[clx. 340]

1822 July 11

Constitut. Code

Securities

4 Moral responsibility

5 Legal responsibility

?. Expository matter

Responsibility in the sense /to the purpose/ 1. of exposure /liability/. 2. of sufficiency

Note

Note To the word responsibility the sense /import/ thus attributed /attached/ is common to all languages which have sprung out of or derived supplies from a Latin stock

In English attached to this same word is an /another/ import which requires to be distinguished from it. A person is said to be a responsible person not in virtue of his actual and effectual subjection to either tribunal, and in particular the legal, but in virtue of his being in such a situation, principally in respect of his pecuniary circumstances, that if it were the desire of government that by means of coercion he should be made to do or suffer so and so, he would accordingly be made to do so and so, namely by reason of his being in possession of benefits in particular either money or power or both, on which it would be in the power of government at large, and the judicial branch of it in particular to take hold, supposing it so disposed. /disposed to do so./

The distinction is a real and an important one In England the situation of King by the avowed state of the law is placed above the field of legal responsibility: to the purpose of exposure to punishment he can not be made to suffer nor consequently to do any thing that it does not please him to do or suffer

In the other sense however he is in an abundant degree responsible - he has money enough for example by the seizure of which could it be got at without his leave he could be brought to do any thing which by any one it was desired he should be seen doing

It is by the plenitude of his responsibility in this particular sense that he is eased of all responsibility in the general sense: so material it is that the two senses should be mutually distinguished.

In general, from the top of the scale to the bottom the more abundantly responsible a man is in respect of sufficiency, the less responsible he in respect of effectual exposure.

In respect of exposure to punishment the King is irresponsible by law. Other classes /situations/ there are that are so in effect, though by law and to outside shew responsible: witness the Lord Chancellor, his two immediate subordinates and the twelve paid Judges.