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24. Lord Palmerston's second administration (June, 1859) . . 234

25. Earl Russell's second administration (October, 1865) . . . 234

26. Earl of Derby's third administration (June, 1866) . . .236

27. Mr. Disraeli's first administration (1868) 238

28. Defeat of Mr. Gladstone's first administration (March 1873) . 246
Tabular view of the administrations of Great Britain from 1782 to

1880 . 253-258



CHAPTER V.

THE SOVEREIGN.

Supremacy of the Sovereign in the State 259

Responsibility of ministers for all acts of the Crown .... 264

Public acts of the Crown to be transacted through the medium of
responsible ministers .......... 267

Development of the principle of ministerial responsibility . . . 273
Extent of royal interference in affairs of State since the accession of
Queen Anne ........... 275

Character and public conduct of George I. and George II. . . . 276

George III. . . . . .279

,, George IV 283

William IV 285

Queen Victoria 287

Right of the Sovereign in regard to appointments in the royal house-
hold 290

Right of the Sovereign to employ a private secretary .... 294

Constitutional position of a Prince Consort 299

Prince Albert, his character and public service* .... 299



THE FIEST VOLUME. XIX

PAOB

Constitutional position of the Sovereign of Great Britain . . . 305

Personal and moral influence 308

Ceremonial and social functions 300

Opinions of eminent statesmen on this subject 311

Lord Brougham ......... 311

Earl Grey. 313

Earl Derby 313

Influence of the Sovereign in political affairs 315

Right of the Sovereign to select the ministers of State . .316
Constitutional limitations thereto ........ 316

Circumstances under which Parliament may advise the Crown in the

choice of its ministers 317

Restrictions upon the Crown in the choice or dismissal of individual
ministers ............ 323

Precedents of nomination of ministers by the Crown .... 324

Free choice of the Crown in regard to the prime minister . . . 326
Restrained only by the necessity for obtaining the confidence of Parlia-
ment in the new administration ....... 328

Proceedings upon the formation of a new cabinet .... 330

The prime minister empowered to select his colleagues in office . . 331
During a ministerial interregnum, the Sovereign may consult any peer
or privy councillor .......... 334

But whilst a ministry is in office, it should receive the unreserved sup-
port of the Sovereign ......... 335

Cabinet councils not attended by the Sovereign 335

The prime minister the channel of communication between the Sovereign
and the ministry .......... 336

Epistolary form in which ministers address the Sovereign . . . 336
Mode of obtaining the sign-manual to official papers .... 336

Parliamentary authority to dispense with the royal sign-manual in

certain cases 337

Circumstances under which the royal functions may be delegated . 338
Absence of the Sovereign from the realm ...... 338

Proceedings during the illness of George III. ..... 339

Royal prerogative in respect to suits-at-law against the Crown . . 343

Petitions of Right 343

Personal immunity of the Sovereign before all earthly tribunals . . 347
Personal acts and opinions of the Sovereign and Royal Family not

cognizable by Parliament 348

The ' civil list ' granted fur the support of the royal household . . 349
Matters wherein the Sovereign represents the State in dealings with
foreign powers :

1. The right of declaring war, and making peace . . . 351

2. Intercourse with foreign powers ...... 355

3. The right of making treaties ....... 365

4. Interference in the domestic concerns of foreign nations . . 373
Concluding remarks .......... 381



XX CONTENTS OF

CHAPTER VI.

THE ROYAL PREROGATIVE IN CONNECTION WITH PARLIAMENT.

PAGB

The royal prerogative generally 383

In relation to Parliament itself ........ 386

Legislative efforts to facilitate despatch of public business between

both Houses 389-405

Assembling of Parliament '. . 405

Communications between the Crown and Parliament .... 406
The scope and effect of resolutions of Parliament ..... 407

CHAPTER VII.

THE ROYAL PREROGATIVE IN MATTERS OF ADMINISTRATION.

