fj9PdUUe

1THE 
2
3
4
5BRITISH CONSTITUTION 
6
7
8
9BY THE LATE 
10
11AMOS DEAN, LL.D., 
12
13Professor in the Albany Law School. 
14Author of " History of Civilization," " Commercial Law," Etc. 
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19ROCHESTER, N. Y. 
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21lawyers' co-operative publishing company. 
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231893. 
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25
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27COPTRIGHT, 1883, 
28
29By AMOS H. DEAN. 
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31
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33E. R. Andrews, Printer ant> Rookbindep 
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437H 
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47to 
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52
53PREFACE. 
54
55
56
57The British constitution is a subject worthy 
58Bjthc most attentive study. The student of polit- 
59ical philosophy will here reap rewards richly 
60j compensating for any amount of labor and 
61research. The joint result of Saxon and Nor- 
62gman wisdom, it has traveled through its centu- 
63• ries of experience, only to continually add 
64_, strength to its foundations, beauty to its pro- 
65tp portions, harmony in the action of its different 
66"* forces, and the still increasing promise of per- 
67petuity in the blessings it confers. It is the 
68y largest monument of worldly wisdom which the 
69£? centuries have to bequeath to us. The science 
70E of government itself has little to offer which is 
71a not embraced in its past history, or its present 
72o organization. No one can contemplate this 
733 stupendous and beautiful fabric, standing out in 
74all its colossal proportions, and realize that at 
75least thirty generations of men have been the 
76architects that have reared it upward, story by 
77
78238592 
79
80
81
824 PREFACE. 
83
84story, without being deeply impressed with the 
85great truth, thai all time-lasting structures can 
86exist and l>e perpetuated only through those 
87powers and enemies which are common to the 
88race, and actually exercised through its organic 
89life. It is thus that the deficiencies of one man, 
90or one generation, are made good by the excess 
91of power developed through another or others, 
92so that, in the end. institutions are generally the 
93work of the race of man, and not of the 
94individual. 
95
96
97
98CONTENTS. 
99
100
101
102CHAPTER I. 
103
104PACK 
105
106Anglo-Saxon Institutions, - - 7 
107
108
109
110CHAPTER II. 
111Charters of Rights, ... -24 
112
113CHAPTER III. 
114
115Origin and Growth of the English Parliament, S8 
116
117CHAPTER IV. 
118Its Present Workings, - - • - 78 
119
120
121
122The British Constitution. 
123
124
125
126chapter I. 
127
128ANGLO-SAXON INSTITUTIONS. 
129
130The British constitution is to be considered: 
131
132I. In its past history. 
133
134II. In its present workings. 
135
136In its past history our attention will mainly 
137be directed: 
138
1391. To its sources, the Anglo-Saxon institutions, 
140in connection with the modifications introduced 
141by the Norman conquest. 
142
1432. The charters of rights successively wrested 
144from the king by his principal barons. 
145
1463. The origin and growth of the English par- 
147liament, including the successive steps or stages 
148by which the two houses attained their political 
149power, and the principle of representation be- 
150came firmly established. 
151
152The Anglo-Saxon institutions were the growth 
153
154
155
1568 l HK KKITIS1I CONSTITUTION. 
157
158ttt' several centuries. Brought there originally 
159by the hardy followers of Hengist and Horsa, 
160they were essentially modified, and new ones 
161originated in consequence of the peculiar posi- 
162tion under which their dominion was established, 
163and the circumstances by which they were 
164always surrounded. They were compelled to 
165sustain themselves among a conquered people, 
166the Britons, and that fact no doubt created new, 
167or greatly modified existing institutions. 
168
169In respect of property and condition, there were 
170three classes. Of these the first were slaves, who 
171were probably mostly or wholly made up of the 
172conquered Britons. The second were ceorls, who 
173Avere freemen, and formed the bulk of the pop- 
174ulation. The third were eorls or thanes, who 
175formed the nobility or gentry," the former hav- 
176ing reference to birth, while the latter derived 
177his title through the possession of landed 
178property: It was the ownership of landed 
179property that mainly gave to the Saxon his 
180standing and political rights. There was an 
181aristocracy, but not limited to hereditary descent. 
