13. Division of Parliament into Two Houses; Growth
of the Power of the
Commons; Legislation by Statute;
Impeachment; Power over the Purse.
In Edward III’s reign a great change occurred in Parliament. The knights of the shire (about 1343) joined the representatives from the towns, and began to sit apart from the Lords as a distince House of Commons. This union gave that House a new charactyer, and invested it with a power in Parliament which the representation from the towns alone could not have exerted. But though thus strengthened, the Commons did not venture to claim an equal part with the Lords in framing laws. Their attitude was that of humble petitioners. When they had voted the supplies of money which the King asked for, the Commons might then meekly beg for legislation. Even when the King and the Lords assented to their petitions, the Commons often found to their disappointment that the laws which had been promised did not correspond to those for which they had asked. Henry V pledged his word (1414) that the petitions, when accepted, should be made into laws without any alteration. But, as a matter of fact, this was not effectually done until the close of the reign of Henry VI (about 1461). Then the Commons succeeded in obtaining the right to present proposed laws in the form of regular bills instead of petitions. These bills when enacted became statues or acts of Parliament, as we know them to-day. This change was a most important one, since it made it impossible for the King with the Lords to fraudulently defeat the expressed will of the Commons after they had once assented to the legislation which the Commons desired.
Meanwhile the Commons gained, for the first time (1376), the right of impeaching such ministers of the Crown as they had reason to believe were unfaithful to the interests of the people. This, of course, put an immense restraining power in their hands, since they could now make the ministers responsible, in great measure, for the King.[1]
[1] But after 1450 the Commons ceased to exercise the right of impeachment until 1621, when they impeached Lord Bacon and others.
Next (1406), the Commons insisted on having an account rendered of the money spent by the King; and at times they even limited[2] their appropriations of money to particular purposes. Finally, in 1407, the Commons took the most decided step of all. They boldly demanded and obtained the exclusive right of making all grants of money required by the Crown.[3]