PHI LOS 0 P H Y . - Classic Works of Apologetics Online

Britis/l COIlSlilliltOll.
S61
~1l c.arrying them into execution;" and by a second
rule subsidi"ry to this, "that the acts of the crown
acquire not a legal force, until authenticated by the sub.
scription of some of its great officers." The wisdom
of this contrivance is \v'orthy of observation. As the
king could not be punir,hed) without a civil war, the
constituticn exempts his person from trial or account;
bL ~ lest this impunity should encounge a licentious
exercise of donlilliol1, \~arious obstacles are opposed
to the private \'rill of the sovereign, \\:·hen directed to
illegal 0 bject:;. The pleasure of the crown mu~t be
annouIlced ,'\.-ith certain ~oIemnitie~, and attested by
certaiIl officers of state. In S01.11e cases, the royal order
mu~t be signified by a secretary of state; in others
it mllst pass llnder the pri\·y· seal, and in Inany, under
the great seal. And \yhen the king's command
is regularly published, no mi~chief can be achieved
by it, without the mini:.try and compliance of those
-to whom it is directed. l~,)\v, all \\~ho either -concur
in an iilegal or(ler, h}- authentjca~ing its publication
with their seal or subscriptioll, or \vho ill any mano
ner assist in carr)Ting it into execution, subject themselves
to prosecution and punisllmcl1t, for the part
they have taken; and are not permitted to plead or
or
produce the command of the king, in justification
their obedience.:Ac But farther; the po\ver of the
crown tD direct the military force of the kingdom,
is balanced by the annual necessity of resorting to par~
Jian1ent for tl-le 111aintenance and governll1cnt of tllat
force. 'l'llc power of the king to declare war, is
checked by the privilege of the house of commons
to grant or withhold the supplies by which the war
• Anlongst the checks, \vhich parlianl~nt holds o\·crtha admillistrAtion of
f'llhlic afrairs" 1 forhea.r to Inention the practice of addrpssing the king, to
know hy \vhose ~dvice he resnlved upon a partic\llar nleasure, and of punishing
the flutho:a-s of thatadvict, for the counsel they had giveD. Not because
I think thj~ nlcthod either unconstitutional Or improper, but for this rea­
~on, that it docs not so much subject the king to the control of parliament,
'tf.S it su pposes him to be already in subjectIon. For if the king were so far
out of the reach of the resenttnent of the house af commons, a; to be able,
\vith safety, to rE'fusc the information requ~"tcc!, or to take upon himself
the responsibility inquired after, there ml1~t h(,4 an ~nd of a!J plOceedicgl
founded ~ this mode of "pl',Jirat.ion.