Jane Marcet

The Difference between Making Laws and Making People Obey Them

"W ELL, Mamma," said Willy, "to-day, you know, you promised to tell me the difference between making laws and governing the country."

"True," replied she: "governing the country consists in executing the laws, that is, in making the people obey them. This is done by the King and his ministers but if the King and his ministers made the laws without consulting the wishes of the people, the people might not like them, or think them just and right, and be unwilling to obey them. So the King gets the people to help him to make the laws, and then it is very fair that they should be compelled to obey the laws they have themselves helped to make, or be punished for disobeying them."

"Oh yes," observed Willy; "I recollect reading in little Arthur's History of England, that the people used to go and help the King to make the laws; but that they found it so troublesome to leave their homes and their families and their business, that they agreed among themselves to choose two persons for every great town, and as many for every county in England, and these persons were to represent all the people of the town or the county, that is, to stand in their place, and help the King to make the laws."

"This was a very good plan," said his Mother; "for the people in general could not go up to London for that purpose, nor could many of those who lived in London spare time to make laws; for, if a man keeps a shop, who is there to take care of it while he is making laws? and if he is a journeyman or day labourer, it is still worse; for it would prevent his earning his livelihood, and his family might be starved."

"But, Mamma," inquired Willy, "do common labourers know how to make laws?"

"Certainly not so well as men of education," replied his Mother; "and as the people know this, they take care to choose for their representatives men of good education, and who have no shop or other occupation to prevent their giving their whole time and attention to the laws. These men," said she, "are called members of Parliament, and sit all together in a large room, called the House of Commons; and there is another large room called the House of Peers, because all the Peers of the country sit in it."

Willy inquired who chose the lords; and his Mother said that they were not chosen, for there was a very old law in England which gave every nobleman a right to sit in the House of Lords as soon as he came of age, that is, was twenty-one years old. But the noblemen of Scotland and Ireland had only a right to choose some of their number, sixteen for Scotland, and thirty-two for Ireland; and these represent the whole of the nobility of Scotland and Ireland, in the same manner as the members of the House of Commons represent the whole of the people of England. These two Houses are called the Parliament; and it is the Parliament, together with the King, who legislate, or make the laws.

"Well, I like the House of Commons best," said Willy; "and I dare say they are the cleverest, are they not, Mamma? For, you know, all the lords sit in the House of Lords, whether they are good or bad, or wise or foolish, only just because they are born lords: now, in the House of Commons, the members are chosen, and of course the people take care to choose the wisest and the best men to represent them."

"On the other hand, you must consider, my dear," said his Mother, "that noblemen, being generally rich, can afford to have good educations, and have time to learn a great deal, if they will but do so. Then, in general, it is men who have distinguished themselves for something remarkable that are made noble. Either a great general, or a great lawyer, or a great statesman: in short, some one who has done great service to his country, and who is rewarded by being made a nobleman. Now, the children of such distinguished men would very naturally try to imitate their father, and would be sadly ashamed of doing any thing that would disgrace him. I know a large family of brothers, whose father was one of the wisest and best men that ever lived: well, his sons were so desirous of imitating his virtues, that I am sure they are all better men than they would have been had their father been an ordinary man.

"Well," said Willy, "I shall try all I can to do like Papa, though he is not a lord."

"Then it is true," continued his Mother, "the children of noblemen are very apt to be spoiled by the flattery of the servants and people about them, and to be proud of their titles and consequence."

"We have three little lords at school," said Willy: "lordlings we call them, whenever they are proud of their titles; so you see, Mamma, we laugh at them sometimes, instead of flattering them. One of them is so stupid, I am sure he will never be able to make laws; another is pretty well, minds his lessons, and does much like the other boys; but you cannot think what a clever boy the other is, Mamma, and so good-natured. Oh, what nice laws he will make when he is grown up!"

