Hostname: page-component-848d4c4894-wg55d Total loading time: 0 Render date: 2024-05-13T18:02:26.379Z Has data issue: false hasContentIssue false

Patterns of parliamentary legislation, 1660–1800*

Published online by Cambridge University Press:  11 February 2009

Julian Hoppit
Affiliation:
University College London

Abstract

Before 1689 parliament met relatively infrequently and unpredictably, passing limited amounts of legislation. After that date parliament met annually and enacted a significantly enhanced volume of legislation. By relating attempts to legislate to patterns of acts this transformation is explored at a very general level. Some explanations are advanced, largely by examining institutional arrangements and the subject matter of legislation. Finally, some general observations on the significance of this ‘revolution in parliament’ are advanced.

Type
Articles
Copyright
Copyright © Cambridge University Press 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 All counts of acts in this article are taken from Ruffhead, O. (ed.), Statutes at large…, 18 vols. (17691800)Google Scholar. Firth, C. H. & Rait, R. S. (eds.), Acts and ordinances of the interregnum, 1642–1660, 3 vols. (1911)Google Scholar is a selection, numbering over 1, 300.

2 This is discussed in Lieberman, D., The province of legislation determined: legal theory in eighteenth-century Britain (Cambridge, 1989)CrossRefGoogle Scholar, Introduction. P., Langford's excellent Public life and the propertied Englishman, 1689–1798 (Oxford, 1991)Google Scholar is perhaps the best available discussion of parliament's legislative activities. See also Holdsworth, W., A history of English law, 17 vols. (19221972)Google Scholar, esp. vol. XI.

3 Done by checking the date acts received their royal assent. Session dates are in Fryde, E. B., Greenway, D. E., Porter, S. & Roy, I. (eds.), Handbook of British chronology, 3rd edn (1986), pp. 576–80Google Scholar, with two corrections: the session beginning on 19 May 1685 ended on 20 November 1685, not 2 July (when parliament was adjourned but not prorogued); the session of 14–24 April 1707 must be added. Because compilations of statutes and the Journals sometimes use different regnal years (and none follows precisely Cheney, C. R., Handbook of dates for students of English history (1970), pp. 26–8)Google Scholar, I refer to sessions by their dates.

4 For a discussion of which see Greene, J. P., Peripheries and center: constitutional development in the extended polities of the British empire and the United States 1607–1788 (Athens, Georgia, 1986)Google Scholar; idem, The quest for power: the lower houses of assembly in the southern royal colonies 1689–1776 (Chapel Hill, North Carolina, 1963).Google Scholar

5 A major part of this work was undertaken by Sheila Lambert and she has kindly made her research notes available. For a fuller discussion and details see Hoppit, J. (ed.), Failed legislation, 1660–1800: extracted from the Commons and Lords journalsGoogle Scholar (forthcoming).

6 A bill is taken to have had a physical existence. It is obviously demonstrated by those failures which obtained at least a first reading (52·8 per cent for the period as a whole). Some failed bills, however, fell short of even that hurdle.

7 As in the short session of April 1707 when there were five failures and no acts, giving a success rate of zero.

8 Numerically the role of the royal veto was insignificant; only 12 bills were vetoed in this peirod, the last being by Anne. See also Fryer, C. E., ‘The royal veto under Charles II’, English Historical Review, XXXII (1917), 103–11CrossRefGoogle Scholar. Through the eighteenth century direct royal influence could still occasionally halt bills in their tracks, witness Fox's India bill.

9 On procedure see Lambert, S., Bills and acts: legislative practice in eighteenth century England (Cambridge, 1971)CrossRefGoogle Scholar; Thomas, P. D. G., The house of commons in the eighteenth century (Oxford, 1971), ch. 3Google Scholar; Rees, A. J., ‘The practice and procedure of the house of lords 1714–1784’ (University of Wales Aberystwyth, Ph. D. thesis, 1987)Google Scholar, ch. 3 and appendix 1.

10 Length of sessions is taken from the Journals of the house of commons, noting when the Commons actually met and conducted business (excluding days solely concerned with the consideration of election disputes). Because of holidays and adjournments the dates of sessions imprecisely indicate length. The average length of sessions in days was: 1660–1688, 70·5; 1689–1714, 108·7; 1714–1760, 99·1; 1760–1800, 97·4.

11 The institutionalization of this in the 1690s was partly related to the absence of William and other major figures during the campaigning season – he was out of Britain for 40 per cent of his reign – requiring organizational forethought from both king and parliament. Absences calculated from the dates given in Cook, C. & Stevenson, J., British historical facts, 1688–1760 (Basingstoke, 1988), p. 3CrossRefGoogle Scholar.

