3.

STANDING ORDERS OF THE COMMONS.

57. [11th June, 1713; 25th June, 1852; 20th March, 1866.] That this House will receive no petition for any sum relating to public service, or proceed upon any motion for a grant or charge upon the public revenue, whether payable out of the Consolidated Fund or out of moneys to be provided by Parliament, unless recommended from the Crown.

58. [29 March, 1707.] That this House will not proceed upon any petition, motion, or Bill, for granting any money, or for releasing or compounding any sum of money owing to the Crown, but in a Committee of the whole house.

60. [22nd February, 1821.] That this House will not proceed upon any motion for an address to the Crown, praying that any money may be issued, or that any expense may be incurred, but in a Committee of the whole house.

61. [21st July, 1856.] That this House will not receive any petition, or proceed upon any motion for a charge upon the revenues of India, but what is recommended by the Crown.

62. [20th March, 1866.] That if any motion be made in the House for any aid, grant or charge upon the public revenue, whether payable out of the Consolidated Fund, or out of moneys to be provided by Parliament, or for any charge upon the people, the consideration and debate thereof shall not be presently entered upon, but shall be adjourned till such further days as the House shall think fit to appoint, and then it shall be referred to a Committee of the whole House before any resolution, or vote of the House do pass therein.

(See Hallam, passim; Porritt, U.H.C. i. 545-564; Anson, L.C. i. 252, ii. 303; Pike, H.L. 334–344.)

III. THE EXCLUSION BILL, 1680.

Whereas James Duke of York is notoriously known to have been perverted from the Protestant to the Popish Religion, whereby not only great encouragement hath been given to the Popish party to enter into and carry on most devilish and horrid plots and conspiracies for the destruction of His Majesty's sacred person and government, and for the extirpation of the true Protestant Religion, but also, if the said Duke should succeed to the Imperial Crown of this Realm, nothing is more manifest than that a total change of Religion within these kingdoms would ensue; For the prevention whereof, Be it therefore enacted. . . That the said James, Duke of York shall be, and is, by authority of this present Parliament, excluded and made for ever incapable to inherit, possess and enjoy the Imperial Crown of this Realm and of the Kingdom of Ireland and the

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Dominions and Territories to them or either of them belonging, or to have, exercise, or enjoy any Dominion, Power, Jurisdiction, or Authority within the same Kingdoms, Dominions, or any of them. And be it further enacted. . . That if the said James, Duke of York, shall at any time hereafter challenge, claim or attempt to possess or enjoy or shall take upon him to use or exercise any dominion, power, authority, or jurisdiction within the said kingdoms, dominions, or any of them, as King or Chief Magistrate of the same, That then he the said James Duke of York, for every such offence shall be deemed and adjudged guilty of high treason, and shall suffer the pains, penalties and forfeitures as in cases of high treason; And further, That if any person . . . whatsoever shall assist, aid, maintain, abet or willingly adhere unto the said James, Duke of York in such his challenge . . . or shall of themselves attempt . . . to bring the said James, Duke of York, into the possession or exercise of any regal power... or shall by writing . . . declare that he hath any right... to exercise the office of King. . . . That then every such person. . . shall undergo the pains, penalties, and forfeitures aforesaid; And ... That if the said James Duke of York, shall . . . come into or within any of the kingdoms or dominions aforesaid, That then shall he . . . suffer the pains, penalties and forfeitures as in cases of high treason And be it further enacted. . . That the said James, Duke of York, or any other person being guilty of any of the treasons aforesaid shall not be capable of.. any pardon otherwise than by Act of Parliament . . . And that it shall and may be lawful to and for all magistrates . . . and other subjects . . . to apprehend and secure the said James Duke of York, and every other person offending any of the premises . . . for all which actings and for so doing they are.. by virtue of this Act saved harmless and indemnified. Provided . . . That nothing in this Act contained shall be construed . . . to disable any person from inheriting . . . the Imperial Crown of the Realms and Dominions aforesaid . . . but that in case the said James Duke of York shall survive his now Majesty . . . the said Imperial Crown shall descend to . . . such persons successively. . . as should have inherited... the same in case the said James, Duke of York were naturally dead. . . . And that during the life of the said James, Duke of York this Act shall be given in charge at every Assizes and General Sessions of the Peace. . . and also shall be openly read in every Cathedral, Collegiate Church, parish Church and Chapel . . . by the several and respective parsons... who are hereby required immediately after Divine Service in the forenoon to read the same twice in every year. . . during the life of the said James, Duke of York.

