wero made, exclusive of counties, amouuttd to 210; and iu the time ot the Stunrts the total nuuiber of membors of tho House of Cominops was about 500. The number of membora was uot materially altered from tbat time until the union with Scotland, u the reign of Queen Anue, wben 45 ropresentatives in Scotland wero added. The next considerable change was at tbo uniou with Ireland, at tho coimneucement oí tho present century, when the House of Commons was increased by 100 Irish representatives. Tho number of members of tho IIouso has rcniaiucd nearly the samo ever sioe; but at the passing of tho Reform Acte, oxttsusivo alterations woro inado as to thu piucos represented. THE COMMONS IN 1864. The total number of representativea in tho of Coramons was as follovvs ie the session oi 1864 : Of cities aud Ofcountie.s b.oroughs. Total. England. - - 162 338 500 Seotlaud. - - - 30 23 03 Ireland. - - 61 41 105 Total. - - 25G 40 058 QUALIFICATION OP MEMMRS. The property qualifisation for members was not disturbed by the Reform Bill. It amountod to L600 lor the knights, and L800 for the burgesses, but it has beon abolished by 21 and 22 Vio., e. 26, of June 28, 1858. The othor grounds of exclusión have remainod, and have even been partially increased. No o'ne can can sit or vote in Parliament who has not attained the age of twentyono years. No excise, custom, stamp, or other revenue offioer is eli&ible. Since 1840, tho Judge of the Admiralty (Jourt is oxcluded from being elected; the same holds good witb respeot to att the latter judges. Tho Master of the Rolls alone is eligible. No English or Scotch peer can be eleoted to. the Houaa of Commons, but an IiíbIi peer may. Finally, foreigners, even when naturalized, unless the right bo conceded in oxpress terms, as wel] as persons who havebeen convioted of treason, or felony, aro ineligiblo. QUALIFICATION OF VOTfltS. To possess th.0 tracchise in a borough, a person must occupy, as owner or ton ant, a house of the olear yearly valúa of L10. The rights of the oíd burgeases or freomen to. voto havo been preserved.. All persons who as burgesses or as freemen would have been entitled to. vate ií the Reform Bill has not been pa&seu, are still peruv.tted to oxercise tha franohisa, li a person has property whiok would qualify him as a borough eieetor, he cannot, instead of becoming a borough elector, choose in respect of that property to qualify as a county elector, The riualifying estate for tho county mst ba either - fir&t, a freebold of inheritanoe of the clear yearly valtio o.f not less than forty shillings. Bcoondly, a freebold far life of tho samo valué, provided it is in the actual and lonafide occupation of the party claiming to vote, or shall liavo been acquirod by marriage, maniage settlement, deviso or promotion to a.ny benefice or office. If the freeholder for lïfö is not in tho actual occupation, or shall have acquired bis estáte otherwise than in the modo above mentioned, his friiehold must be of tho cleay yearly valuo of not less than L10 per annmn. Before the Reform Act all who had freehold proporty for life of the clenr yearly valuo of forty fchillings wfere entitled to vote irrespectivo of the mapner of its acquisition, and without tho neoessity of occupation. - Persons so qualiüed to vote at the timo of the llefonn Act aro still perinitted to oxercise the franchise so long as they continué seized of the samo freehold. - Thirdly, copyhoJd or other property not of fr&ohold tenure, provitled the interest be for life, or any largor estate of' tho üloar annuül value oi' not loss than L10. Fourthly, leasebolda of the c'car ycurly valuo of L10, if the term was not originally less than sixty years, and of the clear ysarly value of L50 or r.pwards, if the term was originally t;ot loss than iifty years. Fifthly, by the occupation of any lands or tenemonts for whieh tlie tenant pays u yearly rent of not less than L50. This latter qualiücation was iutroducod by the