On parliamentary government in England : its origin, development, and practical operation (Volume 1) online

Political and non-political offices,612
Poor Law Bills, 209
Portland, Duke of, his administra-
tions, 142, 157, 253, 254
Portsmouth and Chatham dockyards,

contracts, 771

Portuguese Slave Trade Bill, pro-
ceedings on, 371

Post office: Sunday labour in the,
425 ; opening letters at the, 432 ;
employe's, 683



INDEX.



839



POS

Postal contracts, 771, 776-784 ; con-
trol of Parliament over, 776,. 779.
See also Contracts

Pottinger, Sir H., case of, 591

Premature communication of des-
patches, 441

Prerogative government defined, 4 ;
downfall of, 95

definition of, 314 ; in connection
with Parliament, 383; defined, ib.;
responsibility of ministers for ex-
ercise of, 384

Court, alleged abuses in, 578
Prime minister : empowered to select

his own colleagues, 324, 331 ; is
the choice of the sovereign, 327 ;
case of the choice of by his col-
leagues, 326; and the sovereign,
336

Prince Consort, position and duties
of a, 299. See also Albert, Con-
sort

Prison Acts, rules pursuant to, 475
Prisoners, treatment of, 584
Private affairs of persons or compa-
nies not to be enquired into by
Parliament, 451

Bills : effect of prorogation on,
388 ; legislation of, 401-405

companies : and Parliament,
451 ; constitutional doctrine as
to sacredness of rights of, in the
United States, 451 n.

correspondence between minis-
ters and members not to be con-
sidered as official documents,
441

secretary to the sovereign, 294
Privy Council: advisers of the Crown,

59; in Parliament, 75, 76; growth
of, 76; first assumption of title
of, 84 ; division into commissions
(1553), 90 ; the sovereign may
summon anyone to the, and can
dismiss a member of the, 323 ;
decisions of, questioned in Parlia-
ment, 449. See also Minutes of
council, Orders in council

councillors : early impeachment
of, 80 : their appointment and
responsibility, 107, 116,323,328,
334 ; selection, appointment, and
dismissal of, 316-334: must keep
the king's counsel secret, 497

Prize money, distribution of, 531 n.,
591 n., 701,723



PUB

Proclamations, their constitutional
limits, 460. See also Orders in
council

Property the basis of representation,
10; influence of, 12

Prorogation of Parliament, first. 74 n. ;
effect of prorogation, 387, 388

Prosecution, mode of conducting, in
the case of Regina v. Overend,
Gurney, Co., 576 n.

Protests from peers on Reform Bill
(1867), 16 n.

Provisional legislation : growth of,
484 ; simplifies parliamentary
legislation, 485; the system of,
470-488 ; when submitted to Par-
liament, 471 ; advantages of, 485 ;
list of Acts confirming, ib. \ persons
aggrieved by, 486 ; defects in the
system, 487

Public Bills, procedure on, 391-400

charge. See Supply, Grant, Mo-
tions

contracts, 488

departments: report of committee
on, 438 ; legislation by, 470-500 ;
representation of, in Parliament,
628; may not give away stores.
725

moneys : report of committee on,
433 ; parliamentary control over
the issue and expenditure of, 824.
See also Addresses, Bills, Treasury

officers : bound to give informa-
tion to Parliament, 444; rights
of the Crown in relation to, 609 ;
political and non-political appoint-
ments, 612, 618 ; advantages of
permanency in the civil service,
613 ; promotions not to be in-
fluenced by politics, 621, 649 ; com-
petitive examinations, 623, 676 ;
all subordinated to some political
head. 629 ; for what cause they
may be dismissed, 630, 635 ; their
exercise of the franchise, 632 ;
should abstain from interference
in politics, 633 : pensions and re-
tiring allowances, 637, 654, 655,
679, 681 ; salaries, how regulated,
646 ; their appointment, direction
and remuneration, how far subject
to parliamentary control, 659,
668-688 ; parliamentary officers
and servants, 661-666; ministers
of state, 679 ; revenue officers



840



INDEX.



