In 1810 Lord Chatham, being a member of the existing administration, was examined at the bar of the House of Commons, touching the Walcheren expedition, which he had personally commanded. (See ante, vol. i. pp. 267, 536.) His lordship answered all questions put to him as a military officer, but declined answering any which concerned matters known to him only as a privy councillor or as a cabinet minister.

Neither would it be given with a view to subject the secret counsels of the crown to the review of an ordinary legal tribunal."

The necessity for obtaining leave from the crown to divulge past proceedings, or communications between the sovereign and his confidential servants, applies with equal force to actual ministers, and to those who have ceased to take part in the royal councils.b

In 1844, the members of the existing and of the preceding administrations solicited and obtained leave from the Queen to disclose all the facts known to them respecting the opening of letters at the Post Office, under royal warrants, before a select committee of the House of Commons.

It is not permissible even to publish any state correspondence between a sovereign and his minister during a former reign, although referring exclusively to events of a bygone generation, without the sanction of the reigning monarch.a

negotia

When negotiations are opened between an existing Confiministry and leading members of the Opposition, it is not unusual for the crown to grant permission to the tions. prime minister to read portions of correspondence that has taken place between the sovereign and his advisers on pending public questions, to such individuals, in order to define more particularly the position.

Colchester's Diary, v. 2, p. 235. George III. and Lord North, from Parl. D. v. 15, pp. 348–373. 1768 to 1783, was published by permission of the Queen,' in 1867.

Ante, vol. 1, p. 497.

Mir. of Parl. 1831-2, p. 2069; And see Lord Grey's Correspondence

Ib. 1834, p. 2645.

e Hans. D. v. 77,

p. 727.

The correspondence between

of the late Earl Grey with King
William IV. v. 1, pref. p. v.

Alleged breach

of confidence.

Meetings of Privy, and Cabinet Council.

of the government in relation thereto. Or the sovereign may himself communicate the same to persons who may be entrusted with the formation of a new administration. But any such communications must always be accounted as strictly confidential.

In May 1832, after the resignation of the Grey ministry, consequent upon their inability to carry the Reform Bill through the House of Lords, the king invited the Duke of Wellington and Lord Lyndhurst to form a new administration. It being indispensable that these noblemen should be put into full possession of the grounds of the retirement of the outgoing ministers, the king communicated to them certain cabinet minutes, which showed that the Duke of Richmond, one of the ex-ministers, had differed from his colleagues upon the question at issue between them and the king. The Duke of Wellington was unable to form an administration, whereupon the ex-ministers were recalled. The tone of a debate in the House of Lords at this juncture induced Earl Grey to inform the king that it was 'evident that a very improper use had been made of the papers communicated to the Duke of Wellington and Lord Lyndhurst by the king. The Duke of Richmond's dissent was openly stated, and there were other allusions to what had passed between the king and his ministers.' In reply, the king, while expressing his regret at this unauthorised and unwarrantable disclosure of state secrets, justified his own conduct in the matter, contending that under the circumstances in which he had been placed, he was free 'to make such communication to those two peers as he might consider advisable and necessary.' His Majesty was afterwards assured by the prime minister and Lord Chancellor Brougham that they 'considered him perfectly justified in the communication he had made to the Duke of Wellington and Lord Lyndhurst of such documents as were necessary to put them in possession of the circumstances which had produced his acceptance of the resignation [of Earl Grey and his colleagues], and his application to them. h

After the separate existence of the Cabinet Council as a governmental body, meetings of the Privy Council gradually ceased to be holden for purposes of deliberation. Early in the reign of George III., we find this distinction between the two councils clearly recognised -that the one is assembled for deliberative, and the

other merely for formal and ceremonial purposes.' It is now an established principle, that it would be contrary to constitutional practice that the sovereign should preside at any council where deliberation or discussion takes place.'i

But desultory and informal remarks, on the part of the sovereign, or the privy councillors present, though unusual, are no infringement on the rule. Lord Broughton mentions a remarkable scene at a council held by William IV. for the purpose of approving the speech to be delivered from the throne, when his Majesty gave energetic expression to his opinions on the subject. And at a council held on September 21, 1836, King William gave utterance to sharp words to one of the ministers present; but unpleasant consequences were avoided by the ready tact of the premier.m

Her Majesty presides at about a dozen meetings of the council in the course of the year. On the day before the meeting all the papers to be submitted are sent to the Queen, and if she requires further explanation upon them, she will request the attendance of the minister to whose department they belong."

At meetings of the Privy Council, the sovereign occupies the chair. The president of the council sits at the Queen's left hand; it being noticeable that this functionary does not possess the authority usually exercised by the president of a court of justice.'"

nial at

Council

The ceremonial observed at a Privy Council has Ceremobeen thus described by a councillor, upon his first introduction: We took the oath of allegiance, kneeling, meetings. and then the privy councillor's oath was administered to us, standing. After which we kissed the king's hand, and shook hands with each privy councillor present;

Privy Council Committees.

beginning with the chancellor, at the king's right hand, then going behind the king's chair to the lord president on his left, and round the rest of the table.' [Opposite to the king sat the prime minister.] 'After

we were sworn in, the clerks of the council stood on each side of the king, and the lord president rose up and read a paper of the business to be transacted—viz. proclamations, orders, &c. And upon each article the king read aloud from the margin what his pleasure was to have done, which the clerk repeated aloud from his duplicate. After the business was finished, the king rose and spoke to all the council individually, by going round as at the levée.' P

novel

An important practical use which has been and continues to be made of the Privy Council is, the choosing therefrom of committees to hear and decide upon and difficult problems of statecraft. As new questions arise which necessitate the action and control of government, it is customary to submit them in the first instance to the investigation and direction of committees of the Privy Council. Afterwards, it may be found advisable to constitute separate departments, to deal with and dispose of such matters. Thus, in repeated instances of late years the Privy Council has become the nursing mother of new departments of state."

The administrative functions which continue to be performed by the Privy Council, as a department of the public service, will be explained in another chapter.

P Ld. Colchester, Diary and Cor-
resp. v. 1, p. 270; Jesse, Life of Geo.
III., v. 3, p. 276. Ellenborough, Pol.
Diary, v. 1, p. 9; Martin, Pr. Con-

sort. v. 3, p. 110.

Helps, Thoughts upon Government, ch. x.

CHAPTER III

THE CABINET COUNCIL: ITS ORIGIN, ORGANISATION,
AND FUNCTIONS.

Council.

HAVING Completed our survey of the history of the Cabinet king's councils under prerogative government, we proceed to investigate the rise, progress, and present condition of the Cabinet Council, which has become the supreme governing body in the political system of Great Britain.

With a view to the consideration of this subject in accordance with the sequence of historical events, it may be suitably divided into three heads:

I. The origin and early history of the cabinet.
II. Its later history, and present organisation.

III. Its actual functions, as the supreme governing body, with its relations to the crown and to the executive government.

The relations of the cabinet to Parliament, and its practical dependence upon the will of the House of Commons, though incidentally and inseparably connected with the topics upon which we are about to enter, will claim more particular attention in a subsequent chapter.

I. The Origin and early History of the Cabinet.

A learned though somewhat paradoxical writer of our own day has broadly asserted that 'a private advising council, responsible to Parliament, has at all times been an inseparable part of the institution of the crown