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pnation Bill, it had been customary to abstain irom to be
printing it for the use of members. But as complaints P nnted -
were made of alterations in the wording of the Bill
having been occasionally made which were unknown
to members generally, it was resolved, on March 24,
1863, that henceforth a sufficient number of copies of
all Appropriation Bills should be printed, and delivered
to members applying for the same, in time for consi-
deration before the committal of such Bills. 1 In 1865,
the Appropriation Bill was presented to the House in a
much improved shape. m In 1869, the attention of the
House was directed by a private member to an altera-
tion in the Appropriation Bill, empowering the Treasury
to ' borrow on the credit of the same,' from any quarter
they might think fit, instead of, as in all previous Ap-
propriation Bills, from ' the Bank of England ' only n
While the concurrence of the Lords is necessary to
every Bill of Supply, it has been customary of late years
for such measures to be agreed to by the House of Lords
without amendment or even debate.

When the Appropriation Bill has passed both Tobepre-
Houses, and is ready for the royal assent, it is returned by the
into the charge of the Commons until the time ap- ^j^
pointed for the prorogation of Parliament, when it is royal
carried by the Speaker to the bar of the House of "
Peers, and there received by the clerk of the Parlia-
ment, for the royal assent. When the sovereign is
present in person, the Speaker prefaces the delivery
of the Money Bills with a short speech. 'The main Speech
criterion by which the topics of these speeches have speaker
been selected appears to have been the political import- on P re -

SGntilDfiT

ance of the measures which have employed the attention Money
of the House of Commons during the preceding session, *



1 Hans. D. v. 169, pp. 730, 1863. Ib. v. 198, pp. 1146, 1282.

m Ib. v. 180, p. 717. See ante, p. 806.



THE ROYAL PREROGATIVE.

Presenta- unlimited by any consideration of their progress or their
oney failure.' Even ' the peculiar privilege and concern of
bins. the House of Commons ' has been noticed in such ad-
dresses. 1 *

Referring to the defence made by Mr. Speaker Abbott, in 1813,
of one of such speeches, Sir Erskine May characterised it as ' an act
of indiscretion, if not disorder, which placed him in the awkward
position of defending himself, in the chair, from a proposed vote of
censure. From this embarrassment he was delivered by the kind-
ness of his friends, and the good feeling of the House, rather than
by the completeness of his own defence.' 1

On one occasion some observations of Sir Fletcher
Norton, in his speech on presenting the Supply Bill,
became the subject of remark and complaint in the
House of Commons, on account of their uncourtly
style ; but his friend Mr. Fox, having come to the
rescue, Sir Fletcher was formally thanked by the
House for his speech/ At the close of the Speaker's
address, the Money Bills are tendered for the royal
assent, which they receive before any of the other Bills
awaiting the royal sanction, and in a peculiar form of
words, which acknowledge the supply to be the free
gift of the Commons. 8

On the first day of the Session of 1873, the Speaker of the
Assembly of South Australia presented to the House a formal pro-
test against the action of the ministry, on the closing day of the
previous session, in interfering to prevent him from presenting to
the governor the customary Money Bills for the royal assent.*

Any deviation from the constitutional rule of par-
liamentary appropriation of supplies granted for the
public service is to be regarded with great jealousy.



P Parl. D. v. 27, pp. 479, 481. 1873. App. No. 45, p. 6. Eeso-

And see Colchester Diary, v. 2, in lution of the House thereupon, p. 20.

loco. For statement in regard to Bills

i May, Const. Hist. v. 2, p. 376, ra. which by custom ought to be pre-

T Ib. v. 1, p. 200. sented for royal assent by the

May, Parl. Prac. ed. 1883, p. 090. Speaker, vide Ib. 1872, No. 176.
1 South Australia Parl. Proc.



CONTROL OF PARLIAMENT OVER SUPPLIES. 823

Note the proceedings had, in both Houses, when at a period of
public emergency, in 1734, the Commons were induced to empower
the crown to apply out of the aids of the year such sums as the
exigency of public affairs might require. The Act 7 Geo. IT. c. 12,
12, containing this provision, was protested against by the
House of Lords, and is censured by Hatsell as a measure entirely
subversive of the rules of Parliament in the grant of supplies."