(The text of the above is given from the version found in the Papers of the House of Lords and printed in H.M.C.R. xi. app. pt. ii. 283, pp. 195– 197. It is headed, "Common's Engrossment of an Act," etc. On the first reading after four days' debate the Bill was rejected by 63 votes to 30. The version printed in A. and S.S.D. is taken from Cobbett's Parlt. Hist. iv. 1136, and differs throughout from that given above, which is probably the original text.)

IV. SUPPLEMENTAL (SUMMARIES MAINLY)

I. THE FRANCHISE.

A. THE REFORM ACT OF 1867 (30 AND 31 VICT. Cap. 102).

An Act further to amend the Laws relating to the Representation of the People in England and Wales.

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Whereas it is expedient to amend the laws relating to the representation of the people in England and Wales, Be it enacted. . . . (The Act not to affect Scotland, Ireland, nor the representation of the Universities of Oxford and Cambridge.)

3. Every man shall . . . be entitled to be registered as a voter and to vote. . . for a member to serve in parliament for a borough who is

qualified as follows;

(1) Is of full age, and not subject to any legal incapacity;

(2) Is on the last day of July in any year, and has during the whole of the preceding twelve calendar months been, an inhabitant occupier, as owner or tenant, of any dwelling house within the borough;

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(3) Has.. been rated as an ordinary occupier.. to all rates made for the relief of the poor. . . .

(4) Has... bona fide paid an equal amount in the pound to that payable by other ordinary occupiers in respect of all poor rates. . . . Provided that no man shall... be entitled to be registered by reason of his being a joint occupier of any dwelling house.

4. Every man shall also be entitled to vote for a borough

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who.

(1) Is of full age and not subject to any legal incapacity;

(2) As a lodger has occupied. . . separately and as sole tenant for the twelve months preceding the last day of July in any year the same lodgings, such lodgings being part of one and the same dwelling house and of a clear yearly value, if let unfurnished, of ten pounds or upwards; (3) Has resided in such lodgings for the twelve months . . . and has claimed to be registered. . . .

5. Every man shall . . . be entitled to be registered as a voter and . . to vote. . . for a member or members to serve in parliament for a county who is qualified as follows;

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(1) Is of full age, and not subject to any legal incapacity, and is seised at law or in equity of any lands or tenements of freehold, copyhold, or any other tenure whatever, for his own life, or for the life of another, or for any larger estate of the clear yearly value of not less than five pounds over and above all rents and charges payable out of or in respect of the same, or who is entitled, either as lessee or assignee, to any lands, or tenements of freehold or any other tenure whatever for the unexpired residue . . . of any term originally created for a period of not less than sixty years. . . of the clear yearly value of not less than five pounds. (Provided that every voter complies with 2 William 4. c. 45.)

6. Every man shall be also entitled to vote who....

(1) Is of full age, etc.

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(2) Is on the last day of July in any year, and has during the twelve months immediately preceding been, the occupier... of lands or tenants within the county of the rateable value of twelve pounds or upwards;

(3) Has... been rated . . . to all rates made for the relief of the poor.... (4) Has... paid all poor rates. . . .

9. At a contested Election for any County or Borough represented by Three Members no Person shall vote for more than Two Candidates.