PUB

paid out of receipts, 736. See also
Patronage, Treasury
Public opinion in relation to Parlia-
ment, 17, 18

revenue, sources of, 782 ; when
insufficient, 733

Schools Act, powers of, 478 ; com-
missioners of public schools, powers
of, 479-481

service, fidelity in, 632. See also
Civil service ,Officers, Public Offi-
cers
- Works Loan Commissioners, 789



QUARTERMASTERS in the army,

enquiry into, 545

Queen v. Lords of the Treasury, 496 n.
Queen's counsel, origin of, 60
University, Ireland, case of the

charter of, 600



RAILWAY Amalgamation Bills,
403

passenger duty, motion to reduce,
719

Railways, rights of the Crown in the

use of, for troops, 532
motion to aid, in Ireland, 708

Receipts, gross, to be paid into the
exchequer, 734 ; brought under
more immediate control of Par-
liament, 734-737

Red Sea and India Telegraph line,
case of, 782

Redress in the abuse of executive
authority, 456

Reed's case, 667 n.

Reform : probable consequences of
further, 22 ; dangers of democracy
on the constitution, 23 ; Mr. Pitt's
scheme of, 126

- Bill (1830) : effects of, 131 ;
report of committee on, 188; when
introduced, ib. ; difficulties of carry-
ing, in the House of Lords, 190,
191

- (1832), effect of, 20, 131,136 ;
its enactments, 189

- (1858), defeat of the Govern-
ment on, 229-233

- (1866), 233, 235

(1867), protest from peers on,
Ifln.; effect of, 21, 29-31
Relations between both chambers, 37



ROY

Rendlesham v. Tabor, 11 n.
Reports of officials to departments
are confidential, 442

Representation : true basis of, 10, 11 ;
choice of local celebrities for, 15 ;
of the landed interest, 25 ; statis-
tics of, 26 ; of minorities, 29 ;
authorities on, 28 n., 29 n. ; article
on origin of, 51 n.

Representative system : excellences
of our, 1 6 ; rise of, 66 ; origin of,
67 ; the earliest, ib.

Resolutions of either House : effect of
a prorogation of Parliament on,
388; how far binding, 407-412,
699 ; abstract, 411 ; in favour of
the repeal of particular taxes,
713

Returns, cost of furnishing, 443. See
also Papers

Revenue officers, their exercise of
the franchise, 632 ; salaries of,
736

Revenues : public, how derived, 732 ;
when insufficient, 733 ; gross re-
ceipts paid into the Exchequer,
734-737 ; how to estimate the,
788, 820

Reversions, Bill to abolish, 422

Revolution of 1688, its effects, 3, 4,
8, 34, 102, 263

Rewards, prerogative in granting,
589-597. See also Honours

Rights, popular, when first attained,
73

Riot Act, 549

Ritual Commission, 505

Riviere des Prairies, tolls, 607

Rockingham administration, 139,
253

Roman Catholic question, 123, 146,
162, 155, 184; Bill to remove
civil disabilities in the army and
navy, 156, 157. See also Catholic
question

Ross, Captain, case of, 753 n.

Royal Academy and Parliament, 452

charters, 598-608

functions : delegation of, 338 ; in
abeyance, 339 ; proceedings to
supply defect in, 340, 341 ; income,
349, ' 350 ; pardons, 556, 557 ;
proclamations, see Orders in coun-
cil ; sign manual, 336 ; when dis-
pensed with, 337 ; veto upon Bills,
407. See also Household



INDEX.



841



ROY

Royal grants must be brought under
notice of ministers, 83, 84

Rule and authority, the source
of, 2

Russell, Lord, his administrations,
217, 234, 257, 258



ST. KATHARINE'S HOSPITAL,

motion concerning, 477
Salaries of officials, 646, 648, 661-
667, 679, 680, 683, 684, 736. See
also Parliament, Public officers
Sale of government stores, 645,

725

Scheldt expedition, 267
Schools, withholding royal assent to
endowed, schemes, 473. See also
Universities
Scott v. the Queen (Petition of

Right), 344 n.

