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    642 TheSaturday Anal yst and Leader: ' [...

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    STATE DOCUMENTS. I 1ST compliance with o...

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    BEPORT GJT THE PRIVILEGES OF THE HOUSE O...

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  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

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    : "'¦' . ' •' ., ./:.. - Parliament. ' ....

    subjects in the Ionian Islands , which was read a thirdtime . Inthe House of Commons , the House went into Committee on the Mines Kegulations and Inspection Bill . Mi \ AyBTOir proposed a clause to abolish the " truck" and " butty " system in paying miners , which was agreed to , and the Bill was ordered to be reported to the House . In the House of Commons on Wednesday , on the order for the second reading of the Church-rates Law Amendment Bill , Mr . Httbbaed moved that the order be discharged , pledging himself , if the Government , or some other member did not take up the subject , he

    would do so next session . The motion , after some observations by Mr . Griffith , was agreed to , and the Bill was withdrawn . Sir G . Lewis ' s Highway Bill was read a second time . Mr . Spooxee consented to withdraw the Dealers in Marine Stores Bill , on the understanding that the subject would be inquired into by the Government . The Metropolitan Building Act ( 1855 ) Amendment Bill passed the committee . Other Bills were forwarded a stage without debate , leave was given to bring in certain Bills , and the House adjourned at 5 minutes to 6 o'clock .

    642 Thesaturday Anal Yst And Leader: ' [...

    642 TheSaturday Anal yst and Leader : ' [ July 7 , 1860 .

    State Documents. I 1st Compliance With O...

    STATE DOCUMENTS . I 1 ST compliance with our former announcement , and our original design in the new form of this Paper , of giving nationally important State Documents , in order that they may be conveniently preserved and referred to , we give the following , as certainly coming within the class of documents to be so preserved : —

    Beport Gjt The Privileges Of The House O...

    BEPORT GJT THE PRIVILEGES OF THE HOUSE OF COMMONS . The following Report was presented to the House of Commons on Friday , the 29 th of June , I 860 .: — . The Select Committee appointed to search the journals of both Houses of Parliament , in order to ascertain and report on the practice of each Hou ^ e with regard to the several descriptions of Bills imposing or repealing taxes , have searched the said journals accordingly , and / have agreed to the following Report : — - \ X . Your committee haves searched for precedents in the journals ,

    from the year 1628 to the present time , in order thiifc they might ascertain and report on the practice pursued by either House with regard to the several descriptions of Bills imposing and repealing taxes . The ^ prac tice and the mode of procedure is somewhat different , according to the character and object of those Bill ? . Your committee have , therefore , for the sake of clearness , classified the same , chiefly under one or the other of the following heads : — 1 . Bills of Siipply - and Tax Bills ; 2 . Bills for appropriating Supplies ; ,

    3 . Public Bills- which are not strictly Bills of Supply or Tax Bills , but which operate as a tax or charge on the people ; and 4 . Bills for , altering-or repealing Acts which relate to Supply , Taxes ' , or Charges . . ;¦ .. . ¦ : '¦ ¦'¦' : '¦ . ¦ : i ' - / ' .. . ' ,. . ¦ . - ¦ , : ¦¦ .. ' . ¦ . ' , . . ¦ ' . ¦ Your committee have thought it necessary to call the attention of the House to those cases only in which the Lords have interfered . —HT' ^ gWr ^ oTTrmittee-c ^ — for two reasons—first , because the previous cases are most ably commented on in the great , precedent of 1671 ; and . secondjy . becauso the year 1628 is the year in which the present fornv of granting- the supplies may be said to have been practically established . Bills of Sltpply akd Tax Brtrs ; The Commons grant : the Lords assent .

    III . The most ancient manner of giving aids to the Crown was ly the Lords and Commons , separately from each other , each for themselves only , and without mutual communication . But from a very early period the Lords and Commons joined together , and , since they did so , the fundamental rule has always been—the Commons grunt , the Lords nssent . In the great conferences held with the Lords in 1640 , mid 1671 , and 1691 , reference is made to the " indemnity of the Lords and Commons , " 9 th Henry IV .. 1407 . This precedent is so important that your committee think it rig-ht to give it . in full : — ?• On Wednesday , the 2 d day of December ( 1407 ) , which was the last day of Parliament , the Commons came before the King and the Lords in Parliament , and there , by command of the King 1 , a schedule of indemnity , on a certain altercation that hud happened between the Lords and Commons , was road ; and on this , it was commanded by the King that the said schedule should bo entered

    in record on the roll of Parliament ; the tcnour of which schedule follows : — "Be it remembered that , on Monday , the 21 st day of November , the King our Sovereign Loi'd beinf * in the Council Chamber within the Abhoy of Glooester , there being in his presences the Lords spiritual and temporal in this present Parliament , assembled , it was dis-.

    suffice than a tenth and a half from the cities and boroughs , and a fifteenth and a half from the other lay people ; and , besides to grant a prolongation of the subsidy of wools , hides , and woolfells , and of 3 s : of tonnage and 12 d . of poundage , from the next approaching feast of St . Michael till tho feast of St . Michael two years next ensuing . On which , by c 6 mmaml of the King , a message was . sent to the Commons of this present Parliament that they-should cause to come before the King and the said Lords a certain number ot persons of their body to hear and report to their companions what they should have in command from our Lord the King aforesaid . And on this , the said Commons sent to the presence ot the Jlmg and the said Lords twelve of their companions , to whom , by command of the Kingthe aforesaid question was declared , together

