[1] See Habeas Corpus Act in Constitutional Documents, p.xxxii.
But though the "Cabal" had been broken up, the principle of a limited private council survived, and long after the Revolution of 1688 it was revived and the Cabinet, under the lead of Sir Robert Walpole, the first Prime Minister,[2] in 1721, became responsible for th epolicy of the sovereign.[3] At present, if the Commons decidedly oppose that policy, the Prime minister,[2] in 1721, became responsible for the policy of the sovereign.[3] At present, if the Commons decidedly oppose that policy, the Prime Minister, with his Cabinet, either resigns, and a new Cabinet is chosen, or the Minister appeals to the people for support, and the sovereign dissolves Parliament and orders a new parliamentary election, by which the nation decides the question. This method renders the old, and never desirable, remedy of the impeachment of the ministers of the sovereign no longer necessary. The Prime Minister—who answers for the acts of the sovereign and for his policy—is more directly responsible to the people than is the President of the United States.
[2] See S27 of this Summary. [3] The real efficiency of the Cabinet system of government was not fully developed until after the Reform Act of 1832 had widely extended the right of suffrage, and thus made the government more directly responsible to the people (S582).
22. The Pretended "Popish Plot"; Rise of the Whigs and the Tories; Revocation of Town Charters.
The pretended "Popish Plot" (1678) (S478) to kill the King, in order to place his brother James—a Catholic convert—on the throne, caused the rise of a strong movement (1680) to exclude James from the right of succession. The Exclusion Bill failed; but the Disabling Act was passed, 1678, excluding Catholics from sitting in either House of Parliament; but an exception was made in favor of the Duke of York (S478). Henceforward two prominent political parties appear in Parliament,—one, that of the Whigs or Liberals, bent on extending the power of thepeople; the other, that of the Tories or Conservatives, resolved to maintain the power of the Crown.
Charles II, of course, did all in his power to encourage the latter party. In order to strengthen their numbers in the Commons, he found pretexts for revoking the charters of many Whig towns (S479). He then issued new charters to these towns, giving the power of election to the Tories.[4] While engaged in this congenial work the King died, and his brother James II came to the throne.
[4] The right of election in many towns was then confined to the town officers or to a few influential inhabitants. This continued to be the case until the passage of the Reform Bill in 1832.
23. James II; the Dispensing Power; Declaration of Indulgence; the Revolution of 1688.
James II was a zealous Catholic, and therefore naturally desired to secure freedom of worship in England for people of his own faith. In his zeal he went too far, and the Pope expressed his disgust at the King's foolish rashness. By the exercise of the Dispensing Power[1] he suspended the Test Act and the Act of Uniformity, in order that Catholics might be relieved from the penalties imposed by these laws, and also for the purpose of giving them civil and military offices, from which the Test Act excluded them (S477). James also established a new High Commission Court[2] (S488), and made the infamous Judge Jeffreys the head of this despotic tribunal. This court had the supervision of all churches and institutions of education. Its main object was to further the spread of Catholicism, and to silence those clergymen who preached against that faith. The King appointed a Catholic president of Magdalen College, Oxford, and expelled from the college all who opposed the appointment. Later, he issued two Declarations of Indulgence, 1687, 1688, in which he proclaimed universal religious toleration (S488). It was generally believed that under cover of these Declarations the King intended to favor the ascendancy of Catholicism. Seven bishops, who petitioned for the privilege of declining to read the Declarations from their pulpits, were imprisoned, but on their trial were acquitted by a jury in full sympathy with them (S489).
[2] New High Commission Court: see S19 of this Summary.