Nevertheless it will sometimes occur as when a minis-
terial crisis has necessitated a speedy dissolution of
Parliament, or when military operations on a large scale Votes of
are about to be undertaken for the defence of the em-
pire, or the prosecution of a foreign war that it is
deemed expedient to entrust the government with
means for carrying on the public service, for a limited
period, by votes of credit for large sums, instead of by
specific appropriations i'or the several branches of pub-
lic expenditure, as in the case of the ordinary supplies.
But this proceeding is only justifiable upon occasions
cf great and unforeseen emergency, which do not admit
of delay ; or which may render it inexpedient for the
House to commit itself to the details of expenditure
-included in the estimates prepared by an existing
ministry whose tenure of office has been condemned.
It is incumbent upon the House, under such circum-
stances, to limit the supply of credit to the bare neces-
sity of the state, for the period which must elapse before
the reassembling of Parliament ; and to require the
sums so granted to be properly accounted for at the
earliest possible period/

But whether the supplies are voted in large sums whether
or in detail, it is equally necessary that they should voted 7 ^
be included in an Act of Appropriation, whereby the tfooorin

/ 1 T 1 1 A "I 1 1 ClGti&llj Sill.

sanction of the three branches of the legislature is Appropn-
given to the expenditure of the money voted by the J^aiiy

House of Commons. necessary.

In 1784 a case occurred which it was feared would have led to



3 Hats. pp. 190, 213. v See ante, p. 758.



&JUUH. a * /.t u i< -M, i *~1 L*~~ ^ c-/> j

824 THE ROYAL PREROGATIVE.

serious consequences. The prime minister, Mr. Pitt, was in a
minority in the House of Commons, and it was well known that he
was only waiting for the supplies in order to dissolve Parliament.
The estimates had passed through the Committee of Supply, when,
on January 12, the House of Commons resolved that anyjublic
No Appro- officer who, in reliance upon the votes in supply, should cause to be
pnation p~aidany sums of money for the public service,~after the prorogation
1784. f Parliament, and without the express authority of an Act of

Appropriation, would be guilty of ' a high crime and misdemeanor,
a daring breach of a public trust, derogatory to the fundamental
privileges of Parliament, and subversive of the constitution.'
Nevertheless, the prorogation and dissolution of Parliament took
place before the passing of the Appropriation Act. The new House
of Commons was favourable to Mr. Pitt's administration, and it
appearing, by returns furnished to the House, that ministers had
abstained from using any moneys not actually granted by law, but
such as the exigencies of the state imperatively required, no further
proceedings were had upon the matter. w The supplies in question
were however re-voted in the next session, and included in the
Appropriation Act 24 Geo. III. Sess. 2, c. 44.

There have been only one or two other instances since the Re volu-
tion of thft pjv\rflg3,tit>n of Parliament before an Act of Appropriation
Or in had been passed. One took place in 1807, when a new Parliament

1 807. which had been in existence only about four months was dissolved,

in the midst of the session, for the purpose of strengthening the
government by an appeal to the country on the question of the
Roman Catholic claims. On this occasion the ordinary supplies had
been voted by the House of Commons, but ' the Irish Money Bills
had not been passed,' and ' none of the sums which had been voted
for the public service were appropriated, for no Appropriation Act
had been passed.' The dissolution of Parliament under these cir-
cumstances was severely commented upon by constitutional autho-
rities in the new Parliament. x The chancellor of the exchequer,
in defending the course pursued by ministers, declared that during
this interval there had been no irregular issue of public money, for
that ' the public expenditure had been maintained out of the sums
appropriated by Parliament ; ' clauses of appropriation having been
inserted in certain Bills passed in the previous session, although
there had been no general Appropriation Act. ' In the issues that
had taken place, therefore, the government had acted according
to law, and under the authority of Parliament.' ? On the death of



" 3 Hataell, 206-209. See the chequer in 1807, on this case. Parl.
comments and explanations of Mr. D. v. 9, p. 631.
Perceval, chancellor of the ex- * Ib. p. 618. > 2b. p. 631.