12 Many important points are made in Horwitz, H., Parliament, policy and politics in the reign of William III (Manchester, 1977).Google Scholar

13 Some points are made in Ellis, K. M., ‘The practice and procedure of the house of commons 1660–1714’ (University of Wales Aberystwyth, Ph. D. thesis, 1993).Google Scholar

14 Kemp, B., Votes and standing orders of the house of commons: the beginning (1971), p. 6.Google Scholar

15 Williams, O. C., The historical development of private bill procedure and standing orders in the house of commons, 2 vols. (19481949), II, 262.Google Scholar

16 Remembrances: or, a compleat collection of the standing orders of the house of lords in England (1744).Google Scholar

17 Williams, O. C., The clerical organization of the house of commons 1661–1850 (Oxford, 1954), pp. 53–7Google Scholar. See also The minute book of James Courthope, ed. Williams, O. C., Camden Miscellany, XX (1953).Google Scholar

18 The average number of failed initiatives per session was: 1660–1688, 65·3; 1689–1714, 60·1; 1714–1760, 26· 2; 1760–1800, 597.

19 See Lambert, , Bills and acts, pp. 172–80Google Scholar. The numbers of public and private acts were:

20 It is not always easy to tell from the Journals whether a failed initiative had a local or a general significance. If there is a bias it is likely that too many have been counted as general. With acts, where both a full title and text survives, ascription should be more accurate.

21 Maitland, F. W., The constitutional history of England (Cambridge, 1908), p. 382.Google Scholar

22 Hoppit, J., Innes, J. & Styles, J., ‘Towards a history of parliamentary legislation, 1660–1800’, Parliamentary History, XX (1994), 318.Google Scholar

23 I am grateful for the assistance given here by David Hayton and his team at the History of Parliament.

24 Those acts and failed initiatives which addressed more than two subjects have been classed under ‘Miscellaneous’.

25 A number of the developments in the 1690s and 1700s had their origins earlier, in some cases in the Interregnum. See Chandaman, C. D., The English public revenue 1660–1688 (Oxford, 1975)Google Scholar; Roseveare, H., The financial revolution 1660–1760 (1991).Google Scholar

26 See Horsefield, J. K., British monetary experiments, 1650–1710 (1965)Google Scholar; Scott, W. R., The constitution and finance of the English, Scottish and Irish joint-stock companies to 1720, 3 vols. (Cambridge, 19101912)Google Scholar; Davies, K. G., ‘Joint-stock investment in the later seventeenth century’, Economic History Review, IV (19511952), 283301.Google Scholar

27 Binney, J. E. D., British public finance and administration, 1774–92 (Oxford, 1958)Google Scholar; Ehrman, J., The younger Pitt: the years of acclaim (1969), ch. 10Google Scholar; O'Brien, P. K., ‘The political economy of British taxation, 1660–1815’, Economic History Review, 2nd ser. XLI (1988), 132.CrossRefGoogle Scholar

28 Pawson, E., Transport and economy: the turnpike roads of eighteenth century Britain (1977), esp. chs. 3–5Google Scholar raises many important issues concerning turnpike legislation.

29 Turner, M., Enclosures in Britain 1750–1830 (1984), p. 47.Google Scholar

30 This is calculated from the slightly larger sub-category of ‘The land’, a category that was overwhelmingly dominated by enclosure legislation. In 1762/3 the rate was 57·6 per cent.

31 Journals of the house of commons, XXXVIII (17801782), 224.Google Scholar

32 Journals of the house of commons, XXXVIII (17801782), 232, 288.Google Scholar

33 Neeson, J. M., Commoners: common right, enclosure and social change in England, 1700–1820 (Cambridge, 1993), p. 274CrossRefGoogle Scholar. For parliament's handling of enclosure legislation see: Martin, J. M., ‘Members of parliament and enclosure: a reconsideration’, Agricultural History Review, XV (1980), 101–9Google Scholar; Tate, W. E., ‘The Commons Journals as sources of information concerning the eighteenth-century enclosure movement’, Economic Journal, LIV (1944), 7595CrossRefGoogle Scholar; idem, ‘Opposition to parliamentary enclosure in eighteenth-century England’, Agricultural History Review, XIX (1945), 137–42Google Scholar; idem., ‘Parliamentary counter-petitions during enclosures of the eighteenth and nineteenth centuries’, English Historical Review, LIX (1944), 393403.Google Scholar

34 Most of this legislation has been little studied by historians, though divorce and naturalization acts have been – neither were numerically significant. Wolfram, S., ‘Divorce in England 1700–1857’, Oxford Journal of Legal Studies, V (1985), 155–86CrossRefGoogle Scholar; Stone, L., Road to divorce: England 1530–1987 (Oxford, 1990), part XCrossRefGoogle Scholar; Statt, D. A., ‘The controversy over the naturalization of foreigners in England, 1660–1760’ (University of Cambridge, Ph. D. thesis, 1987).Google Scholar

35 Simpson, A. W. B., A history of the land law, 2nd edn (Oxford, 1986), p. 271CrossRefGoogle Scholar. Holdsworth adopts a similar position in his History, XI, 586–94.

