Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
FIRST, with regard to taxes: it is the antient indisputable privilege
and right of the house of commons, that all grants of subsidies or
parliamentary aids do begin in their house, and are first bestowed by
them[t]; although their grants are not effectual to all intents and
purposes, until they have the assent of the other two branches of the
legislature. The general reason, given for this exclusive privilege of
the house of commons, is, that the supplies are raised upon the body
of the people, and therefore it is proper that they alone should have
the right of taxing themselves. This reason would be unanswerable, if
the commons taxed none but themselves: but it is notorious, that a
very large share of property is in the possession of the house of
lords; that this property is equally taxable, and taxed, as the
property of the commons; and therefore the commons not being the
_sole_ persons taxed, this cannot be the reason of their having the
_sole_ right of raising and modelling the supply. The true reason,
arising from the spirit of our constitution, seems to be this. The
lords being a permanent hereditary body, created at pleasure by the
king, are supposed more liable to be influenced by the crown, and when
once influenced to continue so, than the commons, who are a temporary
elective body, freely nominated by the people. It would therefore be
extremely dangerous, to give them any power of framing new taxes for
the subject: it is sufficient, that they have a power of rejecting, if
they think the commons too lavish or improvident in their grants. But
so reasonably jealous are the commons of this valuable privilege, that
herein they will not suffer the other house to exert any power but
that of rejecting; they will not permit the least alteration or
amendment to be made by the lords to the mode of taxing the people by
a money bill; under which appellation are included all bills, by which
money is directed to be raised upon the subject, for any purpose or in
any shape whatsoever; either for the exigencies of government, and
collected from the kingdom in general, as the land tax; or for private
benefit, and collected in any particular district; as by turnpikes,
parish rates, and the like. Yet sir Matthew Hale[u] mentions one case,
founded on the practice of parliament in the reign of Henry VI[w],
wherein he thinks the lords may alter a money bill; and that is, if
the commons grant a tax, as that of tonnage and poundage, for _four_
years; and the lords alter it to a less time, as for _two_ years;
here, he says, the bill need not be sent back to the commons for their
concurrence, but may receive the royal assent without farther
ceremony; for the alteration of the lords is consistent with the grant
of the commons. But such an experiment will hardly be repeated by the
lords, under the present improved idea of the privilege of the house
of commons: and, in any case where a money bill is remanded to the
Public-domain text, read in full here on John Shaqi.
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