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
_Question of the exclusive right of the commons as to
money-bills._--During the interval between these two dissensions,
which the suits of Skinner and Shirley engendered, another difference
had arisen, somewhat less violently conducted, but wherein both houses
considered their essential privileges at stake. This concerned the
long agitated question of the right of the Lords to make alterations
in money-bills. Though I cannot but think the importance of their
exclusive privilege has been rather exaggerated by the House of
Commons, it deserves attention; more especially as the embers of that
fire may not be so wholly extinguished as never again to show some
traces of its heat.
In our earliest parliamentary records, the Lords and Commons, summoned
in a great measure for the sake of relieving the king's necessities,
appear to have made their several grants of supply without mutual
communication, and the latter generally in a higher proportion than
the former. These were not in the form of laws, nor did they obtain
any formal assent from the king, to whom they were tendered in written
indentures, entered afterwards on the roll of parliament. The latest
instance of such distinct grants from the two houses, as far as I can
judge from the rolls, is in the 18th year of Edward III.[50] But in
the 22nd year of that reign the Commons alone granted three fifteenths
of their goods, in such a manner as to show beyond a doubt that the
tax was to be levied solely upon themselves.[51] After this time, the
Lords and Commons are jointly recited in the rolls to have granted
them, sometimes, as it is expressed, upon deliberation had together.
In one case it is said that the Lords, with one assent, and afterwards
the Commons, granted a subsidy on exported wool.[52] A change of
language is observable in Richard II.'s reign, when the Commons are
recited to grant with the assent of the Lords; and this seems to
indicate, not only that in practice the vote used to originate with
the Commons, but that their proportion, at least, of the tax being far
greater than that of the Lords (especially in the usual impositions on
wool and skins, which ostensibly fell on the exporting merchant), the
grant was to be deemed mainly theirs, subject only to the assent of
the other house of parliament. This is, however, so explicitly
asserted in a remarkable passage on the roll of 9 Hen. IV., without
any apparent denial, that it cannot be called in question by any
one.[53] The language of the rolls continues to be the same in the
following reigns; the Commons are the granting, the Lords the
consenting power. It is even said by the court of king's bench, in a
year-book of Edward IV., that a grant of money by the Commons would be
binding without assent of the Lords; meaning of course as to commoners
only, though the position seems a little questionable even with the
limitation. I have been almost led to suspect, by considering this
Public-domain text, read in full here on John Shaqi.
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