36 Some points are in Bond, M., ‘Estate acts of parliament’, History, XLIX (1964), 325–8.CrossRefGoogle Scholar

37 English, B. & Saville, J., Strict settlement: a guide for historians (Hull, 1983), p. 50.Google Scholar

38 Bonfield, L., Marriage settlements, 1601–1740: the adoption of strict settlement (Cambridge, 1983), especially pp. 86–7.CrossRefGoogle Scholar

39 Summarized in Beckett, J. V., The aristocracy in England, 1660–1914 (Oxford, 1986), pp. 5865Google Scholar; Stone, L. & Stone, J. C. Fawtier, An open elite? England 1540–1880 (Oxford, 1984), pp. 86104.Google Scholar

40 Habakkuk, H. J., ‘The rise and fall of English landed families, 1600–1800: II’, Transactions of the Royal Historical Society, 5th ser. XXX (1980), 202.Google Scholar

41 The diary of John Evelyn, ed. de Beer, E. S., 6 vols. (Oxford, 1955), V, 209, 21 May 1695.Google Scholar

42 The parliamentary diary of Narcissus Luttrell 1691–1693, ed. Horwitz, H. (Oxford, 1972), pp. 189, 323.Google Scholar

43 See especially those orders made in 1705 and 1706 in Journals of the house of lords, XVIII (17051709), 20, 70, 105–6, 183–4.Google Scholar

44 See Dickson, P. G. M., The financial revolution in England: a study in the development of public credit 1688–1756 (1967), ch. 2Google Scholar; Brooks, C., ‘Taxation, finance and public opinion, 1688–1714’ (University of Cambridge Ph. D. thesis, 1971)Google Scholar; Holmes, G., British politics in the age of Anne (revised edn 1987), pp. 160–2.Google Scholar

45 Locke, J., Two treatises of government, ed. Laslett, P. (Cambridge, 1991), p. 356Google Scholar; Addison, J., The Freeholder, ed. Leheny, J. (Oxford, 1979), p. 107CrossRefGoogle Scholar; Blackstone, W., Commentaries on the laws of England, 4 vols. (Oxford, 17651769), 1, 156.Google Scholar

46 On the issues raised here see Langford, , Public life, pp. 148–56.Google Scholar

47 This appears to have operated in a number of areas, especially estates, turnpikes and enclosure legislation. But it was not restricted there. See, for example, Shaw, J. M., ‘The development of the poor law local acts 1696–1833 with particular reference to the incorporated hundreds of East Anglia’ (University of East Anglia, Ph. D. thesis, 1989), p. 115Google Scholar; Hitchcock, T. V., ‘The English workhouse: a study in institutional poor relief in selected counties, 1696–1750’ (University of Oxford, D. Phil. thesis, 1985).Google Scholar

48 Public life and discussed in Innes, J., ‘Politics, property and the middle class’, Parliamentary History, XI (1992), 286–92.Google Scholar

49 ‘Landowners… cast their aspirations in local terms, thus significantly decentralizing policy making.’ Thirsk, J., ‘Agricultural policy: public debate and legislation’, in Thirsk, J. (ed.), The agrarian history of England and Wales, V, 1640–1750, part 2, Agrarian change (Cambridge, 1985), 387.Google Scholar

50 J. L., & Hammond, B., The village labourer (1911)Google Scholar; Neeson, Commoners; Thompson, E. P., Customs in common (1991), esp. ch. 3Google Scholar; Munsche, P. B., Gentlemen and poachers: the English game laws 1671–1831 (Cambridge, 1981)Google Scholar; Freeman, M., ‘Popular attitudes to turnpikes in early-eighteenth-century England’, Journal of Historical Geography, XIX (1993), 3347.CrossRefGoogle Scholar

51 Williams, T. N., A compendious digest of the statute law , comprising the substance and effect of all the public acts of parliament in force, from Magna Charta… to the twenty-seventh year of… George III (1787), p. vi.Google Scholar

52 Cay, J., An abridgment of the publick statutes in force and use from Magna Charta… to the eleventh year of… George II, 2 vols. (1739), 1Google Scholar, Preface (no pagination).