I. General principles which govern the relations between the Crown

and Parliament in matters of administration . . . .414
The right of Parliament to tender advice to the Sovereign . . 414
Responsibility of ministers is in their freedom in exercising the

lawful authority of the Crown 415

Parliamentary control over this right ...... 415

Interference of Parliament by resolutions into details of government

injurious 419

Limits of control, by either House, over the Executive Government 420
Encroachments of the House of Commons . . . . .421
Ministerial measures open to the censure of either House . .421

Precedents illustrating this doctrine 422

II. Practice of Parliament in the appointment of select committees to

enquire into administrative questions 428

Uses to which select committees are applied ..... 428
Motions of concurrence by the House in the results of the enquiries

of select committees not customary 431

Precedents illustrating the appointment and labours of public com-
mittees with the action of Government taken thereon . . 432-439
III. Practice in regard to the granting or withholding, by the Execu-
tive, of information desired by either House of Parliament. . 439
Necessity of Parliament being informed concerning the policy and
proceedings of Government ....... 439

Information that should be granted to, or withheld from, the House 440
Concerning prejudicial debate ....... 441

Premature communication of despatches ..... 441

Confidential reports ......... 442

Circumstances under which papers have been refused by ministers . 443
Information not to be refused on account of the cost and labour of
furnishing returns ......... 443

Precedents of enquiry instituted in the House, and of resolutions
and addresses affecting matters of administration . . 444-450



THE FIRST VOLUME. XXI

PAOB

Ministers the guardians of the rights of private individuals and

companies against parliamentary intrusion 451

Parliamentary ground for ordering papers 453

Summary 453

CHAPTER VIII.

CIRCUMSTANCES UNDER WHICH PARLIAMENT HAS A RIGHT TO
INTERFERE, IN ORDER TO RESTRAIN THE ILLEGAL EXERCISE
OF EXECUTIVE AUTHORITY.

Abuse of executive authority ........ 456

Authority of the Crown in the issue of orders in council and royal
proclamations ........... 457

Limited authority of the Executive in this respect . . . 457
The Crown may declare and enforce the execution of law by pro-
clamation, but cannot add to, alter, or dispense with, any law 459
Jealousy of Parliament iii this respect ..... 460

Orders and proclamations ........ 460

Orders in council ......... 461

When they require the sanction of Parliament .... 462

Proclamations, as distinct from orders in council . . . 462
Control of Parliament over the issue of orders and minutes of council,
and other departmental regulations ....... 464

Minutes ot the Committee of Privy Council on Education . . 465



CHAPTER IX.

LEGISLATION BY PUBLIC DEPARTMENTS.

Control of Parliament over Executive legislation ..... 470
Mode of questioning provisional orders by Parliament . . . .471
When they should be submitted to Parliament for approval . . .471
Parliament the supreme trustee of endowments . . . . .472
Withholding of Royal Assent to educational schemes .... 473
Powers of the commissioners to issue orders under the General

Inclosure Acts 474

Rules made pursuant to the Prisons Act ...... 475

Report on the working of the provisional order system .... 476

Requirements under the Irish Coercion Act of 1881 .... 476

Powers delegated to the commissioners under the Eudowed Schools

Acts 477

Necessary caution of Parliament in entrusting legislative powers . . 482
Curtailment of powers of judicial tribunals ...... 483

Growth of the provisional order legislation ...... 484

Advantages of the system 485

Contracts entered into by public departments ..... 488
Standing order concerning 490



XX11 CONTENTS OF

PAGE

Contracts of conveyance must be approved by the House . . .491
Likewise contracts in excess of grant ....... 493

Remedy against illegal or oppressive acts by ministers of the Crown . 493
Immunity of ministers of Parliament in courts of law .... 494

Unity of responsibility in the cabinet ....... 494

Protection of officials from liability to actions at law .... 495

Constitutional remedy against an executive government by private
individuals who may be wronged ....... 496

Ministers sworn to keep the king's counsel secret ..... 497

Not to divulge the same in a court of law 497

Legal immunity of subordinate officers of State 499



CHAPTER X.