"Well," said his Mother, "the parents of these young lords acted very wisely in sending them to school where the boys treat them as equals, and do not flatter and spoil them, as it too often happens when they are brought up at home. I once knew a little lord, who, the first time he went to school, was asked his name by the other boys, and he would not tell it, but said, with an air of superiority, 'I am a lord:' upon which one of the boys, to show how little he cared for lords, knocked him down, saying, 'That is to teach your lordship better manners.' "

"Oh, poor little lord!" said Willy. "However, it served him right; and I dare say he took care not to be proud of his title any more."

"That he did; for he is now one of the noblemen the most distinguished in his speeches in Parliament for his love of freedom and equality."

"But pray, Mamma, tell me how do the Parliament make the laws?"

"When a new law is proposed," said his Mother, "it generally begins in the House of Commons, and there the members consult together about it. Some speak in favour of it, and tell all the good they expect it will do, and others speak against it, thinking it will do more harm than good; but if at last they come to an agreement to make the law, they send it to the House of Lords, and there it is talked over in the same manner as in the House of Commons: if they also agree to it, there is only one more person to consult, that is, the King; and if he consents to it, the law is made; but if he does not, he says Veto.  Are you Latin scholar enough, Willy, to know what that means?"

"Oh yes, Mamma, I have seen it in the grammar: it means I forbid;  but I think it would be very ill-natured of the King to say Veto,  when all the nobles of the House of Lords, and all the members of the House of Commons, agree to it."

"You are mistaken, Willy, for probably they do not all agree to it, but only the greater number: it would be very difficult to get so many men to be of the same opinion, especially when they had been arguing and disputing about it."

"So I thought, Mamma; for I know at school the boys would never agree what game they were to play at, if they were each left to choose; but this is the way we settle it: we make all the boys who choose one game stand on one side, and all the boys who choose another game stand on the other side, and the greater number choose the game."

They do just the same in the two Houses of Parliament, and decide according to the majority, or greater number; and when the two parties are nearly equal, they are counted over to know which is greater."

"That is exactly what we do at school," said Willy. "One of the boys goes round and counts them."

"I wonder," continued Willy (who seemed to acquire consequence from his school being compared to the Houses of Parliament), whether they ever dispute and quarrel as we do, before we decide."

"I must own," said his Mother, "that in some instances they have behaved too much like school boys, but in general their debates are carried on with order and propriety, the great speakers being some of the cleverest and wisest people of the kingdom and there is more eloquence, or beautiful speaking, in the Houses of Parliament, than in any place whatever."

"And does the King go to the Parliament to give his consent to a new law, or to say the terrible word Veto?" 

"Yes; or he may send one of his ministers in his stead. But he generally goes himself, once a year, when the Parliament first meets. He goes then in great state, and sits upon a fine throne in the House of Peers, and then he sends to the members of the House of Commons to desire they will come and hear his speech. Do not you remember, Willy, my taking you once to see the King go to Parliament in a fine gilt coach, drawn by six beautiful cream-coloured horses, all dressed out with blue ribands?"

"Oh yes," replied Willy, "I remember; and a fine sight it was. But why did the King have so many soldiers about his carriage, Mamma? I am sure he could not be afraid the crowd would hurt him, for they cried 'God save the King!' all the way he went, and made hurras almost as loud as the cannon."

"That was to show that they loved him and liked his government; and the guard, which is called a guard of honour, is much more a mark of respect than of protection."

"And what is the King's speech about?" inquired Willy.

"The King tells the Parliament all he has done since last they met; and as soon as he has finished his speech he goes away, that they may be at liberty to talk about it without restraint."

"Oh dear! how much I should like to hear them, Mamma! Do not people go to hear them sometimes?"

"Men do; but women and children, except the sons of members, are not admitted. I often regret this for myself, Willy, but not for you, for it would be impossible at your age to understand them."

"But then, Mamma, could not you explain it to me?"

"We have talked quite enough about the Houses of Parliament to-day, Willy: you must wait till to-morrow, and then I will see what I can do."