King's Council

“ The second petition was that ‘a sad and wise Council’ might be established, ‘of the right discreet and wise lords and other of this land, to whom all people might have recourse for ministering justice, equity, and righteousness; whereof they have no knowledge as yet.’ The Duke of York was only the king’s lieutenant in Parliament. With the assent of the Great Council he could prorogue or dissolve it and give the royal assent to any of its acts. But the business of the nation imperatively required that some smaller body of statesmen should be intrusted with more general powers. ”

“ Instead of collecting all authority into one centre, that of the nation, they have established different bodies, a body of representatives, a council, and a governor, because there is in England a house of commons, a house of lords, and a king. They endeavor to balance these different powers, as if this equilibrium, which in England may be a necessary check to the enormous influence of royalty, could be of any use in republics founded upon the equality of all the citizens, and as if establishing different orders of men was not a source of divisions and disputes. ”

“ The crown has really two branches of our legislature in its power. Let an act of parliament pass at home, putting it in the power of the king to remove any peer from the house of lords at his pleasure, and what will become of the British constitution? It will be overturned from the foundation. Yet we are perpetually insulted by being told, that making our council by mandamus brings us nearer to the British constitution. In this province, by charter, the council certainly hold their seats for the year, after being chosen and approved, independent of both the other branches. ”

“ All the great constitutional principles are in reality conspicuously absent. The importance of a council or embryo parliament, constituted on truly national lines (of which some glimmerings can be traced in 1213) ; the right of such a body to influence the King’s policy in normal times as well as in times of crisis; the doctrine of ministerial responsibility (already dimly foreshadowed in the reign of Richard) ; the need of distinguishing the various functions 151of government, legislative, judicial, and administrative—all these cardinal principles are completely ignored by the Charter. ”

“ At the request of the commons, the lords, in the King's name, appointed nine persons to be a permanent council, and it was resolved that during the King's minority the appointment of all the chief officers of the crown should be with the parliament. ”

“ When a law has to be made, it has first to be agreed to by a majority—that is, the larger number—of the Commons, then by a majority of the Lords, and lastly, by the king or queen. The sovereign's council are called the ministers, and if the Houses of Parliament do not approve of their way of carrying on the government they vote against their proposals, and this generally makes them resign, that others may be chosen in their place who may please the country better.
This arrangement has gone on ever since William and Mary came in. ”

“ They represent, or are intended to represent, the nation. The Parliament is, in theory, the nation, assembled at the king's command, to give him their advice. The Privy Council, on the other hand, represents the king. It is the king's Privy Council. They act in his name. They follow his directions when he chooses to give any. Whatever they decide upon and decree, the king signs—often, indeed, without any idea of its nature. Still he signs it, and all such decrees go forth to the word as the king's orders [Pg 86] in council. ”

“ The king can make no decision in matters in which the council of state are to be heard, unless at least three counsellors of state, and the secretary of state whom it concerns, or his deputy-secretary, are present.--All the members of the council shall, upon due notice, attend all deliberations deemed of importance, and which concern the general administration of the affairs of the kingdom; such as questions for adopting new statutes, repealing or altering those in existence, introducing new institutions in the different branches of the administration, &c. ”

“ Legally some of the executive powers are indeed vested in the Crown in Council—that is, in the King acting with his Privy Council—but as the Council has no independent authority, and consists, for practical purposes, of the principal ministers appointed by the Crown, even these powers may be said to reside in the Crown alone. ”

“ Your Majesty will doubtless wish to secure the advice of a few of the wisest men of the realm. Such questions might well be referred by Your Majesty to the Supreme Council for their advice and suggestion, always reserving the power of final decision to Yourself. In other words, my conception of the functions of the Supreme Council under such a scheme of government would be that it should from a purely advisory body to which the King might turn for advice on question of large policy. It should have nothing whatsoever to do with the executive work of government. ”

“ They required that no man should remain in the council who was not agreeable to parliament; that no deed of the king’s should have validity unless it passed the council, and was attested under their hand; that all the officers of state and principal judges should be chosen with consent of parliament, and enjoy their offices for life; that none of the royal family should marry without consent of parliament or council; that the laws should be executed against Catholics; that the votes of Popish lords should be excluded ”

“ That though any members of the future Council will be removeable by address to Parliament, how will such address be obtained against the most turbulent? Nay, Parliament may be under a long prorogation, and the Regent, all helpless, will see nothing but factions in the Council that should assist her. How distressed will be her condition, how distressed the condition of her children, of the nation! I wish well,” continued he, “to those who will have the power, a power that nobody will envy them! ”

“ The Levellers had boldly avowed their object; the royalists worked in the dark and by stealth; yet the council by its vigilance and promptitude proved a match for the open hostility of the one and the secret machinations of the other. A doubt may, indeed, be raised of the policy of the "engagement," a promise of fidelity to the commonwealth without king or house of lords. ”

“ To my mind the advantages of the Supreme Council outweigh the objections to it. It serves as an effective preventative of backstairs influence which must always be an overpresent danger in absolute Monarchy. It provides for an effective avenue by which outside opinion may reach the ears of the King, and thus enable him the better to understand and appreciate the truth underlying any given situation . It gives to the King the benefit of the wisdom and experience of the ablest men of the Kingdom. ”