so-called Chandoa clause. Tho othor legal requiromouts tbr electora havo continuad in force. - Aliens, persons under twonty-ono years of age, or of unsound mind, in receipt of parochial relief, or uonvicted of certain ofiencos, are incapablo of voting. - No one can vote who possessos a freehold conveyed to him merely for tho purpose of empowering hiin to vote. The judges, constables, and mauy officers who are conceruod in the colloction of reveuuq aro ditsqualilii'd tuk hxkoutive govehn.mj:nt The exeoutive goverument of Great llritaïu and Ireland is vested nominally in the Crown ; but practieally in tho counoil of ministers, commonly t illed the Cabinet. Tliu Cabioet exists only so long as it can corainaud the jonfidoneo of Pailiamont, particularly tho House of Coiumous; and :s its acts ara liablo to be queetiuned iu Parlumont, and to requiro pi'ompt oxplauation, it ia psential tl'tit tho heads f the ohief dej'fcrttucut? of tho ÍS tíito íliould havo fieats in eitherthe Uppor ortlie Lower Houe, whero they becomo idcn'iíied wi.h tbe general pulicy and acts of the Government. míe ritivr councí u Tho Privy Oourcil is of great antiquity- it cotD-ists of suelí otticers of State wbo, at tbe pleasure of tliu Crown, are worn mctnbers of iho " Privv I Counoil," and wbo as suoh nspunie th'o tille oí " Right Honorable.'' Tbeir duties aro to ndfise tbo Sovereign ín the :ict& of lúa Govei nment. Tbey have nlso judicial nnd executivo ftinetions. - lirliaraenU lorrnerly inet but Boldom. - Id the absence of tlio Püilimnent tho (joveinment of the country was carried n Uy the Crown, a68isted by the Privy C'ouncil, inuch the sanie asin Normandy. The Duke and liis Cnuncil governed,and the States wore only assemblod on exuaordinury oceusiions, euch as clinngin the Inw8 of the ducliy or oting extraordinary gub.-idies. The Sovereign in (%iuncilexeroises original jurisdiction on the prinoiples of feudnl Bovereignty on áppeala froui tho Cliannol Islnnds'and írotu the Colonies. ÍIEMI1EKS OF ('AB1NET. The niember of the Cabinet who filie the BÍtuntion of First Lord of the Treasury, and combined with it sometimes thnt of Chnncellorof the Exchequer, is tho ehief of tho miriatry nnd iberefore of the (Jab:net. It is at hia recommen(Intioi) thnt bis colleagues aro nppointed; fv.d be dispense?, -vith li.irdly an exception, the patronage of the Crown. - Evcry Cubinet includes the following high offiioers : The First Lord of tho Treasury, the Lord Chancello!1, the Lord President of the Council, the Lord Privy Scnl, the Chancellor of the Exchequer, and tho Secretaries of State. Soveral other ministerial fiinetionaries, howovcr, have seats in the Cabinet ; never less than tbree, nnd rrirely as many as eeven or eight of this latter class are ciilled to that station. Their offices are as follows : Comraissionor et Works ' and Buildings, Chancellor of the Duchy of Lancaster, First Lord of the Aduiirnlty, President of tho Board of Trade, Master of tho Miut, Advoeato (iencral, General, Chief Socretary for Ireland, President of the Poor Law Board, Chief Justice of the Queeu's Beuoh. The selection usuallv ialls npon those nmong the latter nientioned funetioaariep, whoee rank, talent?, roputation and politioal weight, render tbem the most useful auxiliarieaj or whose services, while in opposition, niay Lave croated the strongest claims to become members of the Cabinet. It has occasionally happoned that a stateeman possessing high character and influenco aecepts a seat in the Cabinet without undertaking the labors and responsibility of any particular office. Altriough the Cubinet has been regarded during several generations as an essontial part of the institutions of Great Britam, yet it continúes lo be unknown to the law. - The Duraes of the noblemen and gentlemen who compose it ar never ofïïcially announced to tho public. No record' is kept of its resolutions or meetings, nor has its existence ever beeo Eecognizod by any act of Parliament.