where the legislative power is lodged--that is, in King, Lords, and
Commons, who together constitute the only supreme authority of this
government. Precedents were cited to prove that in former times
different ministries had avoided thus taking the law into their own
hands, as when, in 1709 and again in 1756, there was a similar
apprehension of scarcity, even though both those years were years of
war. And the Bill of Rights was quoted as the statute in which every
sort of dispensing power was condemned, though, as exercised by James
II., it had only been exerted in dispensing with penal laws and
remitting penalties.

"Finally," said one speaker, who perhaps was Lord Mansfield himself, "he
is not a moderate minister who would rashly decide in favor of
prerogative in a question where the rights of Parliament are involved,
nor a prudent minister who, even in a doubtful case, commits the
prerogative, by a wanton experiment, to what degree the people will bear
the extent of it. The opposite course was that by which a minister would
consult the best interests of the crown, as well as of the people. The
safety of the crown, as well as the security of the subject, requires
the closing up of every avenue that can lead to tyranny."[22]

These arguments prevailed, and the indemnity bill was passed, to quote
the words of the "Annual Register"--at that time written by Burke--"very
much to the satisfaction of the public." And that it should have been so
accepted is creditable to the good-sense of both parties. The precedent
which was thus established does, indeed, seem to rest on a principle
indispensable to the proper working of a constitutional government. In
so extensive an empire as ours, it is scarcely possible that sudden
emergencies, requiring the instant application of some remedy, should
not at times arise; and, unless Parliament be sitting at the time, such