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Henry VIII

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No monarch, in fact, was ever a more zealous champion of parliamentary privileges, a more scrupulous observer of parliamentary forms, or a more original pioneer of sound constitutional doctrine. In 1543 he first enunciated the constitutional principle that sovereignty is vested in the "King in Parliament". "We," he declared to the Commons, "at no time stand so highly in our estate royal as in the time of Parliament, wherein we as head and you as members are conjoined and knit together in one body politic, so as whatsoever offence or injury during that time is offered to the meanest member of the House, is to be judged as done against our person and the whole Court of Parliament."[725] He was careful to observe himself the deference to parliamentary privilege which he exacted from others. It is no strange aberration from the general tenor of his rule that in 1512 by Strode's case[726] the freedom of speech of members of Parliament was established, and their freedom from arrest by Ferrers' case in 1543. In 1515 Convocation had enviously petitioned for the same liberty of speech as was enjoyed in Parliament, where members might even attack the law of the land and not be called in question therefor.[727] "I am," writes Bishop Gardiner, in 1547, apologising for the length of a letter, "like one of the Commons' house, that, when I am in my tale, think I should have liberty to make an end;"[728] and again he refers to a speech he made during Henry's reign "in the Parliament house, where was free speech without danger".[729] Wolsey had raised a storm in 1523 by trying to browbeat the House of Commons. Henry never erred in that respect. In 1532 a member moved that Henry should take back Catherine to wife.[730] Nothing could have touched the King on a tenderer spot. Charles I., for a less offence, would have gone to the House to arrest the offender. All Henry did was to argue the point of his marriage with the Speaker and a deputation from the Commons; no proceedings whatever were taken against the member himself. In 1529 John Petit, one of the members for London, opposed the bill releasing Henry from his obligation to repay the loan; the only result apparently was to increase Petit's repute in the eyes of the King, who "would ask in Parliament time if Petit were on his side".[731] There is, in fact, nothing to show that Henry VIII. intimidated his Commons at any time, or that he packed the Parliament of 1529. Systematic interference in elections was a later expedient devised by Thomas Cromwell. It was apparently tried during the bye-elections of 1534, and at the general elections of 1536[732] and 1539. Cromwell then endeavoured to secure a majority in favour of himself and his own particular policy against the reactionary party in the council. His schemes had created a division among the laity, and rendered necessary recourse to political methods of which there was no need, so long as the laity remained united against the Church. Nor is it without significance that its adoption was shortly followed by Cromwell's fall. Henry did not approve of ministers who sought to make a party for themselves. The packing of Parliaments has in fact been generally the death-bed expedient of a moribund Government. The Stuarts had their "Undertakers," and the only Parliament of Tudor times which consisted mainly of Government nominees was that gathered by Northumberland on the eve of his fall in March, 1553; and that that body was exceptionally constituted is obvious from Renard's inquiry in August, 1553, as to whether Charles V. would advise his cousin, Queen Mary, to summon a general Parliament or merely an assembly of "notables" after the manner introduced by Northumberland.

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