The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.
abominable marriage.  Sir John’s reply, as he reported it himself, was sufficiently conclusive:  “I answered that it was a very difficult business to prosecute; that the act, it was understood, had been drawn by Lord Mansfield, the Attorney-general Thurlow, and the Solicitor-general Wedderburn, who, unluckily, had made all persons present at the marriage guilty of felony.  And as nobody could prove the marriage except a person who had been present at it, there could be no prosecution, because nobody present could be compelled to be a witness.”—­THORP’S Life of Eldon, i., 235.]

[Footnote 29:  A protest against the bill, entered by fourteen peers, including one bishop (of Bangor), denounced it, among other objections, as “contrary to the original inherent rights of human nature ... exceeding the power permitted by Divine Providence to human legislation ... and shaking many of the foundations of law, religion, and public security.”—­Parliamentary History, xvii., 391.]

[Footnote 30:  The import duty on wheat was fixed at 6_d_. a quarter on grain, and 2_d_. per cwt. on flour, when the price of wheat in the kingdom should be at or above 48s.; when it was at or above 44s., the exportation was to be altogether prohibited.—­Parliamentary History, xvii., 476.]

[Footnote 31:  See Hallam, “Constitutional History,” iii., 38-46, ed. 1833, where, as far as the imperfection of our early Parliamentary records allows, he traces the origin of the assertion of this peculiar privilege by the Commons, especially referring to a discussion of the proper limits of this privilege in several conferences between the two Houses; where, as on some other occasions, he sees, in the assertion of their alleged rights by the Commons, “more disposition to make encroachments than to guard against those of others.”  A few years before (in 1763), the House of Lords showed that they had no doubt of their right to reject a money-bill, since they divided on the Cider Bill, which came under that description.  As, however, the bill was passed, that division was not brought under the notice of the House.  But in 1783, in the time of the Coalition Ministry, the peers having made amendments on the American Intercourse Bill, “the Speaker observed that, as the bill empowered the crown to impose duties, it was, strictly speaking, a money-bill, and therefore the House could not, consistently with its own orders, suffer the Lords to make any amendments on it, and he recommended that the consideration of their amendments should be postponed for three months, and in the mean time a new bill framed according to the Lords’ amendments should be passed.”  The recommendation was approved by Mr. Pitt, as leader of the Opposition, and approved and acted on by Mr. Fox, as leader of the ministry in that House.  But, at the same time, Mr. Fox fully admitted the right of the Lords to discuss such questions, “for it would be very absurd indeed to send a loan bill to the Lords

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The Constitutional History of England from 1760 to 1860 from Project Gutenberg. Public domain.