Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
the impeachment of the four lords, Portland, Orford, Somers, and
Halifax, on that account. But we must at the same time remark, that it
is more easy to vindicate the partition treaties themselves, than to
reconcile the conduct of the king and of some others with the
principles established in our constitution. William had taken these
important negotiations wholly into his own hands, not even
communicating them to any of his English ministers, except Lord
Jersey, until his resolution was finally settled. Lord Somers, as
chancellor, had put the great seal to blank powers, as a legal
authority to the negotiators; which evidently could not be valid,
unless on the dangerous principle that the seal is conclusive against
all exception.[221] He had also sealed the ratification of the treaty,
though not consulted upon it, and though he seems to have had
objections to some of the terms; and in both instances he set up the
king's command as a sufficient defence. The exclusion of all those
whom, whether called privy or cabinet counsellors, the nation holds
responsible for its safety, from this great negotiation, tended to
throw back the whole executive government into the single will of the
sovereign, and ought to have exasperated the House of Commons far more
than the actual treaties of partition, which may probably have been
the safest choice in a most perilous condition of Europe. The
impeachments however were in most respects so ill substantiated by
proof, that they have generally been reckoned a disgraceful instance
of party spirit.[222]
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