182It was not the birth, but the acquisition of a 
183
184♦Creasy. 40. 41. 
185
186
187
188ANGLO-SAXON INSTITUTIONS. 9 
189
190defined amount of landed property, that trans- 
191formed the ceorl into the thane. 
192
193The lowest and simplest political division 
194among the Saxons was the township,* which 
195had its reeve or elective chief officer, and also 
196four good and lawful men, who with him 
197represented the township in the courts of the 
198hundred and the shire. These were elected by 
199the commonality, who also had the regulation 
200of their own police. If any crime was com- 
201mitted in their district they were bound to 
202pursue and apprehend the offender. Each town- 
203ship generally had its own local court, which 
204was subordinate to the hundred court, and also 
205to the shire, moot, or county court. These 
206Saxon townships have very generaily given way 
207to the Norman manors, and the modern par- 
208ishes. 
209
210The Saxon hundred was a mere territorial 
211division, and was subdivided into tythings. 
212Each hundred had its court, held monthly, and 
213subordinate to the shire or county courts, which 
214were held once a year, and were presided over 
215by a bishop or earl. 
216
217*Creasy 43. 
218
219
220
221lo THE BRITISH CONSTITUTION. 
222
223Independent of the institution of slavery, 
224there were two oppressive customs among the 
225Saxons. One was the system of frank pledge, 
226by which every man was bound to be enrolled 
227in some tything, the members of which being. 
228to a large extent, mutually responsible for each 
229others' good conduct." The other was that 
230every member of the commonality was bound 
231to place himself in dependence upon some man 
232of rank and wealth as his lord. Otherwise he 
233was liable â–  to be slain as an outlaw. The result 
234of this was that many of the ceorls were legally 
235annexed to the lands of their lords, but in other 
236respects were personally free. 
237
238A large proportion of the population was 
239devoted to agriculture. There were, however, 
240some towns that had already acquired import- 
241ance. These were called burghs, fortified 
242places. In these, also, the free Anglo-Saxon 
243spirit was manifested. The citizens elected 
244from their own number their local officers, those 
245necessary for the purposes of municipal govern- 
246ment, at the head of whom was their borough 
247reeve, who presided over their local courts, and 
248
249.Creasy. 44. 
250
251
252
253ANGLO-SAXON INSTITUTIONS. 11 
254
255in time of war, led the armed citizens to the 
256field. 
257
258The trial by jury is an institution attributed 
259to the Anglo-Saxons, and certainly its rudiments 
260are traceable to Saxon jurisprudence. 
261
262In regard to the government, the constitutions 
263in the several states composing the heptarchy, 
264and subsequently in the united kingdom, appear 
265to have been much the same. 
266
267At the head of the state was the king, but the 
268descent of the crown was irregular. The form 
269of an election seems to have been observed, and 
270a coronation and acceptance by the people 
271necessary.* 
272
273When crowned and received, he was the 
274national executive, and an essential part of its 
275legislature. He received and expended the 
276revenue; was the center and source of all juris- 
277prudence; the chief of the nation's armies;! the 
278head of its landed property; the lord of the free 
279and of all burghs except such as he had granted 
280to others. 
281
282Coexisting with the king, if not anterior, and 
283his elector, was the witenagemote, the great 
284
285*Brougham m, 197. tTurner's Anglo-Saxons, in, 217. 
286
287
288
289IS THE BRITISH CONSTITUTION. 
290
291council or assembly of the barons, who con- 
292vened together on the summons of the king, and 
293over whom the king himself presided. This 
294great council of witan, or wise men, consisted of 
295nobles, holding land, the superior thanes, arch- 
296bishops, bishops, abbots and priors, and milites, 
297or those who were afterwards called knights. 
298There was in this council nothing like represen- 
299tation, and hence nothing strictly resembling 
300the modern parliament. It was an independent 
301council, deriving its strength from the individual 
302power of its members, not from their acting in 
303a representative character. The English mon- 
304archy has always had about it this interesting 
305feature, viz: it has been the government of the 
306king in council. Thus from the earliest periods 
307the witan. or wise men, composed the council of 
308the king, and the laws were made in the joint 
309names of both. 
