BEQUEST OF A. L. CROSS 7-27-41

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PREFACE

In addition to the authorities to which reference is made in the text, the author would acknowledge her indebtedness to Hearn's "Government of England," Todd's "Parliamentary Government," Coxe's "Institutes of English Government," Traill's "Central Government," Dicey's "Privy Council," and to the histories of Stubbs, Hallam, Macaulay, Stanhope, Lecky, and May.

Particular acknowledgments are due to the author's Oxford tutor, Mr. J. A. R. Mariott, who suggested the work and read the manuscript so far as it was completed in England, and to Professor F. York Powell, who also read the earlier chapters of the manuscript and made valuable suggestions.

"The English have left the different parts of their constitution just where the wave of history has deposited them; they have not attempted to bring them together, to classify and complete them, or to make a consistent and coherent whole." - BOUTMY.

"The laws reach but a very little way. Constitute government how you please, infinitely the greater part of it must depend upon the exercise of powers which are left at large to the prudence and uprightness of ministers of state. Even all the use and potency of the laws depend upon them. Without them your commonwealth

is little more than a scheme upon paper, and not a living, active, effective organization." — BURKE.

"A committee with power which no assembly would — unless for historical accidents and after happy experiences have been persuaded to trust to any committee." -BAGEHOT.

CONTENTS

CHAPTER I

THE PRIVY COUNCIL

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The Cabinet unknown to English law-Definition of the Cabi-

net-Its functions - Origin of the Privy Council

Concilium Ordinarium - Composed of men of all variety

of opinion - Its functions easily confused with those of

Magnum Concilium or Parliament - Struggle between

Parliament and Council· Charter confirmed in 1297 -

Petition of Commons in 1390-Parliament forces King

to dismiss Bishop of Winchester, 1233― And exile Piers

de Gaveston, 1312. - First Parliamentary impeachment,

1376-First trace of doctrine of joint ministerial respon-

sibility, 1386-First Bill of Attainder, 1388 - Efforts of

Parliament to secure power of appointment — Absolutism

of the Tudors - Their government a government by

councils-It becomes customary for ministers to have

seats in the House of Commons - The Star Chamber-

Decline of the Council under the Stuarts Increase in

importance of Parliament

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CHAPTER II

THE FIRST STEP TOWARD CABINET GOVERNMENT

The Cabinet a committee of the Privy Council - Gradual

separation of small number of privy councillors from the

rest-Hostility of Parliament thereby increased Early

use of the term Cabinet Council — Attempts of the

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House of Commons to appoint the councillors and to

hold them responsible - Clarendon's Committee of For-

eign Affairs- Precedents for it Its composition and

powers- Relation to the Privy Council - Relation to

Parliament — Impeachment of ministers by Parliament

Clarendon keeps his position through favor of Parlia-

ment, in spite of the displeasure of the King—A num-

ber of ministers, but no ministry - No acknowledged first

minister-The King de facto and de jure head of gov-

ernment - Unanimity in the Cabinet not required -

Ministers do not resign when their advice is not taken —

Ministers not always consulted-The King has advisers

other than the ministers — Development of the idea of a

ministry as shown in the impeachments of Clarendon and

Danby

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CHAPTER III

AN ATTEMPT AT A COMPROMISE: SIR WILLIAM

TEMPLE'S SCHEME

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From the Restoration, Parliament a permanent feature of the

Constitution-Hence, tendency to absorb all the functions

of government-Attempts on the part of the King to

control Parliament — Sir William Temple asked to frame

a plan of government His character- His plan - The

King and Temple disagree over the admission of Halifax

and Shaftesbury to the Council-Formation of interior

Council of nine - Formation of interior Council of three

- Halifax added to this Council - Dissensions in the

Council - Shaftesbury becomes leader of the opposition

in Parliament - Shaftesbury and Monmouth are for a

short time members of the interior Council - Dissolution

of Parliament-Dissolution of interior Council-Forma-

tion of new interior Council Members of Council

cease to attend Abandonment of the plan - Causes

for its failure.

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