be questioned whether he did not, however unintentionally, give something of a party bias to her Majesty's conceptions of policy, and whether his teachings did not too much depress the regal power in England. It is in truth only within the present reign that it has come to be a fixed principle in English affairs that the Ministers for the time being are to be chosen from the majority of the

House of Commons, without the least regard to the sovereign's desires. Melbourne himself, as we have seen, suffered from William's assertion of his independence in the matter of choosing his Ministers; and it was perhaps not unnatural that he should wish to establish a contrary practice, by instilling into the mind of his illustrious pupil the conviction that absolute submission to the Parliamentary majority (or rather to the majority in the Lower House) was the only Constitutional course. But in fact that very course was an innovation; and to Lord Melbourne, more than to any other man, is the innovation attributable. There had undoubtedly been a movement in this direction since the latter end of the seventeenth century; but it had been occasional rather

than continuous, and was frequently checked by reactions towards the other practice.

a

From an early date in the Middle Ages, the King of England was assisted in the task of governing by the Privy Council, the members of which body did not, at the utmost, much exceed twelve. All were appointed by the sovereign, and each was removable at his pleasure. In process of time, the number of councillors became so great that their capacity for the despatch of business was seriously impaired; and in 1679 Charles II. limited the assembly to thirty members, of whom fifteen were to be the principal officers of State. Those functionaries had already assumed, under the name of the "Cabinet," species of separate existence, though only as a part of the larger body to which they belonged. It was not until shortly after the Restoration that this interior council acquired much importance; and by many it was regarded as unconstitutional and dangerous. Even at the present day, the Cabinet, in the striking language of Macaulay, "still continues to be altogether unknown to the law: 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 resolutions, nor has its existence ever been recognised by any Act of Parliament."* Nevertheless, the Cabinet, having gained a place in the machinery of the State, gradually drew to itself greater powers; and when, in 1693, the Earl of Sunderland persuaded William III. to choose his Ministers from among the members of the predominant party in the House of Commons, it is obvious that both the Legislature and the Government obtained increased importance. Yet the King still allowed himself considerable latitude, and had certainly no intention of giving up all power in the

matter.

The eighteenth century was mainly divided between the laxity of the first two Georges-who, as foreigners largely concerned in Continental affairs, were glad to leave much to their Ministers, especially to so powerful a man as Sir Robert Walpole, though their powers of initiative were not entirely abandoned—and the high-prerogative ideas of the third George, who conceived that the kingly office had been unduly lowered since the Revolution of 1688, and who resented the supremacy of a few Whig families. Whatever may be thought of his policy or his motives, it cannot be denied that George III. was within his right in determining to have an actual voice in the appointment of his Ministers. A legal authority says:-"The Cabinet Council, as it is called, consists of those Ministers of State who are more immediately honoured with his Majesty's confidence, and who are summoned to consult upon the important and arduous discharge of the executive authority. Their number and selection depend only upon the King's pleasure; and each member of that Council receives a summons or message for every attendance." Such is the statement of Mr. Edward Christian, Chief Justice of the Isle of Ely, and Downing Professor of the Laws of England in the University of Cambridge, in a note to the fourteenth edition of Blackstone's

*History of England, Vol. I., chap. 2.

1837.]

THE FIRST LEVEE.

27

Commentaries, published in 1803; and similar expositions appear in much more recent law-books. Originally, the Cabinet Council was a committee of the Privy Council: it is now, in effect, very little else than a committee of the House of Commons; and it was Lord Melbourne's instructions to the young Queen which gave it finally, and perhaps irrevocably, that character.

