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
them unalterably by the other house of parliament, was an anomaly that
could hardly rest on any other ground of defence than such a series of
precedents as establish a constitutional usage; while, in fact, it
could not be made out that such a pretension was ever advanced by the
Commons before the present parliament. In the short parliament of
April 1640, the Lords having sent down a message, requesting the other
house to give precedency in the business they were about to matter of
supply, it had been highly resented, as an infringement of their
privilege; and Mr. Pym was appointed to represent their complaint at a
conference. Yet even then, in the fervour of that critical period, the
boldest advocate of popular privileges who could have been selected
was content to assert that the matter of subsidy and supply ought to
begin in the House of Commons.[61]
There seems to be still less pretext for the great extension given by
the Commons to their acknowledged privilege of originating bills of
supply. The principle was well adapted to that earlier period when
security against misgovernment could only be obtained by the vigilant
jealousy and uncompromising firmness of the Commons. They came to the
grant of subsidy with real or feigned reluctance, as the stipulated
price of redress of grievances. They considered the Lords, generally
speaking, as too intimately united with the king's ordinary council,
which indeed sat with them, and had perhaps, as late as Edward III.'s
time, a deliberative voice. They knew the influence or intimidating
ascendency of the peers over many of their own members. It may be
doubted in fact whether the lower house shook off, absolutely and
permanently, all sense of subordination, or at least deference, to the
upper, till about the close of the reign of Elizabeth. But I must
confess that, in applying the wise and ancient maxim, that the Commons
alone can empower the king to levy the people's money, to a private
bill for lighting and cleansing a certain town, or cutting dikes in a
fen, to local and limited assessments for local benefit (as to which
the Crown has no manner of interest, nor has anything to do with the
collection), there was more disposition shown to make encroachments
than to guard against those of others. They began soon after the
revolution to introduce a still more extraordinary construction of
their privilege, not receiving from the House of Lords any bill which
imposes a pecuniary penalty on offenders, nor permitting them to alter
the application of such as have been imposed below.[62]
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