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
_Exclusion of placemen and pensioners from parliament._--During the
reign of William, this distinction of the cabinet from the privy
council, and the exclusion of the latter from all business of state
became more fully established.[276] This however produced a serious
consequence as to the responsibility of the advisers of the Crown; and
at the very time when the controlling and chastising power of
parliament was most effectually recognised, it was silently eluded by
the concealment in which the objects of its enquiry could wrap
themselves. Thus, in the instance of a treaty which the House of
Commons might deem mischievous and dishonourable, the chancellor
setting the great seal to it would of course be responsible; but it is
not so evident that the first lord of the treasury, or others more
immediately advising the Crown on the course of foreign policy, could
be liable to impeachment with any prospect of success, for an act in
which their participation could not be legally proved. I do not mean
that evidence may not possibly be obtained which would affect the
leaders of a cabinet, as in the instances of Oxford and Bolingbroke;
but that, the cabinet itself having no legal existence, and its
members being surely not amenable to punishment in their simple
capacity of privy counsellors, which they generally share, in modern
times, with a great number even of their adversaries, there is no
tangible character to which responsibility is attached; nothing,
except a signature or the setting of a seal, from which a bad minister
need entertain any further apprehension than that of losing his post
and reputation.[277] It may be that no absolute corrective is
practicable for this apparent deficiency in our constitutional
security; but it is expedient to keep it well in mind, because all
ministers speak loudly of their responsibility, and are apt, upon
faith of this imaginary guarantee, to obtain a previous confidence
from parliament which they may in fact abuse with impunity. For should
the bad success or detected guilt of their measures raise a popular
cry against them, and censure or penalty be demanded by their
opponents, they will infallibly shroud their persons in the dark
recesses of the cabinet, and employ every art to shift off the burthen
of individual liability.
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