Queen Victoria and her mother left Kensington on the 13th of July, and proceeded to Buckingham Palace, a residence which George IV. had favoured, and which William IV. detested and forsook. A levee was held shortly after her Majesty's arrival; on which occasion the Queen is said to have presented a striking appearance, her head glittering with diamonds, and her breast covered with the insignia of the Garter and other orders. More important business, however, was approaching, and on the 17th of the month the Queen went in State to the House of Lords to dissolve Parliament. Addressing both Houses, her Majesty said :—“I have been anxious to seize the first opportunity of meeting you, in order that I might repeat in person my cordial thanks for your condolence upon the death of his late Majesty, and for the expression of attachment and affection with which you congratulated me upon my accession to the throne. I am very desirous of renewing the assurances of my determination to maintain the Protestant religion as established by law; to secure to all the free exercise of the rights of conscience; to protect the liberties, and to promote the welfare, of all classes of the community. I rejoice that, in ascending the throne, I find the country in amity with all foreign Powers; and, while I faithfully perform the engagements of the Crown, and carefully watch over the interests of my subjects, it will be the constant object of my solicitude to maintain the blessings of peace." After alluding to the chief events of the session, the Queen concluded by observing :--" I ascend the throne with a deep sense of the responsibility which is imposed upon me; but I am supported by the consciousness of my own right intentions, and by my dependence upon the protection of Almighty God. It will be my care to strengthen our institutions, civil and ecclesiastical, by discreet improvement, wherever improvement is required, and to do all in my power to compose and allay animosity and discord. Acting upon these principles, I shall on all occasions look with confidence to the wisdom of Parliament and the affection of my people, which form the true support of the dignity of the Crown, and ensure the stability of the Constitution."

In the course of this speech-which was delivered with great clearness and elocutionary power-the Queen expressed marked pleasure at a further mitigation of the criminal code, which she hailed as an auspicious commencement of her reign. The change was assuredly much needed, and the subject had engaged the attention of eminent statesmen and lawyers for several years. Jeremy Bentham had exposed the unreasonable and cruel severity of the punishments attached to comparatively trivial offences; and Sir Samuel Romilly, seconded by Sir James Mackintosh and Sir Fowell Buxton, had brought the state of the law before the notice of the Legislature. For a long while, the disinclination

of Parliament to deal with important reforms kept this crying abuse of justice in the background; but in 1833 a Royal Commission was issued, for the purpose of inquiring how far it might be expedient to reduce the written and unwritten law of the country into one digest, and to report on the best manner of doing it. In the following year, the Commissioners were further required to state their opinions on the subject of the employment of counsel by prisoners, and on capital punishment. At the present day, it seems almost incredible that until 1836 the accused in criminal trials were not professionally defended. But still worse was the merciless spirit with which the rights of property were hedged about. A case is reported in which a poor Cornish woman, who, urged by want caused by the impressment of her husband as a seaman, had stolen a piece of cloth from a tradesman's door, was hanged for the fact. Indeed, in the earlier years of the present century, the death-penalty was so frequent, and attached to so many offences, that numerous criminals were executed regularly every Monday morning outside Newgate. The extreme rigour of the law, however, was softened by various Acts of Parliament, passed from 1824 to 1829, with which the name of Sir Robert Peel is honourably associated. But much still remained to be done; and the Acts to which the Queen alluded, and which were introduced into the House of Commons by Lord John Russell, confined the punishment of death to high treason, and, with some exceptions, to offences consisting of, or aggravated by, violence to the person, or tending directly to endanger life. By the Criminal Law Consolidation Acts of 1861, death is now confined to treason and wilful murder; so that the reign of Queen Victoria has been distinguished, amongst other things, by a great and beneficent reform in the criminal laws of England.

The General Election followed quickly on the dissolution of Parliament, and the Whigs, who had been losing popularity for some time past, proceeded to the country with the questionable credit of being supported by Royal favour. Personally, the Queen liked Lord Melbourne, and readily adopted the political opinions he advanced. The Ministerialists made the most of the fact, and it was even said that they went about "placarded with her Majesty's name." But it is not improbable that this very circumstance told against them in many quarters, by inducing waverers to believe that the holders of office were endeavouring to influence the electorate after a manner entirely foreign to constitutional usage. At any rate, the Government lost seriously in the counties; yet, owing to their gains among the borough constituencies, and the large amount of support obtained in Scotland and Ireland, they returned to Westminster with a small majority, though with an appreciable loss of political repute. Parliament reassembled on the 20th of November, and on the 12th of December the Queen sent a message to the House of Commons asking for a suitable provision for the Duchess of Kent. This was made; the Civil List was settled, though not without some opposition from the economists; and the necessary preliminaries of a new reign were complete. The income of the Queen's mother was fixed at