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
peculiarly to bestow.
But, if the chief ministers of the Crown are indispensably to be
present in one or other house of parliament, it by no means follows
that the doors should be thrown open to all those subaltern retainers,
who, too low to have had any participation in the measures of
government, come merely to earn their salaries by a sure and silent
vote. Unless some limitation could be put on the number of such
officers, they might become the majority of every parliament,
especially if its duration were indefinite or very long. It was always
the popular endeavour of the opposition, or, as it was usually
denominated, the country party, to reduce the number of these
dependants; and as constantly the whole strength of the court was
exerted to keep them up. William, in truth, from his own errors, and
from the disadvantage of the times, would not venture to confide in an
unbiassed parliament. On the formation, however, of a new board of
revenue, in 1694, for managing the stamp-duties, its members were
incapacitated from sitting in the House of Commons.[283] This, I
believe, is the first instance of exclusion on account of employment;
and a similar act was obtained in 1699, extending this disability to
the commissioners and some other officers of excise.[284] But when the
absolute exclusion of all civil and military officers by the act of
settlement was found, on cool reflection, too impracticable to be
maintained, and a revision of that article took place in the year
1706, the House of Commons were still determined to preserve at least
the principle of limitation, as to the number of placemen within their
walls. They gave way indeed to the other house in a considerable
degree, receding, with some unwillingness, from a clause specifying
expressly the description of offices which should not create a
disqualification, and consenting to an entire repeal of the original
article.[285] But they established two provisions of great importance,
which still continue the great securities against an overwhelming
influence: first, that every member of the House of Commons accepting
an office under the Crown, except a higher commission in the army,
shall vacate his seat, and a new writ shall issue; secondly, that no
person holding an office created since the 25th of October 1705, shall
be capable of being elected or re-elected at all. They excluded at the
same time all such as held pensions during the pleasure of the Crown;
and, to check the multiplication of placemen, enacted, that no greater
number of commissioners should be appointed to execute any office than
had been employed in its execution at some time before that
parliament.[286] These restrictions ought to be rigorously and
jealously maintained, and to receive a construction, in doubtful
cases, according to their constitutional spirit; not as if they were
of a penal nature towards individuals, an absurdity in which the
careless and indulgent temper of modern times might sometimes
acquiesce.
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