XVI
THE HANOVERIAN SETTLEMENT
The first thing is to consider by what steps a government came into existence entirely different from that of England in the seventeenth century, and unlike anything that had previously been known in Europe.
The old order terminates with the Bill of Rights and the Act of Settlement. What followed is not a development of that Act, but in contradiction to it. With the new dynasty there is a new departure. And the change was not effected by statute, but by that force which makes the law, and is above the law, the logic of facts and the opinion of the nation. The essential innovations, the cabinet, the premier, and government by party, are still without legislative sanction. The Act of Settlement was speedily unsettled. It separated the administration from the legislature by excluding placemen from the House of Commons; and it prohibited the king from visiting his foreign dominions without leave. And it required the king to be advised by the Privy Council, thereby rejecting a united cabinet, the exclusive organ of a party. Both William and, at that time, Marlborough preferred that all the leading men should be united in the administration. Before the Act of Settlement came into operation, during the reign of Anne, the idea of a united cabinet taken from the same party had prevailed, and at last even Harley could not be tolerated by the Jacobites. If Bolingbroke had not made it impossible for George I. to trust the loyalty of the Tories, the rising of 1715 would have been fatal to them. The new dynasty governed by
264