310
311The witan elected the king from among the 
312members of the blood royal; sometimes deposed 
313him for misconduct; formed the supreme court 
314of justice in civil and criminal cases; and ad- 
315vised the king on questions of war or peace, 
316
317
318
319ANGLO-SAXON INSTITUTIONS. 13 
320
321and also on all important measures of govern- 
322ment. 
323
324The regular revenue was chiefly derived from 
325the royal domains,.. and the direct taxes raised 
326by the witenagemote. 
327
328There was a regular church establishment, 
329and a body of nobles, some of whom were dis- 
330tinguished by their birth, others by their office. 
331
332Thus the Anglo-Saxon government was an 
333aristocratic monarchy, a kind of feudal aristoc- 
334racy, in which the whole political power was 
335shared between the sovereign and the nobles, 
336clerical and lay.* The third estate, the com- 
337mons, had no share whatever in the Anglo- 
338Saxon form of government. 
339
340We are now ready to contemplate the Nor- 
341man. This constitutes the fourth element, 
342foreign in its nature, which enters into the com- 
343position of the English nation. The first in 
344order was the Roman; the second, the Anglo- 
345Saxon; the third, the Dane; and the fourth, the 
346Norman. Each of these successively subdued, 
347and for a time ruled in England. Of these, the 
348
349•Brougham, m, 202. 
350
351
352
35314 THE BRITISH CONSTITUTION. 
354
355Danish was the least fruitful in results, while 
356the Saxon was the most important and the most 
357lasting; and the Norman, the next in order, as 
358regards both its present and future conse- 
359quences. 
360
361The year 1066 was signalized by the over- 
362throw of the Saxon monarch, and the accession 
363of William the Conqueror to the English crown. 
364A few days only transferred him from the Nor- 
365man dukedom to the English throne. 
366
367Normandy was a large province in France, 
368bordering upon the English channel. A cen- 
369tury and a half had rolled away since the Nor- 
370mans under Rollo, their first duke, had con- 
371quered, and obtained by treaty, this province, 
372which they called Normandy. Here their stern 
373northern nature had become modified and con- 
374siderably ehanged by the new civilization that 
375surrounded them, the new influences under 
376which they were brought, and the circumstances 
377under which they had existed for so long a 
378period of time. Their national character had its 
379bright and dark side. In the first we discern 
380that orderly and intelligent spirit, "which made 
381them establish and preserve in their province a 
382
383
384
385ANGLO-SAXON INSTITUTIONS. 15 
386
387regularity of government, system and law, 
388which contrasted strongly with the anarchy of 
389the rest of France. The Norman had a steady- 
390fixity of purpose, a discernment of the necessity 
391of social union and mutual self-sacrifice,* of free 
392will among the individual members of a state 
393for the sake of the common weal. In the sec- 
394ond we perceive in the Norman nobility, pride, 
395statecraft, merciless cruelty, and a coarse con- 
396tempt for the industry, rights, and feelings of 
397all whom they considered the lower classes of 
398mankind." 
399
400The institutions of continental Europe, took 
401their shape, in the outset, from the conquest of 
402the Roman provinces by the hordes of wander- 
403ing barbarians ; the settlement in those prov- 
404inces ; the new circumstances under which they 
405were placed ; the new relations arising between 
406the conquerors and the conquered ; and the 
407modifying influence exerted by the institutions 
408of the one over those of the other. The barba- 
409rians brought with them no fixed and determin- 
410ate form of social life,f and on the side of the 
411Romans that life was actually dying of inanition. 
412
413♦Creasy, 55. *GuIzot. Representative Government, 281. 
414
415
416
417It! THE BRITISH CONSTITUTION. 
418
419Hence long disorders arose, the reign of force 
420and dismemberment of sovereignty. 
421
422The Norman conquest of England broughl 
423with it no such results. Between the Normans 
424ami Saxons existed many points of resemblance. 
