The first Parliament of the Kingdom of Great Britain was established in 1707 after the merger of the Kingdom of England and the Kingdom of Scotland.
It was in fact the 4th and last session of the 2nd Parliament of Queen Anne suitably renamed: no fresh elections were held in England or in Wales, and the existing members of the House of Commons of England sat as members of the new House of Commons of Great Britain.
In Scotland, prior to the union coming into effect, the Scottish Parliament appointed sixteen peers and 45 Members of Parliaments to join their English counterparts at Westminster.
Queen Anne did declare it to be expedient that the existing House of Commons of England sit in the first Parliament of Great Britain.
The Parliament of Scotland duly passed an Act settling the manner of electing the sixteen peers and forty five commoners to represent Scotland in the Parliament of Great Britain.
The Kingdom of Great Britain came into existence on 1 May 1707.
The last English parliament officially began on 14 June 1705 and sat for three sessions. The first session met from 25 October 1705 to 19 March 1706, the second from 3 December 1706 to 8 April 1707 and the third from 14 April 1707 to 24 April 1707.
According to a clause of the Act of Union, Anne had until 1 May 1707 to convert the current sitting members of the English parliament into the English members of a British parliament, otherwise she would have to call for fresh elections.
In her closing speech of 24 April 1707, Anne informed the English parliament of her intention to exercise the treaty clause before 1 May and have current members of the English parliament sit in the first British parliament. After the speech, at Anne's command, parliament was prorogued until 30 April.
On 29 April, as promised in her speech, Anne invoked the clause of the Act of Union reviving the parliament by proclamation. In another proclamation on 5 June, Anne listed the Scottish members (16 peers and 45 commissioners) by name and, without issuing new writs of summons, the Queen scheduled the first parliament of Great Britain to meet and be holden on 23 October 1707.
It was not immediately clear, for the purposes of the 1694 Triennial Act, whether the First Parliament of Great Britain would count as a new parliament or as a continuation of the current English parliament that had already sat for two years. Some argued that it was a continuation, as it was not summoned by fresh writs, and thus expected its term would expire 14 June 1708, and it would have to be dissolved and new elections called before the deadline. But others argued that because Anne's proclamation of 29 April did not renew the prorogation of the last English parliament, set to expire on 30 April, then the last English parliament was legally defunct and the First British Parliament was new, and the triennial clock was reset. Although it seems that Marlborough's opinion prevailed, it was not tested as ultimately the First British Parliament would sit through only one session and be dissolved in April 1708, before the triennial deadline.
The matter of continuity remains ambiguous in the records. The authoritative 19th-century parliamentary historian William Cobbett considered the First British Parliament a new and distinct parliament, and separated it from the Anne's last English parliament.
The ambiguity of continuity mattered to the case of John Asgill, a member of parliament for Bramber, elected in 1705, who was arrested on 12 June 1707 and imprisoned at Fleet Prison for debt. Although this was in the interval between the closure of the English parliament and the opening of the British one, Asgill appealed to parliamentary immunity from arrest on the grounds that he was a member of a current parliament. Asgill's appeal was debated in the British House of Commons shortly after opening.
Although the House ended up agreeing, on 16 December, that Asgill had retained immunity in that period, ought to have the privilege, they did not explain why, nor declare precisely of which parliament he was a member at the time of his arrest. Nonetheless, two days after ordering his release, the House voted to expel Asgill on different grounds, authoring a blasphemous book.
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