CHAPTER XIX. FEES ON PRIVATE BILLS: FORMERLY PAID, WITH OTHER Early payment of fees in Parliament. FEES were paid in each House of Parliament, both by promoters and opponents of private Bills, in the earliest times of which we have Parliamentary record. This practice may have been brought from the Courts at Westminster by the clerks in Chancery, who, in 1363, were assigned to receive petitions. As these petitions, and proceedings upon them, often raised questions of a judicial as well as a legislative character, it was not unreasonable to require from suitors some contribution toward the expense of maintaining any additional staff which their business made necessary in Parliament. Fees paid by litigants invoking the appel late jurisdiction of the Lords would also naturally lead to similar payments from petitioners in that House, whose prayers for relief could only be settled by private statute. 1 2 Rot. Parl. 275; ante, I. 272. It must be understood that the two Houses have always fixed their own scales of fees, varying from each other both in incidence and amount. It will also be seen that a practice, just in itself, was continually abused by excessive charges, and a vicious system of using fees to supplement salaries, even among the highest officials. temp. inc. In the ancient treatise, "Modus tenendi Parliamenti," which, though not entitled to the antiquity sometimes claimed for it as dating from the Conquest, is found in manuscripts of the fourteenth century, and is shown by contemporary writs and records to be a fairly credible account of the state of Parliament under Edward II.,1 a penny per ten lines is Charge for stated to be the authorized charge made by clerks in Parlia- records in ment for transcripts of Parliamentary records :-" Clerici Parliament, parliamenti non negabunt cuiquam transcriptum processus sui, sed liberabunt illud cuilibet qui hoc petierit, et capient semper pro decem lineis unum denarium, nisi forte facta fide de impotentia, in quo casu nihil capient."2 And then there is a sentence, meant probably as a guide to the length of each line in making this charge: that the Parliament rolls shall be ten thumbs in breadth: "Rotuli de parliamento continebunt in latitudine decem pollices." House of In the Royal letters patent, by which the office of under Clerk of the clerk of the Parliaments used to be granted, the salary was Commons. ten pounds of lawful money of Great Britain, payable halfyearly at the Exchequer, "together with all other rewards, dues, rights, profits, commodities, advantages and endowments whatsoever to the said office, after what manner soever, or however, now or heretofore, anciently appertaining, incident, accustomed, incumbent, or belonging."3 These 1 Stubbs's Select English Charters, 492. 2 In judicial proceedings in the House of Lords poverty has always been recognized as a ground for the remission of fees. 3 Hatsell (II. 266-7) says these letters patent had probably been Fees to clerk of Parlia rewards and emoluments included other customary payments besides those arising from private Bills, which were then comparatively few in number; though Bills which could only by a strained construction be deemed to belong to the class of private measures were made liable to fees. Some of these customary payments to officials in each House may now be mentioned. Fees on proxies were paid by peers to the Gentleman and Yeoman Ushers.1 Black Rod's fees, and those of the Serjeant-at-Arms, appear, however, to have been chiefly derived from delinquents in custody for contempt or other cause. To the clerk of the Parliaments were paid fees on the ments, 1597. first admission of peers. In Queen Elizabeth's reign an Archbishop or a Marquis paid 67. 13s. 4d.; an Earl, 47. 108.; a Bishop or Baron, 21. For every proxy or licence to be absent, a peer paid 30s. At the same date the clerk received a moderate fee of one shilling on each reading of a private Bill; for engrossing each Bill, he also received for the first skin, 33s. 4d., and for every other skin, 6s. 8d.2 On admissions of peers and on private Bills. Contributions assessed from and assist ants, In 1626, the Lords ordered "that every Earl shall give to peers for clerk the clerk 40s., every Viscount 30s., and every Bishop and Baron 20s., as well they that were absent by proxy as they that are present, in respect of his pains in this and former Parliaments. And it is further ordered that every Lord of Parliament, as well they that are absent by proxy as they that are present, shall pay the clerk's two men 10s. between them also, in respect of their pains. And also each Lord is to give unto the gentleman usher of the Black Rod in like manner as to the clerk." This levy in aid of the officials was made on the last day of the Session. and Black Rod. Committal to In 1625, a deputy serjeant-at-arms of the Lords was com clerk went with the Commons, and upon the Commons.'” 