The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

As the matter was explained by the Chancellor, Lord Lyndhurst, the manner in which the bill touched the royal prerogative was this:  as, during the vacancy of any see, its temporalities belonged to the crown, any alterations in a see affected the direct pecuniary interests of the crown, and he, as Speaker of the House, doubted whether he should be justified in putting a question which so touched the royal prerogative without the sovereign’s consent.  A committee which was appointed to investigate the case fully confirmed the view thus taken by the ministers, and the bill was dropped.

It was, however, an exercise of the royal prerogative which was received by the House in general with great dissatisfaction.  Certainly, since the Civil List and royal income had been placed on their present footing, it was only by a very forced construction that the pecuniary interests of the sovereign could be said to be affected.  And it seemed a very insufficient plea for evoking the exercise of a power which, as it was said, had certainly never been exerted before since the accession of the Hanoverian dynasty.  Nor was it made more acceptable by the explanation of Lord Brougham, who on this occasion came to the support of the minister, that the refusal of the crown’s consent at this stage was “a warning, as it were, a polite and courteous communication between the sovereign, as guardian of the privileges of the crown, and the two Houses of Parliament, that if they passed a certain bill it would not receive the royal assent;” for, though the right to refuse the royal assent to any bill was incontestable, it had not been exercised since the time of William III., and to put it in force for the protection of an imaginary interest of the crown itself would have been so unpopular an exercise of it that no administration could have ventured to advise it.

One of the arguments which the Duke of Wellington brought forward in the discussion, and which, probably, contributed to induce him thus to strangle Lord Powis’s bill, has had an influence on subsequent legislation.  He urged that its adoption—­since the resolution to establish bishoprics at Manchester and Ripon was one which every one desired to carry out—­would increase the number of bishops, “and thus make an organic change in the constitution of the House of Lords.”  It is not very clear how the addition of a single spiritual peer could have that effect.  But the Duke had dwelt upon the same argument before in the debate on the proposed union of the sees affected, urging that there was such a jealousy of the Church in many quarters, and especially in some of the large towns, that it would be very undesirable to pass any measure the effect of which would be to increase the number of Episcopal peers.  Even if there was any general reluctance at that time to see such an increase (a fact which was by no means ascertained), it may be doubted whether it was founded on any sufficient reason.  It is not easy to see

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The Constitutional History of England from 1760 to 1860 from Project Gutenberg. Public domain.