CHAPTER IV

THE ORIGIN AND EARLY DEVELOPMENT OF

THE CABINET

REFERENCES: Blauvelt's Development of Cabinet Government in England; Todd's Parliamentary Government in England, i. 219–252; Traill's Central Government, 12–30; Anson's Law and Custom of the Constitution, i. 29-31, and ii. 106-118, 141-143; Taswell-Langmead's English Constitutional History, 696-706; Freeman's Growth of the English Constitution, 111-124.

A

THOROUGH knowledge of the functions of the Cabinet is necessary to a correct understanding of the English government. Although the Cabinet is unknown to the English law, it is by far the most important feature of the government. The supreme governing power in England is vested in the House of Commons; and since the Cabinet represents the party dominant for the time in the Commons, obviously the Cabinet is the guiding and determining force in the government. It is composed of the leaders of the party having a majority in the Lower House, and its members have seats either in the House of Lords or the House of Commons. we have seen, the Crown can perform no act of government except through a responsible minister; and since the most influential and important ministers. have seats in the Cabinet and determine the policy for those who do not, the importance of that body in

As

1

an executive capacity is obvious. Its legislative importance is no less, since practically the entire legislation of Parliament is initiated, shaped, and controlled by the Cabinet. If the House of Commons is the motive power, the Cabinet is the rudder of the ship

of state.

the Cabinet.

In order to view the Cabinet in its proper perspective, it will be necessary to note its origin. The CabiThe Origin of net originated as a smaller committee, or inner circle of the Privy Council. A detailed account of the history and functions of this latter body does not properly fall within the scope of this discussion; but it should be noted that the Privy Council was, and in theory still is, the legal advisory body of the Crown.1 The ancient oath of the privy councillor clearly indicates his attitude toward the King. It was in substance as follows: "I. To advise the king in all matters to the best of his wisdom and discretion. 2. To advise for the king's honour and advantage, and for the public good, without partiality and without fear. 3. To keep secret the king's counsel, and all transactions in the council itself. 4. To avoid corruption in regard to any matter or thing to be done in council. 5. To forward and help the execution of whatsoever shall be therein resolved. 6. To withstand all persons who shall attempt the contrary. 7. And generally to observe, keep, and do all that a good and true councillor ought to do unto his sovereign lord." The modern oath is quite similar in

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1 See G. Barnett Smith's "History of the English Parliament," vol. ii. p. 590.

2 Todd's "Parliamentary Government in England," vol. i. p. 221.

effect to that anciently administered. It binds the privy councillor to advise the Crown to the best of his ability, and to keep secret those matters intrusted to him. The privy councillors are appointed by the Crown and their number is not limited. Neither are there any qualifications specified for the office except that the privy councillor must be a natural-born subject of Great Britain. Even this requirement is sometimes waived, as was done in the case of Prince Albert, the husband of Queen Victoria.

The privy councillors formerly held office during the life of the Sovereign by whom they were appointed. At present they continue in office for six months after the death of the Sovereign, and as a rule are sworn in again and continue in office under the new monarch. The councillor takes an oath of allegiance as specified in the Act of 1868.

It was from this ancient advisory body that the present English Cabinet originated. It arose because the Privy Council had become too large to discharge its functions properly. It sprang up without the sanction of law, and even at the present time has no legal basis. A Cabinet member, as such, has no legal right to advise the Crown, and certainly no right to insist that his advice be accepted. He has authority and is known to the law as a privy councillor, but not as a Cabinet member. The written law of England contains no reference to the Cabinet; "the names of the noblemen and gentlemen who compose it are never officially announced to the public; no record is kept of its meetings and resolu

tions, nor has its existence ever been recognised by any Act of Parliament."

In order to understand this anomalous state of affairs, it will be necessary to glance, somewhat more in detail, at the origin and development of the Cabinet. The Cabinet, as noted above, originated as a smaller and more select committee of the Privy Council. For centuries the Privy Council had been the legal adviser of the King on all important matters; but that body became so large that it was impossible to transact business with the necessary speed and secrecy. As a consequence, the King, instead of consulting the entire body, asked the advice of a few of the leading members of the Council, or of those in whose judgment he had confidence. The result was that the Privy Council as an advisory body fell into disuse, and its place was taken by the smaller and less cumbersome one called the Cabinet. The name "Cabinet" arose from the fact that the King consulted its members in a small private room or cabinet in the royal palace. It is a rather peculiar fact that the name which originated as a term of reproach should now designate the most honourable and powerful body in the English government. Macaulay with his customary clearness comments upon the origin of the Cabinet as follows: "Few things in our history are more curious than the origin and growth of the power now possessed by the Cabinet. From an early period the Kings of England had been assisted by a Privy Council, to which the law assigned many important functions and duties. During several centuries this body deliberated on the gravest and most

delicate affairs. But by degrees its character changed. It became too large for despatch and secrecy. The rank of privy councillor was often bestowed as an honorary distinction on persons to whom nothing was confided, and whose opinion was never asked. The Sovereign, on the most important occasions, resorted for advice to a small knot of leading ministers."

The fact that the Privy Council, once powerful in affairs of state, is now practically powerless; and that the Cabinet, a body entirely without legal sanction, is the directing force in the English government, well illustrates the force of precedent and custom in the constitutional development of England. The change came about gradually — almost insensibly. At one time "there was," says Sir Harris Nicolas, in speaking of the ancient powers of the Privy Council, "scarcely a department of state which was not in a greater or less degree subject to its immediate control. No rank was too exalted or too humble to be exempt from its vigilance, nor any matter too insignificant for its interference." 1

Since the rise and establishment of a Cabinet, however, the Privy Council has, as a body, ceased to be important in governmental affairs. In fact, it holds no meetings of a deliberative character. "All that remains to it of the dignity of its ancient place in the constitution is of a merely formal and ceremonial nature."2 The Cabinet has demonstrated its superior fitness to survive. It is a peculiar fact, too, that the

1 "Proceedings and Ordinances of the Privy Council," Preface,

p. 11.

2 H. D. Traill's "Central Government," p. 18.