considered as the request of the nation, and could not, therefore, be regularly presented to the king, for the royal assent, before the two houses had given their authority for that mea

sure.

Such was the original foundation of a maxim, which is now regarded as one of the main pillars of the British constitution; that the king's negative upon bills shall not be interposed, until they have undergone the final discussion of the two houses of parliament; and, as a consequence of this, that he shall not take notice of any bill depending in parliament, until it shall be communicated to him in the usual and parliamentary manner.

The

effect of this maxim, in supporting the democratical part of the government, is now universally admitted; but that it was dictated by a regard to the interest of the people, or from the view of increasing their weight in the exertions of the legislature, there is no reason to believe. It is probable, on the contrary, that the form of procedure abovementioned was thought advantageous, or at least respectful, to the sovereign; as it prevented his being troubled with solicitations to limit his power,

until there was an immediate necessity for it. But in reality, this method of conducting the deliberations of the legislature, was not the fruit of any pre-conceived system of policy, nor the result of any claim of right, either upon the part of the king, or of parliament; it arose merely from the nature of the business under consideration, which was most conveniently brought to an issue in that manner; and as this gave rise to a practice, which was observed with some degree of uniformity, so, in the revolution of ages, the ancient usage, whose utility became daily more observable, was invested with complete legal authority.

It merits attention, however, that what has been observed, concerning the method of ordinary legislation, is not applicable to the imposition of taxes. As the effect of a statute was to ascertain and determine the behaviour of the king, and consequently implied a privilege gained by the people; that of taxation was to bestow some emolument upon the crown, and to lay a correspondent burden upon the nation. An opposite course, therefore, was followed in those two branches of government. The people were understood to be the

prime movers in the former; the king, in the latter. The proposal for a new law proceeded upon a petition from parliament to the crown. The proposal for a new tax proceeded upon a request or solicitation of the crown to parliament. Each of these parties having something to bestow which the other wanted, they both became coy and reserved in their turn, and, by their address and perseverance, were enabled to extort reciprocal advantages. When the king was in want of money, he offered his consent to beneficial regulations, upon condition that certain taxes were imposed. When parliament were about to grant supplies to the crown, they took advantage of its necessities, and as a preliminary article, stipulated the redress of grievances.

Upon this principle, that taxes are granted by parliament, at the desire of the king, is founded a rule, at present, "that the house "of commons shall receive no petition for

any sum of money relating to the public "service, but what is recommended from "the crown." And when a money bill is offered to that house, it is necessary, that the chancellor of the exchequer, or some other

officer of the crown, should declare, "that his

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majesty having been informed of the contents of the said bill, recommends the same "to the consideration of the house*." After this preliminary step, a bill for the imposition of taxes is conducted in the same course, and passes through similar stages, with every other matter which comes under the determination of the legislature.

* See Hatsell's Proceedings in the House of Commons.

CHAP. VII.

Alterations in the State of the ordinary Courts of Justice.

THE reign of Edward the first is no less dis

tinguished by institutions of great importance relating to the distribution of justice, than by those which have been mentioned with regard to the legislative authority; and in both these particulars we may trace back to this period, the introduction of that regular system which we at present enjoy. The chief of those institutions respecting the exercise of the judicial power, and some of the most remarkable consequences with which they were attended, we shall proceed to examine.

SECTION I.

Establishment of the Courts of Common Law, at Westminster.

The aula regis, which, after the Norman conquest, had arisen by degrees out of the high