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
_Privy council superseded by a cabinet._--A very remarkable alteration
that had been silently wrought in the course of the executive
government, gave rise to the fourth of the remedial articles in the
act of settlement. According to the original constitution of our
monarchy, the king had his privy council composed of the great
officers of state, and of such others as he should summon to it, bound
by an oath of fidelity and secrecy, by whom all affairs of weight,
whether as to domestic or exterior policy, were debated for the most
part in his presence, and determined, subordinately of course to his
pleasure, by the vote of the major part. It could not happen but that
some counsellors more eminent than the rest should form juntos or
cabals, for more close and private management, or be selected as more
confidential advisers of their sovereign; and the very name of a
cabinet council, as distinguished from the large body, may be found as
far back as the reign of Charles I. But the resolutions of the Crown,
whether as to foreign alliances or the issuing of proclamations and
orders at home, or any other overt act of government, were not finally
taken without the deliberation and assent of that body whom the law
recognised as its sworn and notorious counsellors. This was first
broken in upon after the restoration, and especially after the fall of
Clarendon, a strenuous assertor of the rights and dignity of the privy
council. "The king," as he complains, "had in his nature so little
reverence and esteem for antiquity, and did in truth so much contemn
old orders, forms, and institutions, that the objection of novelty
rather advanced than obstructed any proposition."[275] He wanted to be
absolute on the French plan, for which both he and his brother, as the
same historian tells us, had a great predilection, rather than obtain
a power little less arbitrary, so far at least as private rights were
concerned, on the system of his three predecessors. The delays and the
decencies of a regular council, the continual hesitation of lawyers,
were not suited to his temper, his talents, or his designs. And it
must indeed be admitted that the privy council, even as it was then
constituted, was too numerous for the practical administration of
supreme power. Thus by degrees it became usual for the ministry or
cabinet to obtain the king's final approbation of their measures,
before they were laid, for a merely formal ratification, before the
council. It was one object of Sir William Temple's short-lived scheme
in 1679 to bring back the ancient course; the king pledging himself on
the formation of his new privy council to act in all things by its
advice.
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