The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
[27:2] Anson, II., 4, 5, 42, 43, 278, 279, 476-80. But a servant of the
Crown is not liable on its contracts, for he has made no contract
personally, and he cannot be compelled to carry out the contracts of the
Crown. Gidley _vs._ Lord Palmerston, 3 B. & B., 284. The rule that the
sovereign cannot be sued has been held to prevent a possessory action
against a person wrongfully in the possession of land as agent of the
Crown: Doe. d. Legh. _vs._ Roe., 8 M. & W., 579. It would seem that in
such a case the courts might have held that as the King could do no
wrong, the wrongful act, and consequently the possession, was not his;
in other words, that the agency could not be set up as a defence to the
wrongful act. Compare United States _vs._ Lee, 106 U.S., 196, where land
had been illegally seized by the government of the United States.
[28:1] Coke, Inst. (4 Ed.), II, 186-87. "Hussey Chief Justice reported,
that Sir John Markham said to King E. I. that the King could not arrest
any man for suspicion of Treason, or Felony, as any of his Subjects
might, because if the King did wrong, the party could not have his
Action."
[29:1] Anson, II., 27, 42-54. Dicey, "The Privy Council," 34 _et seq._
[29:2] Dicey, _Ibid._, 40-42.
[30:1] Mahon and Cardwell, "Memoirs by Sir Robert Peel," II., 31.
[30:2] Todd, "Parl. Govt. in England," 2 Ed., I., 266.
[32:1] Pp. 220-26.
[33:1] A description of these cases may be found in Todd, "Parl. Govt.
in the British Colonies," 525-73.
[34:1] Todd, "Parl. Govt. in the British Colonies," 105 _et seq._
[34:2] _Cf._ Morley, "Life of Gladstone," Book II., Ch. vii.
[35:1] Sidney Lee, "Life of Queen Victoria," 1 Ed., 232-33.
[35:2] Ashley's "Life of Lord Palmerston," II., 154-57. Lee, "Life of
Queen Victoria," 296.
[35:3] Lee, _Ibid._, 511.
[35:4] Todd, "Parl. Govt. in England," 2 Ed., I., 323 _et seq._
[35:5] Parker, "Sir Robert Peel," II., 391 _et seq._, and Lee, "Life of
Queen Victoria," 97-103.
[36:1] Morley, "Walpole," 158.
[37:1] _The Times_, June 26, 1902.
[38:1] Martin, "Life of the Prince Consort," 4 Ed., I., 74.
[38:2] I., 73.
[38:3] Lee, "Life of Queen Victoria," 1 Ed., 211-13.
[39:1] Todd, "Parl. Govt. in England," 2 Ed., I., 266, note _y_. Hans.,
3 Ser. CCIV., 173, 370.
[39:2] Disraeli's opponents were right for criticising him for letting
it be known that it was the Queen who had decided whether to accept his
resignation or to dissolve in 1868: Hans., 3 Ser. CXCI., 1705, 1724,
1742, 1788, 1794, 1800, 1806, 1811. There was no objection to allowing
her to decide if he pleased,--that is, he might accept her opinion as
his own,--but he ought to have assumed in public the sole responsibility
for the decision.
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