CONTROL OF PARLIAMENT OVER SUPPLIES. 825

George III. in 1820, the Commons, in anticipation of a dissolution Or in
oJTSHRment, voted certain temporary supplies, which were not 1820.
appropriated by Act of Parliament in that session. Objections were
raised to these votes in the House of Lords, as being an infringe-
ment of the right of their lordships to assent to the grant of supplies ;
but it was ultimately resolved ' that this House, from the state of
public business, acquiesce in these resolutions, although no Act may
be passed to give them effect.' 2 Again, in 1831, owing to the ex- Or in
citement occasioned by the rejection of the Reform Bill in the House 1831 -
of Lords, Parliament was hurriedly dissolved in April, before the
passing of an Appropriation Act. The new Parliament met on
June 14, when all the grants of the former session were re-voted in
Committee of Supply.*



Hans. D. v. 41, pp. 1631-1635. May's Prac. ed. ]883, p. 640, n.



INDEX.



ABE

ABERDEEN, EARL, administra-
tion of, 222, 257

Abstract resolutions, 411, 700

Abyssinian war, report of com-
mittee to enquire into cost of, 757

Account, votes on, 767- 760

Acquisition of territory by the
Crown, consent of Parliament
not necessary to, 373

Act of Settlement, 108
of Uniformity, obligations of, 517

Ad interim advances of money, 787

Adair, Mr., his right to evict his
tenants contested, 582

Addington, Mr., his administration,
147, 254

Addresses to the Crown for advance
of money, 700, 766

Adelaide University, incorporated
powers of, 600

Administration (the): in Parliament,
8, 32, 33 ; how to increase its
strength, 31 ; benefits of a stable,
33 ; of the Marquis of Rocking-
ham, 139; of Lord Shelburne,
140; of Duke of Portland, 142,
157; of Mr. Pitt, 143, 153; of
Mr. Addington, 147 ; of Lord
Grenville, 155 ; of Mr. Perceval,
161; of Lord Liverpool, 168; of
Mr. Canning, 177 ; of Lord Gode-
ricb, 179 ; of Duke of Wellington,
182; of Earl Grey, 188; of Lord
Melbourne, 193, 200; of Sir R.
Peel, 195, 212 ; of Lord Russell,
217, 234; of Lord Derby, 219,
228, 236 ; of Lord Aberdeen, 222 ;
of Lord Palmerston, 224, 234 ; of
Mr. Disraeli, 238 ; of Mr. Glad-
stone, 246 ; annals of, 138-252 ;
tabular view of, 253-258



ARM

Admiralty, conduct of the board in-
vestigated, 534-536, 543, 673

Advances of public money, 726 ;
precedents, 726-730

Advertisement duty, motion to re-
duce, 715

Advice to the sovereign carries re-
sponsibility with it, 118

Afghanistan papers, debate on, 357

Albert, Prince, his character and
public conduct, 299. See also
Consort, Prince

Alexandra, seizure of the, 573 n.

Ambassadors and envoys, office of,
360 ; not to be controlled by Par-
liament, 361

American war, how brought to a
close, 353

Anglo-Saxon nobles, 51
- polity, 49-56, 58

Anne, Queen, personal acts of, 276

Annual charges, 738

Appointments : to office, 615 ; in
the Church, 618 ; in the army and
navy, 618, 619

Appropriation Act, 787, 816, 819;
clause in the Bill of Supply, 817 ;
Bill, procedure upon, 819-825;
presentation of, 821 ; prorogation
of Parliament before passing an,
824

Arbitration in international disputes,
354

Aristocratic element in House of
Commons, 13

Arms, investigation by Parliament
into. 532

Army and navy : subject to minis-
terial control, 121, 527 ; preroga-
tive concerning, 520-554 ; a stand-
ing, maintained by consent of



828



INDEX.



