PARLIAMENT

(In modern Latin parliamcntum, ill French parlement; from the Fr. parler, to speak.) The su pre me legislative a embly of Great Britain and Ireland. Origin of Parliament. — By the principles of the feudal system, every sovereign and every great feudatory had his council, composed of his greater and le er va als, which occasionally a embled to a i-t him both in judicial and legislative matters; and which was held in theory to lie permanent, so that its a ent was nece ary 10 the validity of his acts. And it was al-o as ancient custom, in several of the western kingdom* of Europe, for such potentates to hold a emblies of ihcir barons at the great festivals of the year, termed cours plenieres and parlement; principally, however, if not entirely, for the mere purpose of show and magnificence. But occasionally such special a emblies were summoned for more Important purposes; and the meeting in 114G, at which the crusade of Saint Louis was Undertaken, is said to furnish the first occasion in which the word parliament is used for a deliberative a embly. In France, however, the word was afterwards transferred to signify the principal judicial courts of that county. (See Parliament.) The only realms in which it appears to have become appropriated to the great legislative a emblies are England. Scotland, and the Norman kingdom of Sicily. The parliament of the latter country consisted, in the 13th century, of spiritual and temporal barons, summoned by the king's writ; and occasionally, but not uniformly, of deputies from the towns similarly summoned. All the extensive and laborious researches which have been made, of late years, towards dispelling the obscurity which rests over the commencement and early constitution of our parliaments, have only shown that little new information is attainable on the subject. We can, indeed, conjecture pretty accurately the proce by which meetings of delegates for the purpose of apportioning taxation became gradually a emblies, granting or refusing supplies with absolute nuthority; anil that by which a convention summoned for the object of representing grievances to the sovereign, and giving their approbation to his acts, became a sovereign legislative body. But to investigate the internal changes in the a embly itself, the mode by which it became divided into distinct chambers, the manner in which the peerage was formed as a distinct body out of the free baronage of the country, and that in which the lower house acquired the features of a regular representative body, may be safely pronounced, with our present knowledge, impo ible. The Norman and Plantage net kings had two councils— the great council of the kingdom, and the le er or privy council; and it may be freely stated, after making all deductions from the principle on the score of arbitrary powers occasionally exercised by the sovereign, that, ever since the Norman conquest, the supreme legislative power in England has been placed in the king and great council conjointly. Itwas, moreover, in early times, a court of crimina judicature also, and aided the sovereign in all the more important transactions of his government. It interfered even in matters of ecclesiastical discipline; in questions of peace and war, of grace and justice; and, by war cf advice, in the appointment lo "acant offices, civil or ecclesiastical.895 III. Mode of Election. — 1. In England and Wales, when the sheriff receives the writ commanding him to return a knight or knight of the shire, or division of the shire, he makes proclamation, within two days after receiving the writ, at the place where the election is to be holden; that is, the principal polling place. Counties and divisions are subdivided into convenient districts, with a polling place VIII. Method of Proceeding on Private Bills.— Petitions for private bills must be presented in the Commons within pre .fourteen days after the first Friday in the se ion; and, on being presented by a member, are referred to a committee, which is then named, consisting of five members selected by the committee clerk. The committee on the petition ascertains whether or not the standing orders applicable to the case have been complied with, in which case they make their report, accordingly, to the house: leave is then given to bring in a bill, unle , as in some cases, it is expedient first to re-commit the report. The bill having been read a first time, after an interval, which is varied in practice according to the nature of its subject, the House proceeds to the second reading; on which occasion objections to the principle of the bill are usually made, specific objections to its provisions being more properly reserved to a later stage. A member may, individually, oppose a private bill in any stage, or he may present a petition against it. On the bill being read a second time, it is referred to a committee, which is formed in the same manner as the first committee on the petition. In the comlnittee on the bill all the blanks left on its first introduction are filled up, and amendments introduced, and, if unopposed, the hill is reported. Opposition to a private bill, in a committee of the House of Commons, is conducted as follows: The petition against the bill, having been referred to the committee, is read there; if the parties supporting it appear, the promoters of the bill first state their case, and produce and sum up their evidence in support of its preamble; the opponents next state their case, and produce and sum up their evidence against it; the promoters then reply, and the committee vote. If the committee resolve that