    , with the answer of the said Lords severally given to the same . Which reply it was the will of the King that they should report to the remainder of their companions ; so that they should take steps to conform to the answer of the Lords . Which report being made to the said Commons , they were greatly disturbed , saying and affirming that it was in great prejudice and derogation ot their liberties . And since our Lord the King had become aware of this , not wishing that anything should be done now , or in time to come , which mityht be anvwise turned against the liberty of that estate for whicirthey have come to Parliament , nor ajrainst the hberties the advice

    the Lords aforesaid , he wills , grants , and declares , by and assent of the said Lords , in manner as follows , —that is to say —That it is lawful for the Lords to consider among themselves , m this present Parliament , and in every other in time to come , in the absence of the King , of the state of the Realm , and of the remedies needful for this . And in like manner it is lawful for the Commons on their part to consider among themselves on the same state and remedies . Provided always , that neither the Lords on their part , nor the Commons on ^ theirs , snould make any report to our said Lord the Kin ? , of any * grant , granted by the Commons and assented to by the Lords , nor of the discussions oh the said grant , before that the said Lords and Commons are of one assent and of one

    accord in that matter ; and then in manner and form as is accustomed—that is to say , by the mouth of the . Speaker of the said Commons for the time being ; so thatthe said Lords and Commons shall be agreed with our Lord the King . Besides this , the King wills ; with the assent of the Lords aforesaid , that the discussion m this present Parliament , had as ^ ibove , should not be ; drawn into an examplein time to come , nor beturned ia the prefud'ee or derogation of the liberties of the estate for which the said . Commons are now . come , either in this present ; Parliament nor in any other in timeliereafter . But he wills that they and all the Other estates should be ' as free as they were before . "—( Rolls of Parliament , 9 th Henry IV . No . 21 . ) \ . -

    , .. _ , _ . „ „ IV . It was in 1628 that the preamble of Supply . Bills was , . finally fixed . as we nowfind it : —" Most gracious Sovereign , we your Majesty \ s most faithful Comrnons have { , 'iven ami granted to your M-ajtisty . On the 7 th of June in that year , . . a . committee , consisting- of Sir E . Coke , Mr . Glsmville , Mr . . ' Seldom ; and many others , was appointed to draw the preamble of the subsidy . In the preamble as so . drawn , the Commons only were named , and the Lords omitted . To that omission the Lords took exception . Conferences / w . erii held , but the Connsions adhered to their own form , for " this course was not ^ ui . l ^ J ^ liwtli . i a ^ - TJ . / iiiJ 8 ri _ ii . ^ h e - iiiii-.: a ' . dani 2-erou 5 example in point of

    consequence . '' Ultimately , the Lords passed the Bill without filtering the preamble , but , contrary to usa ^ e , they . retained ^ tho Bill in their House , " to which muchexception was taken . " " . Keveriheless , when the Kingciune "to proi-py-ue Parliament , the Speaker presented it , praying His Majesty ' s lloyul assent unto the Bill spassod both House " * . ' ¦ . , ¦ " ¦ , . V . In the short Parliament o ( v 1 C 10 , the King having- come to the House , of Lords and demanded ' .-i present supply ,- tho Lords requested a conference , which was held on the 25 tlrof April . A question arose whether the Lords could in nny way intcrlere with the Commons relative to tho precedency which supply should , hnvo over other matters . On the 27 th of April the Lords expressed to the Commons ¦ their opinion thatin regard of the urgency and even

    , the necessity of the King ' s affairs , the Commons should begin with giving the King a supply , and a conference was desired on that subject . The conference was held , niter which Mr . Herbert , the Sol ' icitor-Goneriil , reported , among othtir thing's , that the Lords at the conference'hud stated that , " though my Lords would not mocldlc with mutters of subaidy , which belonged naturally ami properly to you , no , not to { jive . you advice therein , but have utterly declined it , yet , 'being 1 members of ono body , and subjects of the same King , and all concerned in the common safety , and in their duty to His Miijcsty , and in ' their zeal and natural love to their

    country , themselves , and their posterity , they have declared by vole , 4 That " they hold ifc most neeostiury and iit that the matter of supply should have precedency before any Other matter ur consideration whatsoever , ' : md therefore desired ' a ' conference with you to let you know their reasons . " Upon this tho Commons reaolved "that , by the matter propounded in the late conference with tlio Lords , tho privily LonMiins voting" , propounding , ami ¦ duclnrinj ? , touching matters of supply ,.. in wueh sort as in containod in this Heporfc , bofore it moved from thia House , is a hrouch of privili ) Ke of this House . "

    ' On . the 27 th of April a committee was appointed to prepare an jiddresa unto the Lords for " righting their privileges . " Themidresfl was prewouted by Mr . Pyni , at a conference held on tho 28 th ot April . In this address Mr . l ' ym hiihI , " Yi » ur LovdshipH , in the last conference , havo heen pieiwcd to uitirm that tho mutter of subsidy and supply naturally belonging to the House of Commons , youv

• Citation
  • Leader (1850-1860), July 7, 1860, page 18, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_07071860/page/18/