11 Lords' Journ. 431. fees, 1625. of 1628-40. mitted to Fleet prison, during the pleasure of the House, for taking undue taking undue fees from a prisoner in custody for contempt.1 On a report from the Committee of Privileges in the following Session, all the officers were ordered to "set down what fees they claim due unto them" for consideration by a Grand Committee. In 1628, a Sub-committee for Privileges was Committees again deputed "to examine what fees are due to all the officers of this House, and to disburse the money in the poor man's box."3 Again, in 1640, upon order by the House, the Grand Committee of Privileges appointed a Sub-committee to examine into "the roll of all the officers' ancient fees in this House." The Grand Committee approved and presented to the House a list of fees reported by their Sub-committee, including the Lord Keeper's fees, which were "to be due and payable in the same manner as they have been accustomed to his predecessors." Upon hearing this report, presented by the Earl of Warwick, "and the roll of fees being read openly before the Lords Spiritual and Temporal, in the High Court of Parliament assembled, it was agreed and ordered by all their lordships that the said fees, entered upon the said roll, are hereby confirmed, and shall be accordingly paid." 4 Included in this roll were, no doubt, the fees usually paid in appeals. House of Members of the Lower House receiving leave of absence Other fees in paid, before quitting the House, a fee of 6s. 8d. to the clerk.5 Commons. Members in custody for non-attendance, and defaulters at calls of the House, also paid fees to the clerk and serjeant." Delinquents taken into custody by order of the House contributed to the same fund. In 1610, Sir Henry Poole reported the allowance agreed on by the Committee for messengers-20s. to the serjeant for summons for every man; 1s. a mile coming and going for the messengers." 13 Lords' Journ. 514. 2 Ib. 572. 3. Ib. 878. 4 4 Ib. 77. 5 1 Com. Journ. 351, 1029. Assessment on members officers. "After much dispute" these charges were allowed.1 The mileage rate here sanctioned continued to be charged till 1864, when it was reduced to 6d. Occasional subscriptions for benefit of were made among members for the benefit of officers, as in the Upper House, and these do not appear to have been voluntary, for in 1641, it was resolved "that every Knight shall pay 20s., and every burgess shall pay 108., to be disposed of, by order of this House, among such officers as they shall think fit, for a reward for their several great pains." These moneys were to be paid in by the following Monday; members who had not then paid were to forfeit double; and Sir Robert Pye and Mr. Glyn were appointed treasurers to give account to the House what moneys they had received, and from whom.2 A Committee was afterwards nominated to consider the distribution of this money among the officers and servants, as well as such other persons as had done service.3 Fees on House of During the Long Parliament, after the final rupture with Ordinances in Charles I., the Lords who still met at Westminster ordered, Lords during "that no private Ordinance do pass this House until the Parliament. parties that are concerned therein do first pay such fees for the Long the same unto the clerk as hath usually been paid upon the passing of private Bills; and all members of this House that do present any Ordinances wherein the advantage or benefit of any private persons is concerned are desired to acquaint such persons herewith, and appoint them first to pay such ancient and accustomed fees as aforesaid to the clerk." Three months afterwards, a Sub-committee of Privileges reported upon the same subject, and the House ordered that the same fees shall be paid to the Speaker and officers, upon each private Ordinance, as upon a private Bill."5 12 Com. Journ. 428; May 14, 1610. 2 Ib. 186; June 24, 1611. 3 Ib. 196. 47 Lords' Journ. 124; January 4, 1644-5. The House of Commons had passed similar resolutions on December 31, 1644. 5 Ib. 319; April 14, 1645. |