the preamble is proved, the clauses are read, and the opponents are at liberty to make objections to each succe ively, the promoters not being called upon otherwise to offer evidence in support of them. The presence of five members of the committee is nece ary to any proceeding. A committee cannot di olve itself, and consequently its existence continues until it has reported to the House; although by adjourning indefinitely, or by voting the chairman out of the chair, they might in effect entirely release themselves from the duty imposed on them; but the House, in similar cases, has exereised the power of ordering the committee to proceed forthwith. When the report is brought up and read, as in the case of other bills, it is ordered to lie on the table. After seven days, the amendments having been read and agreed to, it is ordered to be engro ed; after which it is competent to any member to move the third reading of it. Additional clauses added at this time are termed riders. When pa ed, the member who presented the petition, with seven others, takes it to the House of Lords, and delivers it to the lord-chancellor. If the lords make amendments, the concurrence of the Commons to these amendments is moved by the same member. Should the lord's amendments not be agreed to (a rare occurrence in private bills), a conference is held by a deputation from both Houses; and, should the disagreement continue, the bill is finally withdrawn, or, rather, dropped. IX. Standing Orders of the J/ovse of Commons. — These are a series of regulations, adopted by way of resolutions of the House at various periods, from 1685 to the present time, relating partly to the internal order, , of the House, partly to certain preliminaries and forms required on the introduction of particular bills, both public and private, and to the promulgation of statutes. The most numerous of these relate to private bills, and specify the mode of sign ing and presenting, the time for delivering notices and their nece ary contents, the formalities to be required respecting instruments, and a variety of other particulars. When a resolution is made which is intended to be permanent, it is usual to add the form, " Ordered that the said resolutions be standing orders of the House." Standing orders on private bills are sometimes (but only on special application) dispensed with by the House, or farther time, &.c, given for complying with them. X. Rules of Busine in the two Nouses.— In the Com mons, a house for the transaction of busine consists of forty members, by an order of the year 1640; and, if a le number be present, the speaker will not take the chair. This rule extends to committees of the whole House. The speaker of the House of Commons cannot speak in the House; the speaker of the House of Lords may. A call of the House of Commons is an expedient to secure attendance for an important occasion: when it is made, members absent without leave may be ordered to be taken into custody XII. Privilege of Parliament, in the ordinary sense of the words, denotes the privileges of individual members of either house, enjoyed by virtue of their seats. These privileges are partly limited by known precedent, or by statute; but they are to a great extent customary, and the houses themselves constitute the only tribunals before which the inquiry whether "heir privileges have been violated or not can be instituted. The first privilege is freedom of speech in debates: thi> claim is sanctioned by the statute 2 W. k. M. 2, which declares the liberties of the people. This privilege does not extend to the publication of what Is spoken: If a member publish his speech without the nuthority of the house, he is liable to the common legal tribunals for its contents. An exception to the privilege BUM) Is to be found in the jurisdiction of the house itself; Which has the power of committing, expelling, or lining (the latter not exercised the reign of Elizabeth) a member for a libel or contempt against the dignity of the house. T^ next privilege, of freedom from arrest in civil suits Is probably as old as parliament Itself. Privilege of parliament was formerly supposed to exempt peers and mi D of the House of Commons from civil actions as well rests; but this was finally abolished by 10 V..'.\. This i.» the privilege of peerage, riot of parliament; consequently it extends to Scotch and Iri.-h peers. The exemption does not extend to criminal cases, or breaches of the pence; or to attachments in case of contempt by tire superior court And, by a peculiar proce enacted by 10 G. 3, a member of parliament may be made a bankrupt. Unle the commi ion is super sed i'd within twelve months from its being i ued, he vacates his seat. The liberation of parties improperly arrested iefl ued cither by the authority of the houses themselves, or, when parliament is not sitting, or (in the case of peers) when it is di olved, by writ of pri\ or on motion in the superior courts. The duration of the privilege, in the case of members of the lower house, is not exactly defined. It is the general opinion that it extends forty days after every prorogation, and forty days before the next appointed meeting. Members of parliament are not liable to be called on to serve as jurors during sitting or ad journment. The old privilege of franking was fixed, by 4 G. 3, c. 24, to continue daring the same period which is mentioned as that of freedom from arrest. By 35 G. 3, C. 53, it was restrained to letters within an ounce in weight, and the number to ten sent and fifteen received. It is now altogether abolished. The general or " ancient and just" privileges of the houses are, as has been said, undefined. " The law of parliament,' says Ha Ham, "as determined by regular custom, is incorporated into our constitution; but not so as to warrant an indefinite uncontrollable a umption of power in any case, least of all in judicial rnoceealngs, where the form and e ence of justice are inseparable from each other." Besides the general privilege of parliament, we may here briefly notice the privileges claimed by the two houses, or by members of them, with respect to the conduct of their legislative proceedings. Two privileges peculiar to the House of Lords are, 1. That po e ed by every peer of giving his vote by proxy. (See ante. Rules of busine in the two Houses.) 