53 Veall, D., The popular movement for law reform 1640–1660 (Oxford, 1970)Google Scholar; Lieberman, , Province of legislationGoogle Scholar; Burn, R., The justice of the peace and parish officer, 2 vols. (1755)Google Scholar; Burn, R., The history of the poor laws (1764).Google Scholar

54 This is related to MP's independence and instructions from constituents. Kemp, B., King and commons 1660–1832 (1957), p. 43Google Scholar; Sutherland, L., ‘Edmund Burke and relations between members of parliament and their constituents’, in Sutherland, Politics and finance in the eighteenth century (1984), ch. 13Google Scholar; Kelly, P., ‘Constituents’ instructions to members of parliament in the eighteenth century’, in Jones, C. (ed.), Party and management in parliament, 1660–1784 (Leicester, 1984), pp. 169–89.Google Scholar

55 Important points are made in Handley, S., ‘Local initiatives for economic and social development in Lancashire, 1689–1731’, Parliamentary History, IX (1990), 1437Google Scholar. For other examples see Gauci, P. L., ‘The corporation and the country: Great Yarmouth 1660–1722’ (University of Oxford, D. Phil, thesis, 1991).Google Scholar

56 See Olson, A. G., Making the empire work: London and American interest groups, 1600–1700 (Cambridge, Mass., 1992)Google Scholar; Dietz, V. E., ‘Before the age of capital: manufacturing interests and the British state, 1780–1800’ (Princeton University, Ph. D. thesis, 1991).Google Scholar

57 Journals of the house of commons, XVIII (17141718), 701–63.Google Scholar

58 Dean, D., ‘Pressure groups and lobbies in the Elizabethan and early Jacobean parliaments’, Parliaments, Estates and Representation, XI (1991), 139–52.Google Scholar

59 Forster, G. C. F., ‘Government in provincial England under the later Stuarts’, Transactions of the Royal Historical Society, 5th ser. XXXIII (1983), 2948CrossRefGoogle Scholar; Fletcher, A., Reform in the provinces: the government of Stuart England (New Haven, Connecticut, 1986)Google Scholar; Maddison, M. E. W., ‘The justices of the peace and the administration of local government in the East and West Ridings of Yorkshire between 1680 and 1750’ (University of Leeds, Ph. D. thesis, 1986).Google Scholar

60 Brooks, C. W., ‘Interpersonal conflict and social tension: civil litigation in England, 1640–1830’, in Beier, A. L., Cannadine, D. & Rosenheim, J. M. (eds.), The first modern society: essays in English history in honour of Lawrence Stone (Cambridge, 1989), p. 360Google Scholar. Work in progress by H. Horwitz on chancery proceedings appears to bear this out. The nature of chancery cases heard between 1660 and 1685 can be glimpsed in Cases argued and decreed in the High Court of Chancery, 3rd edn (1730).Google Scholar

61 Beresford, M. W., ‘The decree rolls of chancery as a source for economic history, 1547–c. 1700’, Economic History Review, 2nd ser. XXXII (1979), 110CrossRefGoogle Scholar; Leonard, E. M., ‘The enclosure of common fields in the seventeenth century, Transactions of the Royal Historical Society, n. s. XIX (1905), 101–46.CrossRefGoogle Scholar

62 Adair, E. R., The sources for the history of the council in the sixteenth and seventeenth centuries (1924)Google Scholar; Turner, E. R., The privy council of England in the seventeenth and eighteenth centuries, 1603–1784, 2 vols. (Baltimore, Maryland, 19271928).Google Scholar

63 Andrews, G. M., British committees, commissions, and councils of trade and plantations, 1622–1675 (Baltimore, Maryland, 1908).Google Scholar

64 See for example Privy Council Office. List of unbound papers preserved in the Public Record Office (List and Index Society, vols. XXIV & XXXV, 1967 & 1968)Google Scholar. There is an attempt at a general statistical analysis for the period to 1700 in Hinton, R. W. K., ‘The decline of parliamentary government under Elizabeth I and the early Stuarts’, Cambridge Historical Journal, XIII (1957), 116–32CrossRefGoogle Scholar. For another example of overlap in jurisdiction of the executive and legislature see Gibson, W. T., ‘“Withered branches and weighty symbols”: surname substitution in England, 1660–1880’, British Journal of Eighteenth Century Studies, XV (1992), 1718.Google Scholar

65 Calculated from Biblioteca Lindesiana, vol. v, A bibliography of royal proclamations of the Tudor and Stuart sovereigns and of others published under authority 1485–1714 (Oxford, 1910), 2 volsGoogle Scholar. These statistics will not bear much weight, for the start of a reign routinely saw many proclamations issued. Consequendy, the rate of issuing proclamations will tend to be high in a short reign.

66 Two treatises of government, p. 364.

67 Defoe, D., Defoe's Review, facsimile edn (New York, 1938), 1, 87, 6 May 1704.Google Scholar

68 Landau, N., The justices of the peace, 1679–1760 (Berkeley & Los Angeles, Ca., 1984), part 3.Google Scholar

69 Constitutional history of England, p. 383.

70 He was preoccupied with the quest for rather than the use of power. Colley, L., Namier (1989), pp. 7881.Google Scholar