ARE

Parliament, 52 1 , 524 ; Discipline
and Regulation Act, 523; com-
mander of the forces, 528 ; sub-
ject to parliamentary control, 529 ;
absolute power of the Crown to
remove officers of, 530 ; ministe-
rial explanations in exercise of
prerogative concerning, 533 ; pre-
cedents, 533-548 ; secret societies
in, 537 ; enquiries into system of
promotions in, 545 ; Indian officers,
546 ; appointments, how made,
61 H; pensions to widows and
orphans in the, 658 ; grants, au-
thority to use surpluses for de-
ficiencies, 818. See also Troops

Arrow, affair of the, 226

Attorney-general ordered to prose-
cute offenders, 575

Aida Regia, 151-63

Australia, democratic institutions
in, 21



BALANCE of powers under prero-
gative government, 5

Balance, unexpended, surrender of,
759

Banks, Canadian, report of com-
mittee on insolvent, 605

Barber, Mr. W. H., case of, 586

Barons forced to recognise the rights
of the burgesses, 09

Barry, Mr., case of, 678

Barwis v. Keppel, 521 n.

Bath, order of, appointments to, 591

Bath and Wells, case of the bishop
of, 573 n.

Baylis v. Bradley, 30 n.

Beales, Mr. E., case of, 631

Bedchamber question, 20] , 202, 292

Bell, J., case of, 586 n.

Bethell, Mr., case of, 685

Bewicke, Mr., case of, 687

Bills : suspended and resumed at
next session, 388 ; royal veto
upon, 407 ; injunction may be
issued on certain, 605 ; involving
money charges must be recom-
mended by the Crown, 693, 765.
See also Public, Private

Birch's case, 663 n.

Births of eminent statesmen, dates
of, 341

Bisliops, fsee Church of England

Bode, Baron de, case of, 705



CAT

Boroughs (nomination J use of, 13;

in the hands of peers, &c., 125
Boxer, Colonel, case of, 678
Bradley v. Baylis, 30 n.
Bribery practices, investigations into,

575
British coast fortifications, estimates

for contracts, 767-770

Museum, estimates, 751

subject, rights of, 366, 379
Bromley, Sir R., case of, 637 n.
Brougham, Lord, on a weak minis-
try, 32 ; on the kingly office,
311 ; resolutions on prerogative of
mercy, 566

Brudenell, Lord, case of, 540
Budget : local, 728 ; introduction of
the, 787-790 ; questions upon the,
789 ; measures considered in the,
790 ; amended and rejected by
the House, 797-799 ; precedents
of, 799-806 ; the whole resolutions
included in one Bill, 814; final
statement of estimated revenue
and expenditure, 820. See also
Estimates



CABINET : the connecting link be-
tween Crown and Parliament, 3;
made responsible to Parliament,
104, 106 ; not to withhold advice
from the sovereign, 158 ; objec-
tion to appointing contending in-
terests in formation of, 166 ;
Council, 323 ; council not attended
by the sovereign, 335 ; unity of
responsibility in, 494. See also
Sovereign, Ministers

Canada, debates on military defence
of, 436 n.

Canning, Mr., his administration,
177, 255, 327 ; case of, as ambas-
sador, 361

Canton, affair of the Arrow at, 226

Cape of Good Hope and Zanzibar
mail contract, 777

Capital sentence, remission of, 558-

569

- punishment, report of committee
on, 558 n.

Caroline, Queen, case of, 128-130

Castro v. the Queen, 574 .

Cathedrals, report of committee on
state of, 433

Catholic question, 123, 124, 127,



INDEX.



829



CAT

146,160, 152, 153,155-157,163,
165, 172, 174, 175, 177, 184, 185,
215

Cattle plague, legislation on the,
410

Certificates, Bill to reduce duty on,
715

Cession of territory by the Crown,
372

Chambers: legislative, arguments in
favour of two, 39 n. ; 43 . ; ditto
in favour of a single, 40 n. ; origi-
nally sat together, 71

Chaplains to House of Commons,
665

Charges, annual, 738

Charles I. and the House of Com-
mons, relations between, 96 ; his
execution, 98

Charters, prerogative in granting,
598-608 ; to universities, 599, 600

Chartist prisoners, 566

Checks and balances in government,
a paper on futility of, 7 n.