“ The Magna Charta of King John provides that no scutage or aid should be imposed, either on the land or towns, but by consent of the great council; and for more security it enumerates the persons entitled to a seat in that assembly, the prelates and immediate tenants of the crown, without any mention of the commons; an authority so full, certain, and explicit, that nothing but the zeal of party could ever have procured credit to any contrary hypothesis. ”

“ These principles can be employed in forming an opinion how far it was useful or injurious to the king's affairs that his Majesty granted me his confidence. I readily acknowledge that after the time when the council was abolished affairs were not conducted in the proper form. But this was the very thing which some of those who gave advice desired; for it was hoped thus to give the king a prestige if a great many orders were issued from the cabinet, and cabinet orders passed without consulting the colleges. ”

“ This book consisted of a registration of all the lands in the kingdom, made by commissioners, after inquiry upon oath of the chief men and lesser freeholders of each district. By it not only were the limits of property settled, but the king knew what resources he could rely upon both in men and money. The king’s power was nominally limited by the “counsel and consent” of the National Council, which was at once the old English Witan and a feudal assembly, but its power was really nominal. ”

“ The Common Council took an early opportunity of deprecating strongly these false rumours, and appointed (1 Aug.) a deputation to wait upon "his excellency" to assure him of the good opinion which the court—as the representative body of the city—had of his great care and fidelity in the preservation of the king, parliament, city and kingdom, and to promise him every assistance in recruiting his army. The citizens would stand by his excellency with their lives and fortunes.609
[pg 192]
The Lords renew propositions for peace. ”

“ The president and councils, or the major part of them, were empowered, from time to time, to make, ordain, and constitute laws, ordinances, and officers for the better government of the colony, provided that none of these laws affected life or limb in the settlers. Their enactments were also required to be, in substance, consonant to the jurisprudence of England, and the King or the council in the mother-country was invested with absolute power at any time to rescind and make void the acts of the provincial councils. ”

“ Provided that none of the children of the late King, nor any of his line or family, be elected to be Lord Protector or other Chief Magistrate over these nations, or any the dominions thereto belonging. And until the aforesaid election be past, the Council shall take care of the Government, and administer in all things as fully as the Lord Protector, or the Lord Protector and Council are enabled to do. ”

“ It must, in the nature of things, delegate more or less of power to magistrates and generals; but such power will be simply delegated. Their authority will be a mere trust from the sovereign body, and to that sovereign body they will be responsible for its exercise. That is to say, one of the original elements of the State, the King or chief, now represented by the elective magistracy, will lose its independent powers, and will sink into a body who have only to carry out the will of the sovereign Assembly. So with another of the original elements, the Council. ”

“ That a Council was necessary for her, even in cases of treason: women are apt to pardon; I myself am always inclined to mercy; it is better to have somebody to refuse for her. As to the power of peace and war, I never would declare either without consulting others. And as to the objection of the Council being irremoveable, who knows it will be composed of the present people? It will be the Ministers I shall leave: had you rather have those I shall leave, or have the Princess at liberty to go and put in Lord Cobham or Lord Egmont? What did you say against the Bill?—do you like it? ”

“ The power of parliament is so great and extensive, that it makes, amends, reduces, revives, and abrogates laws, statutes, 111and ordinances, concerning matters ecclesiastical, civil, and military. None can begin, continue, or dissolve this council, but by the King’s authority. ”

“ The council convened, and being opened, the British Commissioners informed the Chiefs that the object of calling a council of the Six Nations, was, to engage their assistance in subduing the rebels, the people of the states, who had risen up against the good King, their master, and were about to rob him of a great part of his possessions and wealth, and added that they would amply reward them for all their services. ”

“ The council in England, formerly appointed by the king, was now to have its vacancies filled by the votes of a majority of the corporation. This council was authorized to appoint a governor, and to delegate to him almost absolute power, even in cases capital and criminal, as well as civil. They could give him power to declare martial law at his discretion; and thus the lives, liberties, and fortunes of the colonists were placed at the will of a single man. ”

“ By gradual additions, the house at last amounted to seventy members, who, while they were ridiculed by their adversaries with the appellation of the "Rump," constituted themselves the supreme authority in the three kingdoms. They appointed, first, a committee of safety, and then a council of state, notified to the foreign ministers their restoration to power, and, to satisfy the people, promised by a printed declaration [a] to establish a form of government, which should secure civil and religious liberty without a single person, or kingship, or house of lords. ”

“ It is true that chapters 21 and 39 may possibly be read confirming the judicial power of the Council in a certain limited group of cases. Earls and barons are not to be amerced except by their peers (per pares suos) , and the natural place for these “equals” of a Crown vassal to assemble for this purpose would be the Commune Concilium. This, however, is merely matter of inference; chapter 21 makes no mention of the Council; and it is equally possible that its requirements would be met by the presence among the officials of the Exchequer of a few Crown tenants. ”

“ Had the greater part of the Council not wished well to the accused, it must have shocked them to hear a charge of such consequence brought after an interval of twenty years, brought on memory, the transactions of a private company, most of them very young men, at worst flattering an old rich bachelor of no importance, and, in their most unguarded moments, never rising beyond a foolish libation to the healths of their imaginary Monarch and his Minister. ”