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Yonge, Charles Duke, 1812-1891

"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.


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