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lows:-1st. That in Bills of Sapply the Lords can make no alteration, but to correct verbał mistakes : and even' these the House of Commons direct to be specially enter ed on the Journals, that their nature may appear (m). 2nd. That in bills not absolutely of supply, yet imposing burthens, as turnpike acts, &c. the Lords cannot alter the quantum of toll, or the persons, commissioners or collectors appointed to manage it*(n) &c. but in the other clauses they may make amendments (0). 3rd. That where a change may be indirectly thrown upon the people by a bill, the Commons object to the Lords making amendments. 4th. That the Lords cannot insert pecuniary penalties in
(m) C. J. v. 92, p. 659; East India Postage Bill.
(n) See C. J. v. 8, p. 112, as to the exclusive right of the Commons' to name Commissioners in bills that charge the people.
(0) See in C. J. v. 37, p. 820, report of the precedents of amendments made by the Lords to Bills of Inclosure, collected by a Committee.
* in the reign of Henry III. 1225, we find (1) that monarch appointing Commissioners for the assessment and collection of the subsidies, granted at the time of his confirmation of the Charter. But in the year 1224, we find (2) the Commons proposing that the supply granted should be placed in one of the King's castles under the custody of four persons, to be appointed by the Parliament-wbo were to see that it was properly expended. These attempts may be con.. sidered as the earliest efforts made use of by the Commons for the establishment of a Parliamentary control over matters of supply.
The earliest instance mentioned in History of persons to whom the examination and custody of the supplies was intrusted, being appointed by Parliament, and called before the House of Commons to account for the same, is that of John Charnels and William de la Pole, in the 14 Edw. III. 1340 (3).
Since the Revolution of 1688, the exclusive right of appropriating the supplies, , as well as of granting them, has remained unquestioned in the Commons, wlio have accordingly the privilege of nominating the Commissioners in all bills to examine or audit the same, without their being altered or amended by the Lords. ;
And it has been declared by a Resolution of the House of Commons-on the 6th of April 1780—which is the summing up of several resolutions of a much earlier date—“That it is competent to this House to examine into and to correct "abuses in the expenditure of the Civil List Revenues, as well as in every other " branch of the public revenue, whenever it shall appear expedient to the wisdom of this House to do so."
And in pursuance of the act 42 Geo. III. ch. 70, Accompis of the Revenue, Expenditure, Debt &c. of Great Britain are required to be annually made up, and laid before both Houses of Parliament, within fourteen days of their meeting.
(1) See the Commission in Rymer's Fødera v. 1, p. 177.
a bill, or alter those inserted by the Commons. Further than this, Mr. Hatsell deprecates an extension of their claims; for those privileges which are undeniably theirs are sufficiently secured to them by the observance of the above rules, and would only be weakened by their asserting others which may be made the subject of doubt and discussion.
But the House of Commons seem to have meditated a Relaxation of relaxation of their privileges in this respect, for, by a recent cerns pecuniary Standing Order (P), it is provided, that in any case where a pecuniary penalty or forfeiture is imposed, varied, or taken away by the Lords—the Speaker shall report to the House before the second reading of the bill or amendments, whether such be intended to impose, vary, or take away, any pecuniary charge or burthen upon the people, or whether it relates only to the punishment or prevention of offences and upon -such report (which must be noted in the Journals) the House shall determine whether they shall insist upon their privileges in this particular case (2).
With respect to Petitions for Publie Money, the House Application for has provided, by a standing order (r) that they will not
...i n w charithors will not Public mouey. receive any application for Public Money that does not come recommended by the Crown,* and that they will not proceed upon any motion, petition or bill for granting any money, or for compounding or releasing any sum of money owing to the Crown, but in a Committee of the Whole House; see further, chap. XII, On Committees.(Committees of Supply and of Ways and Means).
not receive any petition for com. Compounding pounding money due to the Crown without a Certificate Crown.
debts due to the
(D) C. J. 2 June, 1831.
* See Appendix XXU. Form of Memorial to Treasûry, for the consent of the Crown.
Committee of the Whole.
from the proper officers, stating the amount of the debt, what prosecutions have been made for its recovery, and how much of it the petitioner and his surety are able to satisfy-see ante p. 230 as to bills for this purpose.