Scott's case of pardon, 563 n.
Seal, the great, 82, 83
Second chamber, advantages of, 40 ;

articles for and against, ib. n.
Secret dispatch, premature disclosure

of, 228

societies in the army, 537
Secretary of state : office of, 269 ; the
channel of communication with
-the sovereign, 270 ; also with
foreign powers, 355
Select committees not to encroach
on administrative functions, 419 ;
to consider administrative and
other public questions, 428
Sentence, remission of, when Parlia-
ment may interpose, 561 ; enquiries
of ministers, 562 ; memorials to
Parliament in, 563, 564
Shelburne administration, 140, 253
Simon de Montfort, 67
Sinking funds, particulars regarding

several, 737 n.
Slito, enquiry on erection of, into a

free port, 377
Smith, Baron, proceedings against,

574 ., 579
Soldiers, authority for dismissing

private, 530 n.
Solicitor to the Home Department,

office of, 671

Somers, Lord, impeachment of, 106
Sound dues, levy of, 378
South American Confederacy, pro-
posed address to recognise, 376 n.

VOL. I.



sov

South Kensington, estimates for

purchase of, 756

Sovereign : power of, under parlia-
mentary government, 2; who
may advise, 116; never without
those responsible for his actions,
158; full statutory style and title
of, 259 n. ; supremacy of, 259 ;
perpetuity of, 260 ; coronation of,
ib. ; oath of, ib. ; on the office of,
260, 275, 309 ; personal irrespon-
sibility of, 261, 264, 265, 343, 347 ;
his subjection to the law, 261;
succession to the Crown, 262 ;
personal rule of, ib. ; eflect of
wrongful acts of, 265, 266 ; public
audience with, ib. ; foreign com-
munications with, 267, 270 ; offi-
cial reports to be made through a
minister, 267 ; secretary of state,
the means of communication with
the, 269 ; must act through a
minister, 270 ; justice and laws
enacted in his name, 271 ; presence
of, at debates discontinued, 272 ;
attempt of George IV. to take
command of the army, ib. ; per-
sonal acts of, not under the cog-
nisance of law, 274 ; can personally
do no act of government, ib. ; im-
personality of, 275 ; personal acts
of government, ib. ; right of, to a
private secretary, 295; constitu-
tional position of, 305-314 ; duty
of, 307 ; importance of the office,
309; ceremonial and personal func-
tions, ib, ; social pre-eminence of,
310; Lord Brougham on the, 311 ;
Earl Grey on the', 313 ; Earl Derby
on the, ib. ; political influence of
the, 315 ; appointment and dis-
missal of ministers, 316, 323, 331 ;
right to nominate ministers, 318 ;
personal inclinations in choice of
ministry, 323, 332 ; may summon
anyone to the privy council, or
dismiss a member from it, 323 ;
etiquette in writing to, 336 ; use of
the royal sign manual, 336, 337 ;
delegation of royal functions, 338 ;
absence from the realm, ib. ; abey-
ance of royal functions, 339 ; per-
sonal immunity, 347 ; personal acts
of, not amenable to authority,
348; personal acts and opinions
not cognisable by Parliament, 348 ;

3 I



842



INDEX.



SPE

as a witness, 349 ; as a church-
warden, ib. ; royal prerogatives in
connection with Parliament, 383.
See also Crown, King, Ministers,
Parliament, Prime Minister

Speaker of House of Commons : no
longer the nominee of a party, 252 ;
address to the Crown on his
behalf, 592, 665; his duty in
regard to Supply grants, 786, 816 ;
his speech on presenting Money
Bills for the royal assent, 821

Standing army, provisions for, 94

orders of Parliament, their vali-
dity, 388

Star Chamber, 92 ; when abolished,
93

Stockdale v. Hansard, 408

Stocks, redemption of, 797

Stockton & Hartlepool Railway Co.,
606 n.

Subjudice, matters, 573

Sugar duties, case of the, 800

Sullivan v. Spencer, 495 n.

