Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
to stay waste on the estates of private persons, and to secure the
tithes of livings, from which ministers had been ejected, in the hands
of the churchwardens till their title could be tried.[36] They acted,
in short, as if they had a plenary authority in matters of freehold
right, where any member of their own house was a party, and in every
case as full an equitable jurisdiction as the court of chancery.
Though in the more settled state of things which ensued, these
anomalous orders do not so frequently occur, we find several
assumptions of power which show a disposition to claim as much as the
circumstances of any particular case should lead them to think
expedient for the parties, or honourable to themselves.[37]
_Resistance made by the commons._--The lower house of parliament,
which hardly reckoned itself lower in dignity, and was something more
than equal in substantial power, did not look without jealousy on
these pretensions. They demurred to a privilege asserted by the Lords
of assessing themselves in bills of direct taxation; and, having on
one occasion reluctantly permitted an amendment of that nature to
pass, took care to record their dissent from the principle by a
special entry in the journal.[38] An amendment having been introduced
into a bill for regulating the press, sent up by the Commons in the
session of 1661, which exempted the houses of peers from search for
unlicensed books, it was resolved not to agree to it; and the bill
dropped for that time.[39] Even in far more urgent circumstances,
while the parliament sat at Oxford in the year of the plague, a bill
to prevent the progress of infection was lost, because the lords
insisted that their houses should not be subjected to the general
provisions for security.[40] These ill-judged demonstrations of a
design to exempt themselves from that equal submission to the law,
which is required in all well-governed states, and had ever been
remarkable in our constitution, naturally raised a prejudice against
the Lords, both in the other house of parliament, and among the common
lawyers.
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