and punishing the Commons had never, that he knew
of, thought of denying to the Lords. It was something
more than a century ago that the Commons had voted
the Lords a useless body. They had now voted
themselves so.” And it would seem that the
Lords themselves, to a certain extent, retracted this,
their self-denying vote, when, before the end of the
same session, they discussed Burke’s Bill for
Economical Reform, and passed it, though it was a money-bill,
“containing extraneous enactments,” and
as such contravened one of their own standing orders
which had been passed in the beginning of Queen Anne’s
reign, when the system of “tacking,” as
it was called, had excited great discontent, which
was not confined to themselves. The propriety
of rejecting the bill on that ground was vigorously
urged by the only two lawyers who took part in the
debate, the Chancellor, Lord Thurlow, and Lord Loughborough,
whose object was avowedly thus to give a practical
proof that the Lords “had not voted themselves
useless.” But even those who disregarded
their advice fully asserted the right of the peers
“to exercise their discretion as legislators.”
We have noticed this matter on a previous occasion.
The privilege claimed by the Commons, both as to its
origin and its principle, has been carefully examined
by Hallam, who has pointed out that in its full exclusiveness
it is not older than Charles II., since the Convention
Parliament of 1660 “made several alterations
in undoubted money-bills, to which the Commons did
not object."[69] And, though his attachment to Whig
principles might have inclined him to take their part
in any dispute on the subject, he nevertheless thinks
that they have strained both “precedent and
constitutional analogy” in their assertion of
this privilege, which is “an anomaly that can
hardly rest on any other ground of defence than such
a series of precedents as establish a constitutional
usage.” The usage which for two centuries
was established in this case by the good-sense of
both parties clearly was, that the Lords could never
originate a money-bill, nor insert any clause in one
increasing or even altering the burden laid by one
on the people, but that they were within their right
in absolutely rejecting one. But such a right
has a tendency to lapse through defect of exercise;
and we shall hereafter see that “the disposition
to make encroachments,” which in this matter
Hallam imputes to the Commons, has led them in the
present reign to carry their pretensions to a height
which at a former period had been practically ignored
by the one House, and formally disclaimed by the other.