[The Constitutional History of England From 1760 to 1860 by Charles Duke Yonge]@TWC D-Link book
The Constitutional History of England From 1760 to 1860

CHAPTER IV
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The minister had a clear right to appeal from the House of Commons to the people, and one equally clear to choose his own time for making that appeal.

The appeal was made, the judgment of the nation was pronounced, and its pronouncement may be, and indeed must be, accepted as a sufficient justification, in a constitutional point of view, of Pitt's conduct both in accepting and retaining office.

If he retained it for three months, in opposition to the voice of the existing House of Commons, he could certainly allege that he was retaining it in accordance with the deliberate judgment of the nation.
And this is the verdict of a modern statesman, a very careful student of the theory of our Parliamentary constitution, and one whom party connection would notoriously have inclined to defend the line taken by Mr.Fox, had it been possible to do so.

Indeed, he may be said to show his bias in that statesman's favor when he affirms that he would have been right in moving a resolution of censure on Pitt for "his acceptance of office," which he presently calls the result of "the success of a court intrigue,"[105] and, without a particle of evidence to justify the imputation, affirms to "have been prepared beforehand with much art and combination." But _amicus Fox, sed magis arnica veritas_; and though he thus passes censure on Pitt, where the facts on which he bases it are at least unproved, on those points as to which the facts are clear and certain he condemns Fox altogether, affirming that his "attempt to show that the crown had not the prerogative of dissolving Parliament in the middle of a session had neither law nor precedent in its support."[106] And he proceeds to lay down, with great clearness and accuracy, "the practice as well as the theory of our mixed government," which is, that "when two of the powers of the state cannot" agree, and the business of the state is stopped, the only appeal is to the people at large.

Thus, when in the reign of Queen Anne the House of Lords and the House of Commons fulminated resolutions at each other, a dissolution cleared the air and restored serenity.


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