24. In all future parliaments the university of London shall return one member to serve in Parliament.

25. Every man whose name is for the time being on the register of graduates constituting the convocation of the university of London shall, if of full age, and not subject to any legal incapacity, be entitled to vote in the election of a member to serve in any future parliament for the said university. . . .

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30. The overseers of every parish or township shall make out... a list of all persons on whom a right to vote for a county . . . is conferred by this Act... subject to the same regulations . . . in and subject to which to the overseers of parishes and townships in boroughs are required by the registration acts to make out . . . a list of all persons entitled to vote . . . for a borough in respect of the occupation of premises of a clear yearly value of not less than ten pounds.

51. . . . That the parliament in being at any future demise of the crown shall not be determined or dissolved by such demise, but shall continue so long as it would have continued but for such demise, unless it should be sooner prorogued or dissolved by the crown (i.e. repeals 6 Anne, c. 7).

52. . . . That where a person has been returned as a member to serve in parliament since the acceptance by him from the crown of any office described in schedule (H)... the subsequent acceptance by him from the crown of any other office or offices described in such schedule in lieu of and in immediate succession the one to the other shall not vacate his seat....

Analysis of Schedules (specifying §§ 17-24).

A. List of 38 Boroughs to return only one member in future Parliaments. B. List of 9 New Boroughs to return 1 member; Chelsea (a new borough) to return 2.

C. The Tower Hamlet Borough to be divided into 2 parts, each returning 2 members (i.e. 4 as against 2).

D. List of 13 Counties hitherto returning 2 members each (26 in all), now divided into 35 divisions, each returning 2 members (70 in all).

§ 18. City of Manchester, Borough of Liverpool, Birmingham, Leeds to return 3 not 2 members.

§ 21. Merthyr Tydvil, Salford to return 2 members, not 1.

(Rogers, P.L. iii. 468.)

B. THE REFORM ACT, 1884 (48 VICT. CAP. 3).

An Act to amend the Law relating to the Representation of the People of the United Kingdom.

2. A uniform household and a uniform lodger franchise at elections shall be established in all counties and boroughs throughout the united kingdom, and every man possessed of a household qualification or a lodger qualification shall, if the qualifying premises be situate in a county in England or Scotland, be entitled to be registered as a voter, and when registered to vote at an election for such county, and if the qualifying premises be situate in a county or borough in Ireland, be entitled to be registered as a voter, and when registered to vote at an election for such county or borough.

3. Where a man himself inhabits any dwelling house by virtue of any office, service or employment, and the dwelling house is not inhabited by any person under whom such man serves in such office, employment or service, he shall be deemed for the purposes of this Act and of the representation of the people acts to be an inhabitant occupier of such dwelling house as a tenant. . . .

4. (Restriction on Fagot votes.)

5. Occupation qualification of a clear annual value of not less than £10 made the same for both Boroughs and Counties.

6. The occupation of property in a borough entitling to a vote shall not entitle to a vote for the county.

7. "The household qualification" and "the lodger qualification" to be interpreted as defined in the Reform Act of 1867 and as amended or defined for England, Scotland, Ireland by subsequent Acts; (particularly by the Registration Acts "to assimilate the Law," 48 Vict. c. 15, 16, 17, 1885).

C. ANALYSIS OF THE REDISTRIBUTION OF SEATS ACT

(48 & 49 VICT. C. 23), 1885.

§ 2. 103 Boroughs in the United Kingdom (Schedule i. 1) to cease to return any member. 5 Counties of Cities and Towns to be included in the county at large for representation (i. 2).

§ 3. Macclesfield, Sandwich disfranchised for corruption (i. 3).

§ 4. The City of London to return only 2 members.

Schedule ii. of 36 English, 3 Irish Boroughs to return 1 member, not 2 members.

§ 5. Schedule iii. of Boroughs to have additional members-14 English returning 63 members, 3 Scottish returning 13, 2 Irish returning 8.

§ 6. Schedule iv. New Boroughs created with their representation, viz. :-33 in England returning 56 members.