2. That which he po e es of entering on the journals of the house his di ent from a vote of the house, together with his rea sons for it, which is styled bis protest. The first protests, with reasons annexed, are said by Lord Clarendon to have been made in 1641. Of the peculiar privileges of the House of Commons, the most important is that of originating all money bills; and this, in principle, is a very ancient part of the constitution. But it was not before 16'JO that it was fully established that the lords could not alter, any more than originate, any rate or tax granted by the commons. This privilege is now un derstood under the following limitations: In bills of aid and supply, the lords1can neither originate them nor make any alterations beyond verbal amendments, n301bills which XIII. Adjournment. — An adjournment is a continuance of the se ion from one day to another. This is done by each house for itself, either from day to day, or over a rece ,as at Christmas and Easter. In neither house can the speaker adjourn unle upon motion of the house. The king can signify his desire of an adjournment; but has no further power. XIV. Prorogation of Parliament. — A prorogation is the continuance of parliament from one se ion to another: and is made by the royal authority, either expre ed by the lord chancellor in the king's presence, or by writ under the great seal, or by commi ion. In the proclamation for prorogation,if it is intended that parliament, when next it meets, shall proceed to the despatch of busine , notice is given of that purpose; and such notice bears date usually fort}' days at least before the day appointed for nAting; but, in time of rebellion or danger of invasion, the King is empowered to call together parliament with fourteen days notice only. XV. Di olution of Parliament is effected either, 1. By the iting's will, which i.- the exercise of one of!.; • highest pie, natives: this is usually done by proclamation after parliament has been prorogued. 2. By the demise of the crown; but, by 7 & 8 W. 3, the existing parliament continues six months after that event; a embles immediately, if under prorogation or adjournment; and if there be no parliament at the time, the members of the last parliament are empowered to rea emble themselves. 3. By efflux of time; viz: at the end of every seventh year, if not sooner ■ii*. ilvetl by the Septennial Act, 1 G. 1, s. 2, c. 38. The ■even }ears are counted from the day on which parliament was appointed to meet in the writ of summons. Pa'ruament, or Parlement. (Fr. parlement.) The tille of certain high courts of justice under the old French monarchy. The French parliament, like those of England and Naples, was, in its origin, a convocation of the great va als of the crown, who treated of judicial as well as political matters in their a emblies. Saint Louis was the king who first introduced into this body counsellors of inferior rank, chiefly ecclesiastics, as legal a istants; and the earliest registers of the proceedings of the parliament, which afterwards became fixed at Paris, are of the date of 1254. The important step of rendering that court permanent, and fixing its seat in the capital city, is generally attributed to Philip the Fair (1304): from that time the great barons gradually discontinued their attendance, and the lawyers occupied the higher places and more important functions of the court. The twelve peers of France, however, remained constant members of the parliament, after the other great va als had, by disuse, ceased to be considered as members of it (although they, likewise, in proce of time, ceased to take part in its judicial busine ). The parliament of Paris henceforward remained the chief tribunal of the country until the revolution, with the exception of the short period of its suppre ion by Louis XV., in 1771; but as the great fiefs of the French monarchy were succe ively united to the crown, the supreme feudal court of each was invested with the title and attributes of a parliament. These were fixed nt Toulouse, Grenoble, Bordeaux, Dijon, Besancon, Rouen, Aix, Pau, Rennes, Metz, Douay, Nancy. The most remarkable prerogative exercised by the parliaments is one of which the origin has not been satisfactorily accounted for; that of registering the edicts of the sovereign, and thereby giving them the force of law. M. Mever (Institutions Judiciaires, liv. iv., ch. 9,) supposes that it arose from the character of the parliament, as the court >f the feudal lord of each province: thus, the edict of the king of France was referred to the parliament of Bordeaux, to examine whether it interfered with the special rights and duties of the same sovereign as duke of Guienne, It appears, however, to have been the received doctrine,by the end of the 14th century, that this formality of registration902 was e ential to the validity of an edict in every [s. 909]