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
[62] The principles laid down by Hatsell are: 1. That in bills of
supply, the Lords can make no alteration but to correct verbal
mistakes. 2. That in bills, not of absolute supply, yet imposing
burthens, as turnpike acts, etc., the Lords cannot alter the quantum
of the toll, the persons to manage it, etc.; but in other clauses they
may make amendments. 3. That, where a charge may indirectly be thrown
on the people by a bill, the Commons object to the Lords making
amendments. 4. That the Lords cannot insert pecuniary penalties in a
bill, or alter those inserted by the Commons, iii. 137. He seems to
boast that the Lords during the last century have very faintly opposed
the claim of the Commons. But surely they have sometimes done so in
practice, by returning a money-bill, or what the lower house call one,
amended; and the Commons have had recourse to the evasion of throwing
out such bill and bringing in another with the amendments inserted in
it; which does not look very triumphant.
[63] The last instance mentioned by Hatsell is in 1790, when the Lords
had amended a bill for regulating Warwick gaol by changing the rate to
be imposed from the landowners to the occupiers, iii. 131. I am not at
present aware of any subsequent case, but rather suspect that such
might be found.
[64] See the case of the Earl of Arundel in parliament in 1626. In one
instance the house took notice that a writ of summons had been issued
to the Earl of Mulgrave, he being under age, and addressed the king that
he would be pleased to be sparing of writs of this nature for the future.
20th Oct. 1667. The king made an excuse that he did not know the earl
was much under age, and would be careful for the future. 29th Oct.
[65] Though the proposition in the text is, I believe, generally true,
it has occurred to me since, that there are some exceptions in the
northern parts of England; and that both Sheffield and Manchester are
among them.
[66] It is doubted by Mr. Merewether (_arguendo_) whether Edward and
Mary created so many new boroughs as appears; because the returns
under Henry VII. and Henry VIII. are lost. But the motive operated
more strongly in the latter reigns. _West Looe Case_, 80.
[67] 25 Car. 2, c. 9. A bill had passed the Commons in 1624 for the
same effect, but failed through the dissolution.
[68] Journals, 26th Feb. and 20th March 1676-7.
[69] _Madox Firma, Burgi_, p. 270 _et post_.
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