Statute Law & Parliamentary Privilege Flashcards
What is Statute law?
Parliamentary laws could only be changed by a future one - parliament holds the sole right to pass laws.
How frequent did parliament meet before the 1530s?
Relatively infrequently - not apparent these religious changes would also occur.
Parliament was the instrument of the monarch and there was little opposition.
Impact of the break from Rome on parliament
Significantly changed the importance of statute law = all monarchs were forced to return to Parli whenever it wished to alter the 1530 religious and political settlement (reinforced by M repeal and E reassertion).
Created a ‘king-in-parliament’ = the most powerful institution (king) acted in conjunction with Parli - in theory, God granted Henry the royal supremacy and the people gave Henry the authority to assert the supremacy through Parli.
Grew more powerful (2nd to monarch). By 1603, it gained the right to legislate on religious change and on the succession - encouraged MPs to believe they could freely discuss the above. However, this was a privilege which Elizabeth constantly attempted to deny.
Parliament rights and privileges
Freedom of speech in the Commons - could speak freely but they couldn’t talk about parliamentary proceedings outside of the House.
Unable to be arrested for debt and couldn’t be prosecuted in the lesser law courts while they were serving as MPs.
Limitations on the MPs regarding freedom of speech
Not granted protection from parliamentary managers = placed by the monarch to keep them informed about discussions - possibly caused the potential parliament-monarch tension over the extent of the freedom of the Commons.
As early as 1523, Thomas Moore made a speech requesting Henry VIII allow MPs to speak freely - the first time a Speaker made such a request.
Commons were already angry over the monarchy’s financial demands - Henry agreed and Parliament was granted the freedom to restrict the amount of tax Wolsey was granted.
Monary rarely faced opposition - patronage meant there was always a group of MPs that owed obedience e.g the monarch.
Introduction of by-elections by Cromwell
When vacancies became available in the Commons whilst Parliament was in session.
Allowed the ruler and their ministers to manipulate who was elected, even where MPs weren’t directly under the control of the Patron, their natural deference to their social superiors (feudal sys) meant they likely did what they were told to do.
Challenges by Parliament
1565 - Mary I
Faced a revolt of MPs refusing to accept a bill that would have confiscated the lands of those exiled from England (mostly reformers).
Seen as an attack on landowner’s rights - MP for Gloucestershire, Sir Kingston locked the doors of the House of Commons, forcing the speaker to take a vote to defeat the bill before Mary I’s supporters could fetch additional support.
Challenges by Parliament
1570s - Elizabeth I
MPs felt their views should be heard about Elizabeth’s marriage and succession. Yet - suppressed debates with Cecil and Walsingham’s help but still faced some challenges.
SIGNIFICANT CHALLENGE in 1576 = Wentworth made a speech in Parliament, attacking her attempts to control Commons discussions. He used ideas of parliamentary privilege to justify his attempts to challenge the religious settlement. Parliament was so embarrassed that they imprisoned Wentworth for a month.
Other MPs also expressed similar concerns about parliamentary management in the 1590s.
Challenges by Parliament
Commons agreed to a bill that allows 2 subsidies to be raised.
Told by Cecil to raise the amounts they were offering, but the Commons felt it should have the sole right to initiate a taxation bill without the Lords’ intervention. MPs felt that they represented the people who’d pay so they should decide. Eventually, the Lords calmed the MPs and they granted the request.
Considered a minor incident = demonstrates the Common’s growing confidence and the need to manage the Commons carefully. Although the 1593 Parliament did what it was told, there was still some protest.
Extent of change in the relationship between Crown and Parliament
Increased numbers of MPs (302 in 1512 to 462 in 1596) led to the need to ‘manage’ parliamentary business.
Additionally, parliament was called more frequently as Parliament legalised the Break from Rome (growing in assertiveness and confidence).
Although relations deteriorated somewhat in the 1590s - Liz retained control over Parli.
No Parliament refused a monarch of tax grants, except trying to limit the amounts (1504 and 1523) or tie it to the discussions of their concerns (marriage in 1566).
Parli’s power certainly increased, but by no means was the most powerful institution.
Examples of change of the relationship
+ 1555 = Mary suffered a brief rebellion - able to reverse break from Rome.
+ 1563 and 1566 = Parli raised an issue about Liz’s marriage and succession, in return for discussing a grant of taxation.
+ 1566 and 1567 = Liz attempted to restrict Parli’s freedom of speech - done to assert her royal prerogative and reduce Parlit’s power.
Examples of change of the relationship
1572 and 1586-87 = Debates on the fate of Mary Queen of Scots, brought on by the Council using Parli to force the indecisive Liz into deciding rather than Commons.
1587 = Imprisoned 2 Puritan MPs, Wentworth and Cape, for their attempts to challenge her religious settlement - demonstrating Parli’s power and its limitations (men were a radical minority and Parli was ultimately controlled by the Monarch).
