Images de page
PDF
ePub

article, is, whatever his power may be in other respects, in a state of real dependence.

This is the case of the king of England. He has, in that capacity, and without the grant of his people, scarcely any revenue. He has the prerogative 76 of commanding armies, and equipping fleets-but without the concurrence of his parliament he cannot maintain them. He can bestow places and employments—but without his parliament he cannot pay the salaries attending on them. He can declare warbut without his parliament it is impossible for him to carry it on. In a word, the royal prerogative, destitute as it is of the power of imposing taxes, is like a vast body, which cannot of itself accomplish its motions; or, if you please, it is like a ship completely equipped, but from which the parliament can at pleasure draw off the water, and leave it aground-and also set it afloat again, by granting subsidies.

And indeed we see, that, since the establishment of this right of the representatives of the people to grant, or refuse, subsidies to the crown, their other privileges have been continually increasing. Though these representatives were not, in the beginning, admitted into parliament but upon the most disadvantageous terms, yet they soon found means, by joining petitions to their money-bills, to have a share in framing those laws by which they were in future to be governed; and this 77 method of proceeding, which at first was only tolerated by the king, they afterwards converted into an express right, by declaring, under Henry IV., that they would not, thenceforward, come to any resolutions with regard to subsidies, before the king had given a precise answer to their petitions.

In subsequent times we see the commons constantly successful, by their exertions of the same privilege, in their endeavours to lop off the despotic powers which still made a part of the regal prerogative. Whenever abuses of power had taken place, which they were seriously determined to correct, they made grievances and supplies, to use the expression of Sir Thomas Wentworth, go hand in hand together, which always produced the redress of them. And in general, when a bill, in consequence of its being judged by the commons essential to the public welfare, has been joined by them to a money-bill, it has seldom failed to pass in that agreeable company (a).

(a) In mentioning the forcible use which the Commons have at times made of their power of granting subsidies, by joining provisions of a different nature to bills that had grants for their object, I only mean to shew the great deficiency of that power, which was the subject of this chapter, without pretending to say any thing as to the propriety of the measure. The House of Lords have even found it necessary, (which confirms what is said here), to form, as it were, a confederacy among themselves, for the security of their legislative authority, against the unbounded use which the Commons might make of their power of taxation; and it has been made a standing order of their House, to reject any bill whatsoever, to which a money bill has been tacked.

SECTION II.

Of the Revenue of the Crown.

THE three last sovereigns gave up to the people all their hereditary revenues during their respective lives; her present majesty has done the same; and it has long been the custom, at the commencement of every reign, to grant the king a revenue for his life; a provision which with respect to the great exertions of his power does not abridge the influence of the commons, but yet puts him in a condition to support his crown and dignity, and affords him who is the first magistrate in the nation that independence, which the laws insure also to those magistrates who are particularly interested with the administration of justice.

By statute 1 Will. IV. c. 25, intituled "An act for the support of his majesty's household, and of the honor and dignity of the crown of the United Kingdom," all the hereditary revenues in the United Kingdom, except the duties of excise on beer, ale, and cider, payable in Great Britain, and the yearly sums of 348,000l. and 6,500%. granted in lieu of those duties, also all droits of admiralty or droits of the crown and the West Indian 4 per cent. duties, also the surplus revenues of Gibraltar and other possessions, and other casual revenues of the crown in the United Kingdom and abroad, were surrendered to and made part of the consolidated fund during the life of his late majesty; and after his decease, all such

hereditary revenues, including the duties on beer, ale, and cider, are made payable to his heirs and successors, and in lieu of these revenues his late majesty was granted a net yearly revenue of 510,000l. charged upon the consolidated fund, to be applied in the following manner:-For their majesties' privy purse 110,000l.; for salaries of his majesty's household 130,300%., and for expences thereof 171,500l.; for special and secret service 23,2007.; and for pensions 75,000l. (1).

The queen regnant possesses lands and estates, some in right of her crown, some in right of her duchy of Lancaster, and other possessions, (not including lands held by her in right of the duchy of Cornwall, and other private possessions); but the expenses of government are so great, and the ancient means of supplying them have sunk to so inconsiderable a value; long and frequent wars (2) have left such an accumulation of public debt, that almost all the revenue is raised by taxation; and the annual amount of the civil list has in the late reigns been settled by parliament.

The queen regnant is seised of the duchy of Cornwall and its possessions until she may have a son, who will be by inheritance Duke of Cornwall, without any

(1) By the stat. 1 & 2 Will. IV. c. 11, the present Dowager Queen Adelaide has settled upon her for life an annuity of 100,000l., chargeable upon the consolidated fund; also the mansion at St. James's called Marlborough House, the Rangership of Bushy Park, and the custody of the mansion of the Honor of Hampton Court. At her decease, her representatives are to enjoy the same for one year then

next.

(2) The American war cost one hundred and sixteen millions, which the nation has lost from its capital for ever.

new creation, and subject to no minority with respect to his enjoyment of these possessions (3).

George III. gave up to the public all his hereditary revenues; and the parliament(4) granted him first 800,000%., and subsequently 960,000l. per annum for the support of his civil list; and according to Sir William Blackstone the public was then gainer of 100,000l. per

annum.

From the Report made in December, 1837, by a Select Committee of the House of Commons, it appears that the total amount of the hereditary and temporary revenues of the crown, from the accession of George III. to the accession of her present majesty, arising from the net produce of the customs, excise, post office, and small branches of the hereditary and temporary revenues, and also from the sums settled on the sovereign in lieu of duties on various articles repealed by George II., is 101,338,8777. 10s. 7d., while the total sums received during the same period by the reigning sovereigns in lieu of those revenues, including the sums granted for the civil list debt and the fees from suppressed offices, amount to 69,385,9317. 15s. 10 d., being a gain to the nation during that period of a sum of nearly 32,000,000%.

For the first year and a quarter after the accession of George III., the hereditary and temporary revenues of the sovereign amounted to 886,3817. 10s. Ožd., and the annuity received by the king in lieu of those revenues amounted to 965,5177. 4s. 9 d. The proportion between these revenues and the annuity set

(3) See the juridical argument of the writer upon the case of the Duchy of Cornwall, and Sir W. Clayton, and cases there cited; also the Prince's case, Coke's 8th Report; Lomax v. Holmden, 1 Ves. 294. (4) 44 Geo. 3, c. 80.

« PrécédentContinuer »