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
remarkable exclusive privilege of originating grants of money to the
Crown, as well as by the language of some passages in the rolls of
parliament relating to them, that no part of the direct taxes, the
tenths or fifteenths of goods, were assessed upon the Lords temporal
and spiritual, except where they are positively mentioned, which is
frequently the case. But as I do not remember to have seen this
anywhere asserted by those who have turned their attention to the
antiquities of our constitution, it may possibly be an unfounded
surmise, or at least only applicable to the earlier period of our
parliamentary records.
These grants continued to be made as before, by the consent indeed of
the houses of parliament, but not as legislative enactments. Most of
the few instances where they appear among the statutes are where some
condition is annexed, or some relief of grievances so interwoven with
them that they make part of a new law.[54] In the reign of Henry VII.
they are occasionally inserted among the statutes, though still
without any enacting words.[55] In that of Henry VIII. the form is
rather more legislative, and they are said to be enacted by the
authority of parliament, though the king's name is not often mentioned
till about the conclusion of his reign;[56] after which a sense of the
necessity of expressing his legislative authority seems to have led to
its introduction in some part or other of the bill.[57] The Lords and
Commons are sometimes both said to grant, but more frequently the
latter with the former's assent, as continued to be the case through
the reigns of Elizabeth and James I. In the first parliament of
Charles I., the Commons began to omit the name of the Lords in the
preamble of bills of supply, reciting the grant as if wholly their
own, but in the enacting words adopted the customary form of statutes.
This, though once remonstrated against by the upper house, has
continued ever since to be the practice.
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