ROYAL PREROGATIVE IN MATTERS ECCLESIASTICAL.

Supremacy of the Crown in Ecclesiastical matters. .... 501
I. Position of the Church of England in the mother-country . . 502
Appellate authority vested in the Crown of England , . . 502
Licence of the Crown necessary prior to the consecration of a

bishop 502

The Crown has not the power to create a new See . . . 603

The Sovereign the ' supreme governor ' 504

Convocations can only assemble by command of the Crown . . 504
II. Position of the Church of England in the colonies . . . 506
Not to be regarded as an established Church in any British

colony ..........

Jurisdiction in the case of Crown colonies ....

In other than Crown colonies ......

Decision of the Privy Council" in the case of Bishop Colenso .

Effect of this judgment

Episcopal Church in Canada

Episcopal Church in New Zealand. .....

III. Position of the Church of England in foreign countries.

IV. Obligations of the Act of Uniformity

IN ew terms of clerical subscription .....



CHAPTER XI.

ROYAL PREROGATIVE CONCERNING THE ARMY AND NAVY.

Jealousy of Parliament of any increase in the army .... 690

Levy and maintenance of the forces 621

The Mutiny Act 522

Army Discipline and Regulations Act 523

Standing army maintained by the consent of Parliament . . . 524
Early settlement of the militia on a constitutional basis . . . 525
Maintenance of volunteer corps 525



THE FIRST VOLUME. XX111

PAQK

Military law 526

Responsibility of ministers for the control of the army and navy . . 527
Security against abuse in the necessary sanction of Parliament . . 529
Absolute power of the Crown to remove officers from the army and

militia 530

Extent of parliamentary investigation and control . . . .531

Precedents of parliamentary enquiry ....... 634

Martial law as defined by Chief Justice Cockburn .... 548

Circular addressed to colonial governors on the subject of martial law . 551
Ministers held responsible when it is resorted to . . . . . 553

Enquiry into the circumstances under which martial law was pro-
claimed bj Governor Eyre in Jamaica ...... 554

Royal Prerogative of Mercy.

The Sovereign the proper person to prosecute for all offences and
breaches of the peace. ......... 654

This prerogative subject to the control of Parliament .... 555

Mode of dealing with a general act of grace, by the House of Lords,

when received from the Sovereign 555

Bills of indemnity may originate in either House ..... 555

The prerogative is strictly confined to criminal offences where the
Crown is a prosecutor ......... 556

The responsible officials for the granting of royal pardons . . . 556
The Home Office a court of review in criminal cases .... 557

The duties of the Secretary of State in the exercise of this prerogative . 557
The Crown cannot remit a portion of a sentence merely . . . 558
But may extend its mercy on what terms it pleases .... 558

The consent of the felon must be given to a change of punishment . 558
Criminal cases come under the notice of the Home Secretary only when
the mercy of the Crown is invoked ....... 559

Lord Brougham on the prerogative of mercy. ..... 560

The issue of proclamations of amnesty . ...... 560

Withdrawal of the exercise of the prerogative of mercy from lieutenant-
governors in Canada 561

Parliament should only interfere in this prerogative under extraordinary

circumstances 561

Enquiries addressed to ministers by members of the House . . . 562
Precedents illustrating the interference of Parliament .... 563



CHAPTER XII.

ROYAL PREROGATIVE IN MATTERS OF JUSTICE.