Sunday labour in post-office, 425

Superannuation, 650-658, 682; al-
lowances to public officers, 653 ;
just claims may be enforced, 654 n.
See also Pensions

Supplies: objection to granting, pend-
ing appointment of ministers, 171 ;
cannot be raised by prerogative,
458 ; and taxation, prerogative in,
689-721 ; restrictions on Parlia-
ment in matters of, 690 ; granted
only on demand of the Crown,
690, 891 ; petitions or motions for
aid only recommended by the
Crown, 691 , 699 ; exceptions to
this rule, 699 ; grant of, by Parlia-
ment, 722, 723, 732; control of
Parliament over, 722-825 ; must
be obtained by Parliament grant,
723 ; temporary advances on
responsibility of Government, 726 ;
peculiar rights of the Commons in
the grant of, ib. 806 ; permanent
grants, 737 ; charges annually
voted, 738; presentation of the
estimates, 739 ; supplementary
estimates, 742 ; on the revision of
the estimates by a select com-
mittee, 744 ; motions for reduction
of expenditure, 746 ; proceedings
in Committee of Supply, 751; votes
are only for current year, 756 ;



TAX

votes of credit and votes on ac-
count, 757, 758 ; items in the
estimates rejected by the House,
763 ; right of the House to refuse,
784 ; precedents for delaying, ib. ;
votes in Committee of Ways and
Means, 785 ; money advanced in
anticipation of Appropriation Act,
787 ; all financial operations to
be submitted to Parliament, 795 ;
rights of the Lords in the consi-
deration of, 806, 808; rights of
Legislative Council in colonies in
consideration of, 806, 807 ; Bills
of Supply and Appropriation , ib. ;
duties of Speaker in matters of,
816 ; appropriation clauses in Bills
of, ib. ; surpluses on army and
navy grants, use of, 818 ; Appro-
priation Act is necessary for, 823.
See also Taxation, Treasury

Supply, Committee of: House may go
into, pending appointment of min-
isters, 148 ; resolutions or addresses
recommending grant of money
originate in, 700 ; appointment of
committee, 732 ; sittings of, 751 ;
explanations before going into,
753 ; resolutions in, ib. ; irregular
to move an instruction to, ib. ;
precedents of instruction, 754 ;
votes in, ib. ; motions in, 755 ;
motions may not be postponed,
756 ; votes are only for current
year, ib. ; increasing or restor-
ing an item in, 761, 785; effects
of debates in, on public expendi-
ture, 762 ; controlling influence of
House on, 762, 763 ; precedents of
rejection of items by the House,
763-765 ; resolutions reported
from, 785

Surrender of unexpended balance,
759

Sussex, Duke of, case of, 708

Sutton v. Johnston, 531

Sutton, Mr. Speaker, case of, 703 n.

Synods, diocesan, 504

TABOR v. Rendelsham, 11 n.

Talbot v. Talbot, 681 n.

Tamworth manifesto, 196 .

Tax Bills, proceedings on, 815

Taxation: by prerogative illegal,
458, 723 ; and supply, prerogative
in, 689-721 ; motions concerning,



INDEX.



843



TAX

should proceed from ministers,
709, 710; restrictions on Parlia-
ment in, ib. ; precedents, 711;
ministers not obliged to answer en-
quiries concerning,^.; amendments
to ministerial scheme of, 711, 798 ;
proposed, may be amended in the
House, 712, 714-721, 798, 799 ;
precedents, ib. ; motion for reduc-
tion or repeal not expedient by a
private member, 713 ; abstract
resolutions on, ib. ; precedents of
reduction of, 714-721 ; resolu-
tions submitted in Committee
of Ways and Means, 791 ; consists
of annual and permanent duties,
ib. ; when new votes of duty are
to be levied, 793 ; may be modified
or rejected by the House without
affecting the ministry, 798, 799;
rights of the Lords in matters of,
808-814

Taxes : when proposed, 791 ; new,
can only be increased in Committee
of Ways and Means, 793. See also
Duty, Taxation

Taylor, Colonel H., private secretary
to George III. and William IV.,
294-297

Tea dealers, case of, 795

Telegraph contracts, 491 ; and
Packet Contracts Committee, 771 ;
and postal contracts, 777, 782

Territory, new, see Acquisition

Thames Embankment, motion con-
cerning, 450

Thanks, votes of, by Parliament,
593-597

Theatres in Lent, restrictions against,
423

Thorn's case, 568

Thorogood, J., case of, 556 n.

Tobin v. the Queen, 346 n.

Toomer's case of pardon, 563 n.

Totnes writs, 410 n.