425They had the same origin, analogous manners 
426and language, almost identical civilization and 
427warlike spirit. There could not, therefore, be 
428as on the continent, a general and permanent 
429abasement or* one race before the other. No- 
430thing short of entire annihilation of the Saxon 
431race could prevent its exerting an active and 
432powerful influence upon the Norman. 
433
434Again, the political institutions of the two, 
435although not identical, were extremely analo- 
436gous.* Absolute power never existed in Eng- 
437land as on the continent. Oppression existed 
438in fact, but was never established by law. 
439
440The Norman and Saxon professed the same 
441religion, and one, too, the Roman Catholic, that 
442everywhere had the same hierarchy, the same 
443orders of clergy, the same faith and forms of 
444worship. There was this important difference 
445Avhich led to fruitful results. On the continent 
446
447•Guizot, 2S2 
448
449
450
451ANGLO-SAXON INSTITUTIONS. 17 
452
453the clergy were Romans ; in England. Saxons 
454and Normans. In the former, they Avere more 
455on the side of kings ; in the latter they assumed 
456a place among the landed aristocracy, and in 
457the nation. Their political power, in the latter, 
458has always been on the decline. 
459
460It naturally resulted from all this, that each 
461people having institutions analogous to each 
462other, and pressing them forward with an almost 
463equal energy, their coexistence and conflict 
464would serve to modify each other, and to give 
465such modified result a character of greater 
466strength and permanence. 
467
468The institution which marks most strongly 
469the establishment of the Norman in England, 
470was the feudal system. Some traces of this 
471system may be found in Saxon jurisprudence, 
472but its oppressive weight never bore strongly 
473upon the nations previous to the conquest. 
474
475This system was completely established in 
476Normandy. The comparatively small extent of 
477the province ; the establishment there of the 
478conquering Normans over the subject race which 
479they subdued ; the peculiar elements of the 
480Norman character ; all combined to perfect that 
481
48215 1* 
483
484
485
486L8 THE BRITISH CONSTITUTION. 
487
488system, and thus give to Normandy whatever of 
489benefil or injury could legitimately be derived 
490from it. William, having had his birth, educa- 
491tion, and experience as a ruler, all within the 
492operations of this system, could not rest quietly 
493until its firm establishment upon English soil. 
494The circumstances, formerly adverted to. which 
495favored its introduction and growth in the Ro- 
496man provinces on the continent upon the con- 
497quest and settlement of the barbarians, would 
498apply with much greater force to the Norman 
499conquest and settlement in England. The >ub- 
500ject races on the continent were incapable of 
501much resistance, and their uprising, under 
502oppression, could be little feared. Ilence the 
503feudal system was not driven to expend all its 
504energies in preserving a quiet conquest. 
505
506But the settlement of the Normans, and the 
507preservation of their authority, were to be 
508effected among a people as brave and warlike 
509almost as themselves. Hence the early intro- 
510duction, and rigorous enforcement, among the 
511Saxons of England, of that system as it then 
512existed in the province of Normandy. The 
513result afforded a full illustration of this fact. 
514
515
516
517ANGLO-SAXON INSTITUTIONS. 19 
518
519On the continent, after the conquest and settle- 
520ment of the barbarians, we hear very rarely or 
521any insurrections of the original inhabitants. 
522The wars and conflicts were between the con- 
523querors themselves. But in England we find 
524them between the conquerors and the conquered 
525people. 
526
527The results of the establishment of this sys- 
528tem, with all its rigors in England, were two- 
529fold : 
530
5311. The little less than slavery of the labor- 
532ing population. I allude to the state technically 
533termed villeinage. The terms villein, serf, or 
534slave, originally meant nearly the same thing, 
535although, the slave always differed from the 
536other two. 
537
538Some serfs or villeins, termed villeins regard- 
539ant, were annexed to certain lands, passing into 
540the dominion of heirs or purchasers, whenever 
541such lands changed owners. Others termed 
542villeins in gross were bought and sold without 
543any reference to land. The latter of these were 
544never very numerous, but at the commencement 
545of the thirteenth century, the former are sup- 
546posed to have embraced the larger part of 
547
548
549
55020 THE BRITISH CONSTITUTION. 
551
552tlie laboring agricultural population of Eng- 
553land.* 
554
555The villein was subjected to the following; 
5561. His service was uncertain and indeterminate, 
557depending upon the master. 2. He was liable 
558to Wealing, imprisonment, and every other kind 
559ot chastisement. 3. He was incapable of any 
560property acquisition. 4. He passed to each suc- 
561cessive owner of the land, like other chattels. 