The Sovereign the fountain of justice and conservator of peace . . 570
But cannot erect a court of justice without the indispensable co-opera-
tion of Parliament . . . . . . . . . . 570

Which has the power to remove judges by address to the Crown . 571
Limits of parliamentary interposition ....... 572



XXIV CONTENTS OF

PAGE

Charges preferred against judges should be submitted to Parliament in

writing ............ 573

Matters subjtidice should not be discussed in either House . . . 573
Conduct of judges not to be lightly impugned ..... 674

Corrupt practices in elections ........ 575

Parliament has the right to demand full information on matters of

administration of justice . . . . . . . . .576

But may not ask for copies of opinions of the law officers of the Crown

to the executive government ........ 576

Judges' notes and coroners' notes can only be produced by consent of

the officer himself .......... 578

The Sovereign and House of Lords have a right to require the opinions

of judges on abstract questions of law ...... 578

Precedents illustrating the procedure of Parliament in abuses concerning

administration of justice 578



CHAPTER XIII.

ROYAL PREROGATIVE IN GRANTING HONOURS AND REWARDS.

This prerogative is exercised on the advice of responsible ministers . 589
Honours should be bestowed by the spontaneous action of the Crown,

not necessarily at the instigation of ministers ..... 589

Exceptional cases admit of the advice of Parliament thereon. . . 590

llule with regard to the acceptance of foreign orders by British subjects . 690
Precedents of parliamentary action taken in the House with regard to

this prerogative .......... 591

In the case of Speakers of the House of Commons .... 592

Parliament has no control over the creation of peers .... 592

A bankrupt peer disqualified from sitting in the House of Lords . . 593

Procedure in resolutions and votes of thanks. . 593



CHAPTER XIV.

ROYAL PREROGATIVE IN GRANTING CHARTERS.

The Crown cannot create corporations with powers which transcend

the law 598

Chartered rights to universities 599

Procedure in founding a college or university 601

Creating local or municipal corporations ...... 601

Royal charters . 601

Private corporations .......... 602

Power of Parliament to dissolve a corporation 603

Precedents illustrating procedure in the House in the affairs of cor-
porate bodies 603



THE FIRST VOLUME. XXV



CHAPTER XV.

ROYAL PREROGATIVE IN REGARD TO OFFICES AND PUBLIC OFFICERS.

PAGE

The Crown has the power to create offices 609

And to choose persons to fill places of emolument and trust . . . 609

Restrictions in the creation of new offices 609

Abuse of patronage 610

Division of officers of the Crown into political and non-political . ,612
Principle of permanence in the civil service ...... 613

A contrast to the American system ....... 613

Appointments, though made in the name of the Sovereign, must be

made through a minister 615

Political patronage 616

Concerning appointments to the Church 618

army and navy 618

judicial offices 619

The system of promotion in the service 621

The extent and distribution of Crown patronage ..... 622
Introduction of competitive examinations .... 623

Appointment of parliamentary officials 627

Necessity of having every public department represented in Parliament . 628
Subordination of all permanent officials to some political head . . 629
The Crown has absolute power to dismiss all public servants holding
office ' during pleasure '......... 629

Permanent officials can only be dismissed for incompetence or misconduct 630
Such officials should abstain from taking an active part in political

contests 631

Fidelity in the public service 632

Exercise of the power of dismissal 635

Employe's not permitted to engage in outside work detrimental to the
interests of the service ......... 636

The justice of pensions and retiring allowances ..... 637

Reports on civil service expenditure ....... 638

Reports on civil service inquiry and organisation 643

Salaries regulated by the Treasury 646

The system of superannuation ........ 650

How pensions are granted 654

Civil list pensions. .......... 656

Allowances to widows and orphans of civil servants .... 657

"Widows and orphans of army and navy officers ..... 658

Summary of this prerogative. ........ 659

Control of Parliament by virtue of the grant of supplies for the main-
tenance of the service ......... 660

Salaries and allowances of the officials of both Houses . . . .661

Precedents illustrating the control, appointment, and dismissal of public
officers . 668



XXVI CONTENTS OF

CHAPTER XVI.

PREROGATIVE IN REGARD TO SUPPLY AND TAXATION.

