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Patterns of parliamentary legislation, 1660–1800*
Published online by Cambridge University Press: 11 February 2009
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.
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1 All counts of acts in this article are taken from Ruffhead, O. (ed.), Statutes at large…, 18 vols. (1769–1800)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. (1922–1972)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.
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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.
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