China, enquiry into mortality of
troops in, 547

Church of England : legal position
of, 502-519 ; in England, 502 ; the
sovereign the supreme governor
of, 504 ; in the colonies, 606 ;
_in Canada, 513; in foreign lands,
616; Act of Uniformity, 517;
patronage, how distributed, 618 ;
increased accommodation in the
country, motions on, 708

Churchward and Jenkins, contract
case of, 754, 772-776

Civil contingencies, 730

list, 349, 350, 656

service : principles of perma-
nence in, 613 ; American system,
613, 614 ; nominations, 621 ; pro-
motions, 621 ; competitive exami-
nations, 623, 626: appointments,
625 ; must not engage in politics,
631, 633, 649; fidelity in, 632;
exercise of franchise by, 632, 634 ;
power of dismissal from, 629-631,
635 ; work outside of office, 636 ;
pensions, 637 ; expenditure, 638-
642 ; organisation, 643 ; report of
a commission on, 643- 645, 676 ;
regulation of salaries, 646, 648,
661-667, 679 ; ex-officials subject
to recall, 647 ; political influence
on behalf of, forbidden, 649 ; pen-



COM

sions to widows and orphans,
657; estimates, 743, 750, 751-
753, 759, 761. See also Public
officers

Clerks, the, of both Houses, 628
Coalition (the) ministry, 1783, 142

definition of, 237

Coast fortifications, contracts for,

767-770

Cochrane, Lord, case of, 585
Cockburn, Chief Justice, charge in

the case of Nelson and Brand,

548-551

Colenso controversy, 508-510
Colleges, see Universities.
Collier, Sir A. P., case of, 678
Colonial defences, 435

bishops, 511, 515

Church, position of the, 506
Colonies, Church of England in,

506-516

Combermere v. Dickson, 347 n., 498 n.

Commander-in-Chief, office of, 122, "7 9
528 ; motion to reduce salary of,
671

Commissions of enquiry, 431

Committee of Supply, 751 ; dis-
cussion on military and naval
estimates before first vote, 762 ;
civil service, estimates in, 752.
See also Supply

Committees: intrusions of, in con-
cerns of executive government,
419 ; select, on public questions,
428-439 ; nature and construction
of, 429, 430; result of enquiries
of, 431 ; precedents of proceedings
of committees, 432-439 ; have not
power to recommend compensation
to individuals for losses unless by
previous sanction of the Crown,
692; in Cape of Good Hope,
cannot recommend grants of land,
699

Commons, House of: relations be-
tween House of Lords and, 37 ;
position of the, 43; decides the
fate of ministries, 44 ; rising power
of the, 71, 72 ; when its power
was fully attained, 73 ; early
efforts to check the Privy Council,
76; advise increase of the Coun-
cil, 79 ; emancipated from control
of the Crown by abolition of
nomination boroughs, &c., 136;
right to express opinion on choice



850



IXDEX.



COM

of ministers by the sovereign,
197 ; right to advise the Crown,
417 ; defects of, 418 ; encroach-
ments of, 421 ; cannot lay restric-
tions on exercise of royal preroga-
tive, 425; does not vote money
unless required by the Grown,
689 ; and only on application of
the Crown, 699 ; resolution or
address in favour of particular
expenditure, 699

Commune concilium regni, 60, 65

Competitive examination, system of,
623, 626

' Confederate Rams,' case of, 574 n.

Confidential reports, 442; papers
withheld from Parliament, 359,
360

' Conservative ' and ' Liberal,' origin
of terms, 137 n.

Consolidated Fund, 733, 737

Consort, Prince, death of the, 288 ; his
aid to the Queen, 289 ; household
of, 293 ; as private secretary to
the Queen, 298 ; constitutional
position of, 299-304 ; his services,
304

Constitution : contrast between
theory and practice of the, 6 ;
Mr. Disraeli on the, 25; growth
of, 104 ; denned, 384

Constitutional government: defini-
tion of, 1 ; development, 69 ; re-
view of the history of, from
Norman Conquest to William of
Orange, 102; Epoch of 1782,
138

Contracts: entered into by public
departments, 488-493 ; control of,
by Parliament, 488, 490, 766-
784 ; standing orders concerning,
490 ; that require approval of
House of Commons, 493 ; for pub-
lic service, in excess of estimates,
766, 768 ; require sanction of Par-
liament, 767 ; for military works,
ib. ; for new works, 769 ; postal,
771, 776-784; packet and tele-
graphic, 771

