The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
power which it exercises over both. It is so conscious of the mighty
force of its indirect powers that it no longer cares to claim the
direct powers which it exercised in former times. There was a time
when Parliament was directly consulted on questions of War and Peace.
There was a time when Parliament claimed directly to appoint several
of the chief officers of state(8). There were much later times when it
was no unusual thing to declare a man in power to be a public enemy,
or directly to address the Crown for his removal from office and from
the royal presence. No such direct exercises of parliamentary power are
needed now, because the whole machinery of government may be changed by
the simple process of the House refusing to pass a measure on which the
Minister has made up his mind to stake his official being.
Into the history of the stages by which this most remarkable state
of things has been brought about I do not intend here to enter. The
code of our unwritten Constitution has, like all other English things,
grown up bit by bit, and, for the most part, silently and without any
acknowledged author. Yet some stages of the developement are easily
pointed out, and they make important landmarks. The beginning may be
placed in the reign of William the Third, when we first find anything
at all like a _Ministry_ in the modern sense. Up to that time the
servants of the Crown had been servants of the Crown, each man in
the personal discharge of his own office. The holder of each office
owed faithful service to the Crown, and he was withal responsible to
the Law; but he stood in no special fellowship towards the holder
of any other office. Provided he discharged his own duties, nothing
hindered him from being the personal or political enemy of any of his
fellow-servants. It was William who first saw that, if the King’s
government was to be carried on, there must be at least a general
agreement of opinions and aims among the King’s chief agents in his
government(9). From this beginning a system has gradually grown up
which binds the chief officers of the Crown to work together in at
least outward harmony, to undertake the defence of one another, and
on vital points to stand and fall together. Another important stage
happened in much later times, when the King ceased to take a share in
person in the deliberations of his Cabinet. And I may mark a change
in language which has happened within my own memory, and which, like
other changes of language, is certainly not without its meaning. We
now familiarly speak, in Parliament and out of Parliament, of the body
of Ministers actually in power, the body known to the Constitution but
wholly unknown to the Law, by the name of “the Government.” We speak
of “Mr. Gladstone’s Government” or “Mr. Disraeli’s Government.” I can
myself remember the time when such a form of words was unknown, when
“Government” still meant “Government by King, Lords, and Commons,” and
Public-domain text, read in full here on John Shaqi.
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