PAGE

The Crown demands money, the Commons grant it, and the Lords

assent to the grant 689

I. (o^ Restrictions upon Parliament in matters of supply r . . . 690

Supplies only granted on demand of the Crown . J . . . 690
Also petitions for pecuniary relief, or public service . .691
Select committees may not recommend compensation to indivi-
duals without previous sanction by the Crown . . . 692

Bills imposing public charges 693

j Standing orders affecting these Bills 695

Practice of the House of Lords less stringent in regard to pecu-
niary measures ......... 696

Controversy as to the right of the Lords to inquire into public

expenditure 697

Precedents of recommendations involving expenditure by the

Lords 697

Wisdom of the restrictions in the Commons on pecuniary grants 699

Resolutions or addresses incurring expenditure .... 699

Should originate in committee of the whole House . . . 700

When an address is objectionable ...... 701

Increase of a specific grant on the suggestion of the House. . 701

Formal motions to take the sense of the House for a pecuniary aid 702

Precedents illustrating this mode of procedure .... 703

II. (i) Restrictions upon Parliament in matters of taxation . . . 709

Propositions concerning imperial taxes should emanate from

ministers . . 709

But concerning local taxes, may emanate from members . . 710

Precedents. .......... 711

Enquiries of ministers concerning taxation. .... 711

When amendments to government schemes of taxation are in order 711
When it is inexpedient for private members to propose such

questions t 713

Precedentsof motions for the reduction or repeal of particular taxes 714



CHAPTER XVII.

RIGHTS AND PRIVILEGES OP PARLIAMENT, AND ESPECIALLY OF
THE HOUSE OF COMMONS, IN THE GRANT OF MONEY FOR
THE PUBLIC SERVICE.

Grant of supplies by Parliament 722

Question of prize-money 723

The Crown may not receive gifts or raise loans without consent of

Parliament 724

Military reserve fund 724



THE FIRST VOLUME. XXV11

PAGE

Public departments not permitted to dispose of stores without the
sanction of Parliament . . . . . . . . .725

Precedents of advances of money for public works .... 726

Remission of loans or debts require the sanction of Parliament . . 730

Precedents illustrating loans to foreign powers 731

Appointment of the Committee of Supply ...... 732

Sources from which the revenue is derived ...... 732

The Consolidated Fund . . . 733

Gross receipts to be paid into the Exchequer . . . . . 733
Salaries of officials in the revenue departments ..... 736

Permanent grants 737

Annual charges for payment of interest on the unfunded debt . . 738

The unfunded debt . . .738

Resolution governing the presentation of the estimates . . . 739

The estimates 740

Supplementary estimates 742

Precedents of unsuccessful attempts to revise the estimates by select
committees . . . . . ... . . . . 744

Precedents of motions to reduce public expenditure .... 746

Classification, and contents, of the estimates 749

Proceedings in Committee of Supply . . . . . . . 751

Votes in Committee of Supply ....... 754

Motions to reduce or omit an item 755

Money voted only for the current year ..... 756

Votes of credit 757

Votes ' on account '.'....... 758

Increasing or restoring an item . . . . . . . 761

Beneficial effect of debate 762

Controlling influence of the House 763

Precedents of particular items rejected by the House . . 763

Bills involving money charges 765

Addresses for advance of money 766

Votes for contracts of public works ....... 766

military works ....... 767

dockyard works .......

Proceedings of the committee on packet and telegraphic contracts
(1859-60). The Churchward case . . . . . . .771

Proceedings of the committee in the Galway mail contract .
Right of the Commons to refuse the supplies ....

Resolutions of the Committee of Supply reported to the House .

Votes in Committee of Ways and Means

Ways and Means Act .........

Ad interim advances of money ........ 787

The time appointed for the House to resolve itself into a Committee of
Ways and Means .......... 787

The budget 787

Questions put , . . . 789

Measures considered in ........ 790

Taxes may be proposed in Committee of Ways and Means or other
committees . ... . . . . . . 701



XXV1U CONTENTS OF THE FIRST VOLUME.