Convictions, erroneous, 685-588

Convocations of the Church, 504,
505

Corn law question, 208-210, 212-
214,216

Coronation oath, article on, 57 n.
See also Sovereign



CBO

Corporate vested rights in United
States, 606

Corporations : power to create, 598,
601 ; private, 602 ; power of
Parliament to dissolve, 603; pre-
cedents concerning, 603-606

Correspondence, private and confi-
dential, publication of, 360 n. ;
motion for, 441

Corrupt practices, 575

Council of State, organisation of, 98-
100

Councillors, had power to arrest
during period of ' Government by
Councils,' 93

Councils, government by, 88

County families, influence of, 34.
See also Governing families

Courts-martial, precedents of parlia-
mentary enquiry into sentences of,
531, 538 ; papers concerning, re-
fused to Parliament, 539

Credit, votes of, 757

Crimean War, 47 ; enquiries into,
540-542

Cromwell abolishes the Council of
State, 100; his council, 101

Crown (the) : powers to be exercised
through ministers, 3 ; and the
House of Commons, obsolete pre-
rogatives of, 6; and House of
Lords, ancient rights though dor-
mant not disallowed, 7 ; necessity
for strengthening its influence in
Parliament, 19, 24 ; effects of
democratic reform in Parliament
on, 23 ; advisers of the, 59 ; power
of, under Henry VIII., 89 ; cannot
take notice of business depending
in Parliament, 117; waning
authority of the, 136 ; ought not
to maintain, for a length of time,
a government against will of the
House, 211; distinction between
lands granted by state and private
property of the, 350 n. ; and foreign
powers, intercourse between, 355 ;
doubtful if territory may be ceded
by the, without consent of Parlia-
ment, 372 ; and the issue of Orders
in Council, 457 ; may not add to,
alter, or dispense with any law,
459 ; patronage, 622 ; absolute
power of, to dismiss public servants,
629-631, 635; taxation initiates
with, 710 ; may not receive gifts



INDEX.



831



CUM

or loans without consent of Par-
liament, 724 ; debts due to the,
how remitted, 725, 730. See also
Parliament, Prerogative, Sove-
reign

Cumulative vote, 27

Cunard mail contracts, 492

Curia reyis, 60-63

Customs officers, remuneration of,
680, 684



DANISH claims, case of, 706
Darling, General, case of, 537
Dartmouth College, case of, 607
Dawkins, Lieutenant-Colonel, case

of, 631 n.

Deacles, the Messrs., case of, 681
Debates, prejudicial, should not be

allowed, 441
Debts : unfunded, 738 ; due the

Crown, how remitted, 725, 730
Decorations, rule concerning foreign,

590

Defeat of ministers, see Ministers
Democracy, articles on, 21 n.
Democratic reform, effects of, on the

Crown in Parliament, 23
Denmark, invasion of, 371
Departmental regulations, 464 ; dis-
cussed in Parliament, 482
Derby, Earl, first administration,

219, 257 ; second administration,

228, 257; third administration,
236, 258 ; on the influence of the
sovereign, 313

Despatches, when to be withheld
from Parliament, 358, 359; eti-
quette concerning, 359 ; premature
communication of, 441

Dickson v. Comber mere, 347 n., 498,
530

Diocesan synods, in England, 505 ;
in the colonies, 512

Disembodied militia, estimates, 739

Dismissals from commissions of the
peace, 582 n.

Dispensing power of the Crown, 459

Disraeli, Right Hon. B., administra-
tions of, 238, 258

Dissolution, prerogative of, when
it may be advised or opposed, 207,

229, 231, 232, 239, 240, 251. See
also Ministers

Dockyard labourers, 683; works,
771



EST

Douglas, Lord, case of, 680
Dundonald, Lord, case of, 585
Duty : on certificates, Bill to reduce,
715; on advertisements, motion
to reduce, ib. ; on paper and hops,
716; on fire insurance, 717; on
railway passengers, 719 ; on malt
tax, 720 ; on male servants, 721 ;



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