HC Deb 04 March 1817 vol 35 cc879-81
Mr. Ponsonby

, in rising to make the motion of which he had given notice, called the attention of the House to the legislative provision which had been made for continuing the parliament in the event of the demise of the Crown. On such occasions formerly a dissolution of parliament always took place, and all offices held under the Crown were no longer considered to belong to those who had previously possessed them. By the 7th of William 3rd, and afterwards by the 5th of Queen Anne, the inconvenience which had been experienced from the dissolution of the parliament at such a period, was removed, and it was enacted, that the parliament in being at the time of the demise of the Crown should continue to sit for the ensuing six months, unless they were sooner dissolved by the successor; and in the event of their being no parliament at the time of the demise of the Crown, the last parliament was again to assemble and continue to discharge its functions for the succeeding six months, unless sooner dissolved by the successor to the Crown. In like manner, by law, the privy counsellors and all the high officers of state, did not lose their offices on the demise of the Crown, but continued to hold them till the successor was pleased to make some alteration. It was his object to extend the provisions of those laws to all offices held under the crown, civil as well as military. There never could be a time at which such a measure could be more properly brought forward than the present. In ordinary times there might appear something indelicate in bringing such a measure before the sovereign himself, but no difficulty of this kind at present stood in the way, as the bill he proposed to bring in, could not effect the feelings of his majesty, and therefore no such objection could be opposed to his motion. At present, though they knew who was most likely to succeed to the Crown, they could not positively know who would actually succeed, nor could they tell who the successor might choose for his constitutional advisers. This, therefore, was no party measure, but one which, in the present circumstances of the country, he thought was particularly called for. He wished those holding the situations of lord lieutenants, deputy-lieutenants, governors, deputy-governors, and all officers in the army and navy, not to be subjected to the expenses formerly attendant on getting their commissions renewed, if it were the pleasure of the Crown to retain them in their offices. He wished them to continue to hold their situations as if the demise had not taken place. If the House would let him bring in the bill, he would move that it should be read a first time, and then name any day that the House might approve for the second reading. He then moved, "That leave be given to bring in a bill for the continuation of all and every person or persons in any and every office, place or employment, civil or military, within the united kingdom of great Britain and Ireland, dominion of Wales, town of Berwick-upon-Tweed, Isles of Jersey, Guernsey, Alderney, and Sarke; and also in all and every of his majesty's foreign possessions, colonies, or plantations, which he or she shall hold, possess, or exercise, during the pleasure of the Crown, at the time of the death or demise of his present majesty, until removed or discharged by the succeeding king or queen of this realm."

Lord Castlereagh

said, the course proposed by the right hon. gentleman was so fair* that he could have no difficulty in giving his consent to the bringing in of the bill. He would not debate its merits now, as a more convenient opportunity might occur for the discussion of them on the second reading. He wished to be understood as only concurring in its provisions, so far as they went to guard against any extraordinary pressure of business at such a time on those whose duty it might be to exercise the highest functions of the state.

Mr. Brougham

observed, that the present question afforded him an opportunity of alluding to a subject which he thought deserved the serious consideration of his majesty's ministers. Previously to the dissolution of the present parliament, he was of opinion that some prospective measure ought to be adopted with respect to the continuance of the ensuing one, in the event of the early demise of the Crown. He was aware, that for parliament to prolong its own existence was unconstitutional, but the peculiarity of the case, he apprehended, would justify some step being taken to prevent the necessity of immediately re-electing the next parliament upon the demise of the Crown, which must otherwise be done.

Leave was given to bring in the bill. It was afterwards brought in, read a first time, and ordered to be read a second time on the 14th of April.