Constitutional History of England, Henry VII to George II. Volume 3 of 3 — John Shaqi
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
The originating power as to taxation was thus indubitably placed in
the House of Commons; nor did any controversy arise upon that ground.
But they maintained also that the Lords could not make any amendment
whatever in bills sent up to them for imposing, directly or
indirectly, a charge upon the people. There seems no proof that any
difference between the two houses on this score had arisen before the
restoration; and in the convention parliament the Lords made several
alterations in undoubted money-bills, to which the Commons did not
object. But in 1661, the Lords having sent down a bill for paving the
streets of Westminster, to which they desired the concurrence of the
Commons, the latter, on reading the bill a first time, "observing that
it went to lay a charge upon the people, and conceiving that it was a
privilege inherent in their house that bills of that nature should be
first considered there," laid it aside, and caused another to be
brought in.[58] When this was sent up to the Lords, they inserted a
clause, to which the Commons disagreed, as contrary to their
privileges, because the people cannot have any tax or charge imposed
upon them, but originally by the House of Commons. The Lords resolved
this assertion of the Commons to be against the inherent privileges of
the House of Peers; and mentioned one precedent of a similar bill in
the reign of Mary, and two in that of Elizabeth, which had begun with
them. The present bill was defeated by the unwillingness of either
party to recede; but for a few years after, though the point in
question was still agitated, instances occur where the Commons
suffered amendments in what were now considered as money-bills to
pass, and others where the Lords receded from them rather than defeat
the proposed measure. In April 1671, however, the Lords having reduced
the amount of an imposition on sugar, it was resolved by the other
house, "That in all aids given to the king by the Commons, the rate or
tax ought not to be altered by the Lords."[59] This brought on several
conferences between the houses, wherein the limits of the exclusive
privilege claimed by the Commons were discussed with considerable
ability, and less heat than in the disputes concerning judicature;
but, as I cannot help thinking, with a decided advantage both as to
precedent and constitutional analogy on the side of the peers.[60] If
the Commons, as in early times, had merely granted their own money, it
would be reasonable that their house should have, as it claimed to
have, "a fundamental right as to the matter, the measure, and the
time." But that the peers, subject to the same burthens as the rest of
the community, and possessing no trifling proportion of the general
wealth, should have no other alternative than to refuse the necessary
supplies of the revenue, or to have their exact proportion, with all
qualifications and circumstances attending their grant, presented to
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