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
William III., from the reservedness of his disposition as well as from
the great superiority of his capacity for affairs to any of our former
kings, was far less guided by any responsible counsellors than the
spirit of our constitution requires. In the business of the partition
treaty, which, whether rightly or otherwise, the House of Commons
reckoned highly injurious to the public interest, he had not even
consulted his cabinet; nor could any minister, except the Earl of
Portland and Lord Somers, be proved to have had a concern in the
transaction; for, though the house impeached Lord Orford and Lord
Halifax, they were not in fact any farther parties to it than by being
in the secret, and the former had shown his usual intractability by
objecting to the whole measure. This was undoubtedly such a departure
from sound constitutional usage as left parliament no control over the
executive administration. It was endeavoured to restore the ancient
principle by this provision in the act of settlement, that, after the
accession of the house of Hanover, all resolutions as to government
should be debated in the privy council, and signed by those present.
But, whether it were that real objections were found to stand in the
way of this article, or that ministers shrunk back from so definite a
responsibility, they procured its repeal a very few years
afterwards.[278] The plans of government are discussed and determined
in a cabinet council, forming indeed part of the larger body, but
unknown to the law by any distinct character or special appointment. I
conceive, though I have not the means of tracing the matter clearly,
that this change has prodigiously augmented the direct authority of
the secretaries of state, especially as to the interior department,
who communicate the king's pleasure in the first instance to
subordinate officers and magistrates, in cases which, down at least to
the time of Charles I., would have been determined in council. But
proclamations and orders still emanate, as the law requires, from the
privy council; and on some rare occasions, even of late years, matters
of domestic policy have been referred to their advice. It is generally
understood, however, that no counsellor is to attend, except when
summoned;[279] so that, unnecessarily numerous as the council has
become, in order to gratify vanity by a titular honour, these special
meetings consist only of a few persons besides the actual ministers of
the cabinet, and give the latter no apprehension of a formidable
resistance. Yet there can be no reasonable doubt that every counsellor
is as much answerable for the measures adopted by his consent, and
especially when ratified by his signature, as those who bear the name
of ministers, and who have generally determined upon them before he is
summoned.
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