Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
It marks therefore very distinctly the change
of spirit which I have so frequently mentioned. No courtier has ever
since ventured to deny this general right of enquiry, though it is the
constant practice to elude it. The right to enquire draws with it the
necessary means, the examination of witnesses, records, papers,
enforced by the strong arm of parliamentary privilege. In one respect
alone these powers have fallen rather short; the Commons do not
administer an oath; and having neglected to claim this authority in
the irregular times when they could make a privilege by a vote, they
would now perhaps find difficulty in obtaining it by consent of the
house of peers. They renewed this committee for enquiring into the
miscarriages of the war in the next session.[215] They went very fully
into the dispute between the board of admiralty and Admiral Russell,
after the battle of La Hogue;[216] and the year after investigated the
conduct of his successors, Killigrew and Delaval, in the command of
the Channel Fleet.[217] They went, in the winter of 1694, into a very
long examination of the admirals and the orders issued by the
admiralty during the preceding year; and then voted that the sending
the fleet to the Mediterranean, and the continuing it there this
winter, has been to the honour and interest of his majesty, and his
kingdoms.[218] But it is hardly worth while to enumerate later
instances of exercising a right which had become indisputable, and,
even before it rested on the basis of precedent, could not reasonably
be denied to those who might advise, remonstrate, and impeach.
It is not surprising that, after such important acquisitions of power,
the natural spirit of encroachment, or the desire to distress a
hostile government, should have led to endeavours, which by their
success would have drawn the executive administration more directly
into the hands of parliament. A proposition was made by some peers, in
December 1692, for a committee of both houses to consider of the
present state of the nation, and what advice should be given to the
king concerning it. This dangerous project was lost by 48 to 36,
several tories and dissatisfied whigs uniting in a protest against its
rejection.[219] The king had in his speech to parliament requested
their advice in the most general terms; and this slight expression,
though no more than is contained in the common writ of summons, was
tortured into a pretext for so extraordinary a proposal as that of a
committee of delegates, or council of state, which might soon have
grasped the entire administration. It was at least a remedy so little
according to precedent, or the analogy of our constitution, that some
very serious cause of dissatisfaction with the conduct of affairs
could be its only excuse.
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