The Constitutional History of England from 1760 to 1860 — John Shaqi
The Constitutional History of England from 1760 to 1860Yonge, Charles Duke
History
The Constitutional History of England from 1760 to 1860
Yonge, Charles Duke
Constitutional history -- Great Britain; Great Britain -- History -- 19th century; Great Britain -- History -- George III, 1760-1820
assembled Parliament before the Order in Council was issued (for, in
fact, the proclamation against forestallers and regraters had been
issued on the 10th of September, when Parliament, if not farther
prorogued, would have met within a week). But on that same day
Parliament was farther prorogued from the 16th of September till the
11th of November,[20] and it was not till after that prorogation, on the
24th of September, that the Order in Council was issued.
In the House of Lords it seems to have been admitted that the embargo
was, under all the circumstances, not only desirable, but "indispensably
necessary."[21] But the Opposition in that House, being led by a great
lawyer (Chief-justice Lord Mansfield), took a wider view of the whole
case; and, after denouncing the long prorogation of Parliament as having
been so culpably advised that there was no way left of meeting the
emergency but by an interposition of the royal power, directed the
principal weight of their argument against the doctrine of the existence
of any dispensing power. It was urged that the late Order in Council
could only be justified by "the general proposition that of any, and, if
of any, of every, act of parliament the King, with the advice of the
Privy Council, may suspend the execution and effect whenever his
Majesty, so advised, judges it necessary for the immediate safety of the
people." And this proposition was denounced as utterly inconsistent with
the principles of the Revolution, which had been "nothing but a most
lawless and wicked invasion of the rights of the crown," if such a
dispensing power were really one of the lawful prerogatives of the
sovereign. Reference was made to the powers in more than one instance,
and especially in the case of ship-money claimed and exercised by
Charles I.; and it was affirmed that "the dispensing and suspending
power, and that of raising money without the consent of Parliament, were
precisely alike, and stood on the very same ground. They were born
twins; they lived together, and together were buried in the same grave
at the Revolution, past all power of resurrection." It was even argued
that the dispensing or suspending power was yet more dangerous than that
of raising money without a Parliamentary vote, since it was a power
which might do the most mischief, and with the greatest speed, so many
were the subjects which it included. It would be a return to the maxims
of the idolators of prerogative as understood in those earlier days,
that is, of absolute and arbitrary power, _a Deo Rex, a Rege Lex_. It
was farther argued that, unless it could be said that the moment
Parliament breaks up the King stands in its place, and that the
continuance of acts is consigned into his hands, he cannot of right
suspend any more than he can make laws, both acts requiring the same
power. The law is above the King, and the crown as well as the subject
is bound by it as much during the recess as in the session of
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