The Government of England (Vol. I)

by A. Lawrence Lowell

or in Politics.

The doctrine that the King can do no wrong applies not only to legal offences, but also to political errors. The principle developed slowly, as a part of the long movement that has brought the royal authority under the control of public opinion; not that the process was altogether conscious, or the steps deliberately planned, but taking constitutional history as a whole, we can see that it tended to a result, and in speaking of this it is natural to use terms implying an intent which the actors did not really possess. To keep the Crown from actual violations of law was not always easy, but it was far more difficult to prevent it from using its undoubted prerogatives to carry out an unpopular policy. Parliament could do something in a fitful and intermittent way by refusing supplies or insisting upon the redress of particular grievances, but that alone was not enough to secure harmony between the Crown and the other political forces of the day. There could, in the nature of things, be no appropriate penalty for royal misgovernment. In the Middle Ages, indeed, a bad king or a weak king might lose his throne or even his life; but in more settled times such things could not take place without a violent convulsion of the whole realm,—a truth only too well illustrated by the events of the seventeenth century. An orderly government cannot be founded on the basis of personal rule tempered by revolution. Either the royal power must be exercised at the personal will of the monarch, or else other persons who can be made accountable must take part in his acts of state.

A Minister Responsible for Each of his Acts.

As early as the fourteenth and fifteenth centuries the King's Council had begun to encumber the affixing of the various seals with a series of formalities which involved the intervention of one or more royal officers. The process continued until custom or statute required that almost every public act which the Crown was in the habit of performing directly—except the appointment and removal of the great officers of state themselves—must either be done in the Privy Council, or by means of an instrument authenticated by seals or countersignatures affixed by one or more officers of state.[29:1] The object of these formalities was to protect the Crown from improvident grants, and to secure the influence of the Council over the administration,[29:2] rather than to create any responsibility to Parliament or the public; and yet it was easy to maintain, when the time was ripe, that the officer who sealed or signed assumed thereby responsibility for the act. Then if a wrong was committed some one could be held to account; for misconduct some one could be punished; for acts that were unpopular, or a policy that was odious, some one beneath the throne could be assailed; and if a strong expression of resentment did not deter the offender, Parliament had as a last resort the weapons of impeachment and bill of attainder. These weapons were a stage in the process of evolution, a stepping-stone in the progress of parliamentary control, but they were far too rough to produce a true accord between the Crown and Parliament; and when the political experiments of William and of Anne, fostered by the timely accident of two unkingly foreigners upon the throne, evolved at last the system of a responsible ministry in its present form, even impeachment became obsolete, or rather it lingered only as a means of retribution for personal malfeasance in office.

Nature of Modern Responsibility.

The rules requiring seals or signatures to be affixed to royal acts, though somewhat simplified, remain in force to-day, but they have ceased to be the real source of responsibility. The effort to fasten upon a particular person the actual responsibility for each public act of the Crown by compelling some officer to put his approval of it on record, has been superseded by the general principle that the responsibility must always be imputed to a minister. Though ignorant of the matter at the time it occurred, he becomes answerable if he retains his post after it comes to his knowledge; and even though not in office when the act was done, yet if he is appointed in consequence of it, he assumes with the office the responsibility for the act. This happened to Sir Robert Peel in 1834. Believing, as every one at that time did believe, that the King had arbitrarily dismissed Lord Melbourne's cabinet, he said, "I should by my acceptance of the office of First Minister become technically, if not morally, responsible for the dissolution of the preceding government, although I had not the remotest concern in it."[30:1] The rule is so universal in its operation "that there is not a moment in the King's life, from his accession to his demise, during which there is not some one responsible to Parliament for his public conduct."[30:2] A minister is now politically responsible for everything that occurs in his department, whether countersignature or seal is affixed by him or not; and all the ministers are jointly responsible for every highly important political act. A minister whose policy is condemned by Parliament is no longer punished, he resigns; and if the affair involves more than his personal conduct or competence, if it is of such moment that it ought to have engaged the attention of the cabinet, his colleagues resign with him. Thus punitive responsibility has been replaced by political responsibility, and separate has been enlarged to joint responsibility.

The King must Follow the Advice of Ministers;

The ministers, being responsible to Parliament for all the acts of the Crown, are obliged to refrain from things that they cannot justify, and to insist upon actions which they regard as necessary. In short, the cabinet must carry out its own policy; and to that policy the Crown must submit. The King may, of course, be able to persuade his ministers to abandon a policy of which he does not approve, and of his opportunities for doing so we shall have more to say later; but if he cannot persuade them, and, backed by a majority in Parliament, they insist upon their views, he must yield. It is commonly said that he must give his ministers his confidence, but it would be more accurate to say that he must follow their advice. With the progress of the parliamentary system this custom has grown more and more settled, the ministers assuming greater control, and the Crown yielding more readily, not necessarily from any dread of the consequences, but from the force of habit.

or Find Others who will Accept Responsibility.

According to the older theory of parliamentary government, it was merely necessary that the King should have ministers who would accept responsibility for his acts; and, therefore, he might disregard their advice if he could find others who were willing to adopt his policy, and assume responsibility for it. Such an alternative is a very remote possibility in England to-day. It could only be brought about in one of two ways.