No petition against a Money Bill then pending, or which has been passed that session, will be received-see
chap. XI. On Petitions. mul originate in Every proposition for taxing the subject, whether the
sole object of the bill, or that of a particular clause only,
The preamble of Bills of Supply should run as follows: Supply Bills.
“ Most Gracious Sovereign, We, Your Majesty's most “ faithful Commons, have given and granted to Your
“ Majesty, &c. Rules respecting The forms observed by the House in the passage of
· Bills of Supply do not differ from those by which Public
Bills in general are regulated, except that printed copies of Money Bills are required, in all cases, to be delivered to the members before their second reading (w)—and that they should not be permitted, on any account, to have two readings on the same day.
When the House is in Committee of the Whole to con
Rules in filling up Blanks,
(8) C. J. 18 Feb. 1667; 29 March, 1707. (t) C. J. 18 Feb. 1667.
. .(20) C, J. y. 68. p. 576.
Which privilego the smallest sum,
sider Bills of Supply, or to fill up blanks of a pecuniary ' nature in any other bill, it is an ancient order of the House
(declared in 1675.) “That when there comes a question “ between the greater or lesser sum, or the longer or shor" ter time, the least sum, and longest time, ought first to “ be put to the question.” And the usage of the House accordingly is, that if two sums are proposed to be granted to the Crown, or for the public service, as for the Army or Navy, if the number of men proposed to be moved be different, or if a larger and smaller tax are proposed together, the Chairman, without considering the smaller sum as an amendment, immediately puts the question with that lesser sum, the fewest number of men, or the smallest tax; and if it he lost, he again puts the question with the next smaller sum proposed. But if the proceeding be in the House on a report, though the alteration proposed is for the lesser sum, it must be proposed as an amendment (a).
The other part of the rule, which gives precedence to And the longest " the longest time” for the liquidation of a sum voted, is thus carried out on a question as to the time of commencement of a tax: The later time at which such tax is proposed to have its beginning, should be put to the question before the earlier, though the earlier was first proposed.
When a new clause of a pecuniary nature has been If amendments found necessary, or when it is desired to increase the amount of any pecuniary matter in the Bill, or in any par-P. ticular clause thereof; the bill or clause must always be re re-committed for that purpose—as no burthen, however small it may be, can, consistently with the above Standing Order, originate but in Committee. But whenever the question has been to lessen the sum proposed, and thereby lighten the burthens of the people, the House has always
are offered in
(z) C. J. 13 Dec. 1742; 12 Mar. 1749; 20 April, 1765,
CHA P. IX.
On Money Bills.
Money Bill, what By a Bill of Supply or Money Bill is meant, any Pub
lic or Private Bill under which money is directed to be raised upon the subject, for any purpose or in any shape whatsoever : whether it be for the exigencies of the state ; for private benefit; or for any particular district or parish, either as taxes, customs, tolls, dues or rates, of any kind.
It has been already shown (a), that the House of Commons, from an early period of its History, has claimed, and been allowed, as an exclusive right, " The grant of all " aids and taxes to the Crown, for the public service” (b).
This privilege had its origin in remote times of Engplies being lish History; it is first traced, says Hume (c), in the times
of the Saxon Heptarchy; and it was recognized and confirmed by the Conqueror in his Coronation Oath* (d). Having been, like many other principles of English liberty, often violated in the stormy times which immediately ensued, it was at length expressly acknowledged and declared by one of the articles of Magna Chartat. This im
Origin and growth of Sup.
given by Parlia. ment.
(a) See ante p. 32.
(o) 3 Hats. 136. (c) Hist. of Richard III.
(d) See Saxon Chronicle, A. D. 1066. * And see also the CARTA REGIS de quibusdam statutis per totam Angliam firmiter observandis, of WILLIAM I. in Rymer's Federa, v. 1 p. l.
† "No Scutage or Aid shall be imposed in our Kingdom unless by the Common “ Council of our Kingdom, except to redeein our person, and to make our eldest "son a Knight, and once to marry our eldest daughter; and for these there shall "only be paid a reasonable aid." MAGNA CHARTA, Article 14. The " reasonable "' aid” was fixed by the Statute of Westminster I. (3 Edw. I, ch. 36.) at twenty shillings for every knight's fee, and as inuch for every twenty pounds value of land held by Soccage. The aid “ to make his son a knight," might be raised when he entered on his fifteenth year; and that “to narry his daughter," wheu she reached the age of seven.