PAGS

Annual and permanent taxation 791

Due time must be allowed in deliberation of financial questions . . 792
New rates of duty immediately enforced by the government pending

ultimate decision 793

How levied 794

Foreign commodities 795

All financial operations must come under the review of Parliament . 796
Immediate effect given to resolutions on stocks ..... 797
Budgets rejected or amended by the House ...... 797

Do not necessitate a change of ministry 798

Precedents of amended or rejected budgets .... 799
Rights of the Houses of Lords and Commons in regard to the grant of

Supply . . . . . .806

Practice of the House of Lords in Supply 808

The Paper Duties case (1860), illustrating the practice between both

Houses in matters of Supply 809

The Commons include the whole budget resolutions in one Bill . . 814

Nature of money Bills 815

Appropriation Bill .......... 815

Duty of the Speaker of the House of Commons to take oversight in

financial proceedings 816

Appropriation clauses .......... 817

Provisions of the Appropriation Act 818

Procedure upon the Bill ......... 819

INDEX . . 827-844



Table of Abbreviations used in the Foot-notes.



Ad. & Ell Adolphus & Ellis Queen's Bench Eeports.

Adolphus .... History of England under George III.

Am. L. Rev. . . . American Law Review.

Ann. Reg Annual Register.

Best & Smith . . . Queen's Bench Reports.

Bisset The Commonwealth of England.

Black. Mag Blackwood's Magazine.

Blackstone .... Commentaries on the Law of England.

Bro. & Bingham . . . Broderip & Bingham's Common Pleas Reports.

Brod. & Freem.'s Judgments. Broderick & Freemantle's Ecclesiastical Cases.

Broom Leg. Max. . . Legal Maxims.

Const. Law . . . Constitutional Law.

C. & B. . . . . Common Bench Reports.

Campbell's Chan. . . Lives of the Lord Chancellors.

Can. Sess. Pap. . . . Sessional Papers of the Dominion of Canada.

Chan, of the Exch. . . Chancellor of the Exchequer.

Chitty Prerog. . . . Prerogative Law.



TABLE OP ABBREVIATIONS USED IN FOOT-NOTES. XXIX



Clode, Mil. Forces
Col. Pol. .
Com. .
Corn 8 . .
Com. Dig. .
Com. Jour. .
Com. Pap. .
Con. Kev.
Const. Hist.

Prog.

Cooley, Const. Lim.
Cox, Anc. Parly. Elec.

Inst.
Crim. .

De Lolme, Const. .

Dicey .

Dub. Eev. .

Ed. ...

Ed. Eev.

Ell. & B. .

Ency. Brit. .

Eng. Const. .

Fin. Eeforrn Aim.

Forsyth, Const. Law

Fort. Eev. .

Fost. & Fin. .

Fras. Mag. .

Freeman

Govt. of Eng.

Gt. Gov. Fam.

H. of C.

H. of L.

H. of Eep. .

Hale .

Hallam's Const. .

Hans. D.

Hats. Prec. .

Hawkins' P. C.

Hearn, Govt. of Eng.

Hist, of Eng.

Tnst.

Int. Eev.

Irish Stat. Soc. Jour.

Kemble

Knight .

L. E. App. Cases .

Prob. Div.

L. T. Eep. N.S. .

L. Can. J. . .

Law Mag. N.S.

Ld.

Lewis, Admin.

Lords' Pap. .

Mac. Mag.

Mac. & G.

Martin, Pr. Consort

May, Const. Hist. .

Parl. Prac.
Mill, Eep. Govt. .
Mir. of Parl. .
Moore, P. C. C.



Clode Military Forces.

Colonial Policy.

The Commons.

Committee.

Comyn's Digest of the Laws of England.

Journals of the House of Commons.

Sessional Papers of the House of Commons.



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