Tramways, metropolitan, 486

Transfers of army and navy grants,
see Treasury

Treasure trove, 731

Treasury : regulates salaries and pen-
sions of public officers, 646 ; em-
powers army and navy departments
to use their surplus votes for defi-
ciencies, 818 ; duties of the board
of, in regard to public officials, 648,
649 ; chest, 730



VOT

Treaties: right of making, 365; right
of colonies to make, ib. ; powers
of Parliament in regard to, 366,
367 : article on obligations of,
366 n. ; right to withhold informa-
tion from Parliament concerning,
368; alleged violation of, 369;
when still pending, ib.

Troops in China, mortality of, 547

their employment by the magis-
tracy, 549. See also Army, Indian
army

Tufnell, T. G., case of Petition of
Right, 500, 629 n.

Tulloch, Colonel, case of, 591

Turnbull, Mr., case of, 677



UNEXPENDED balances of Supply
grants to be repaid to Exchequer,
759

Unfunded debt, 738

Uniformity, obligations of the Act of,
517

United States of America: working
of their democratic institutions,
21 ; objectionable tenure of office
therein, 614 ; practice in regard to
the time of levying new duties, 794

Universities, charters of, 599, 600 ;
procedure in founding, 601

University Reform Acts, term to be
submitted, 472



VESTED rights of corporations in
United States, 607

Vice-Chancellor, enquiry as to lan-
guage and demeanour of a, in
court, 572 n.

Victoria, Queen : her conduct as a
sovereign, 136, 287 ; personal acts
of, 287, 288 ; her wise exercise of
prerogative, 288 ; her attention to
affairs of state, 289 ; private secre-
tary to, 297 ; influence exercised on
behalf of public morality, 309 n. ;
articles on, by Mr. Gladstone, 311 n.

Victoria, governor of, correspond-
ence relating to recall of, 577 n.

Volunteer corps, formation and con-
trol of, 525

Voters' lists, case of peers' names
being struck off, 11 n.

Votes of thanks by Parliament, 593-
597



844



INDEX.



VOT

Votes, grouping of, 750 ; in supply,
754 ; reduction in, 755 ; not to be
postponed, 756; asking for more
or less than in original vote, ib. ;
other than for current year, ib. ;

- of credit, 757, 823

on account, 757-760



WAGER'S case of pardon, 563 n.

Walcheren expedition, case of the,
268, 536

Walewski, Count, despatch of, 358

War : declaration of, requires signa-
tures of all the Cabinet, 108 ;
right of declaring and making
peace, 351-355 ; how far subject
to Parliament, 351 ; Parliament
must sustain the Crown in a
foreign, b53

Warrants, general, 494

Ways and Means : votes in Committee
of, 785 ; Bill of, 786 ; duties of the
Speaker in respect to, ib. ; Com-
mittee of, 787 ; irregular to move
general motion concerning taxa-
tion in, 791 : resolutions submitted
concerning taxation, ib. ; resolu-
tions should not be reported to
House on same day as agreed
upon, 792. See also Supply

Wellington, Duke of, wished to
retain command of the army when
premier, 182 ; proposed grant for
annuity, 702 n.

West Hartlepool Railway and Dock
Co., 603

Westbury, Lord Chancellor, case of,
684



ZAN

Whig families, their influence, 112;
claim to nominate the king's
ministers, 126, 323, 326

Whitehaven rioters, release of,
564 n.

Wilde, II. S., case of, 684

William III. summoned as a consti-
tutional sovereign, 108 ; his own
adviser in foreign affairs, 109 ;
appoints the first parliamentary
administration, 110

IV., his conduct as a sovereign,
285 ; reign of, 130-136 ; and the
Reform Bill, 131, 191 ; dismissed
his ministers upon insufficient
grounds, 133; personal acts of,
285-287

Windsor and Annapolis Railway
case, 461 n.

Witans, the, 51

Witenagemot, the, 51-55 ; power to
depose the sovereign, 54

Withholding royal assent to endowed
schools schemes, 473

Woods, Mr. W., case of, 688

YEOMANRY CAVALRY, vote to

defray the cost of drilling, 709
York, House of, unconstitutional

reign of, 80
Duke of, enquiry into his public

conduct, 669
Yorkshire, West Riding of, assize

town, 449
Young, R., case of, 657 n.

ZANZIBAR and Cape of Good Hope
Mail Contract, 777




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