5625. He might be severed from the land, and sold 
563in gross by a separate deed. 0. This condition 
564descended from parent to child, and thus became 
565inheritable. 
566
567But from this extreme state of degradation, 
568where the Saxon ceorls and the Saxon thralls, or 
569slaves, were reduced to about the same level, we 
570behold a gradual emancipation effected through 
571the wise, strong, humane, liberty-loving provis- 
572ions of the common law of England. A few of 
573its provisions only can be noticed. 
574
575a. An illegitimate child, born in villeinage, 
576being nullius filius,f and having no inheritable 
577blood could not inherit the condition of villein- 
578age. 
579
580♦Creasy, 86. tCreasy, 89. 
581
582
583
584ANGLO-SAXON INSTITUTIONS. 21 
585
586h. A villein remaining unclaimed for a year 
587and a day in any privileged town, was freed 
588from his villeinage. 
589
590c. The lord might at any time disfranchise 
591his villein. 
592
593</. There were many acts of the lord from 
594which the law itself would infer disfranchise- 
595ment whether designed or not. These embraced 
596all those acts by which the lord treated the 
597villein as a freeman. Such as : 1. Vesting in 
598him the ownership of lands. 2. Accepting from 
599him the feudal solemnity of homage. 3. By 
600entering into an obligation under seal with him. 
6014. By pleading with him in an ordinary action. 
602
603The second result which the enforcement of 
604this system disclosed was in the securing more 
605order and regularity, and the creation of a 
606stronger central power in the monarch. To this 
607latter various things contributed, as : 1. The im- 
608mense wealth of the crown independent of any 
609contributions from its subjects. 2. The readi- 
610ness with which the Saxon part of the popula- 
611tion ever served the king against any of the 
612rebellious Norman barons. 3. The great intel- 
613lectual capacity and energy of the Norman 
614
615
616
61722 THE BRITISH CONSTITUTION. 
618
619kings down to the time of John. 4. A change 
620made by William in the allegiance of the vassals. 
621Previously to the conquest the vassal swore 
622fealty absolutely to his baron.* His oath to the 
623sovereign excepted his duty to his liege lord. 
624As a result to this he was bound to follow the 
625latter in any rebellion against the sovereign. 
626The Conqueror would sutler no divided alle- 
627giance. He required the oath of fealty to be 
628made to himself without any reservation or ex- 
629ception, and he forfeited as well the hinds of the 
630sub-vassal as those of the vassal himself, if the 
631tenant followed his liege lord in rebellion against 
632the king. 
633
634Thus viewing England at the commencement 
635of the twelfth century, aside from some peculiar 
636laws, customs and institutions of both Saxons 
637and Normans, we have three great facts out of 
638which to work out the problem of English con- 
639stitutional freedom. These were : 1. An en- 
640slaved laboring population, but along with it, 
641the unceasing efforts of the common law. finally 
642successful, at emancipation. 2. A strong body 
643of nobles, bound together by a sense of common 
644
645'Brougham, 1 1 1. 208. 
646
647
648
649ANGLO-SAXON INSTITUTIONS. 23 
650
651> 
652
653danger, and constituting altogether a powerful 
654aristocracy, o. A strong central [tower center- 
655ing in the crown ; much stronger than anywhere 
656else is found coexisting with feudal institutions. 
657The political power, at this period, is all 
658lodged with the king and the barons. There 
659was then, in a political sense, no people in En- 
660gland. The power exercised by the barons, was 
661partly political and partly proprietary. The 
662latter, however, was very much impaired by the 
663new provision, just noticed, made by the Con- 
664queror, as to fealty. The prospect certainly 
665then was that the English government would 
666settle into an unmitigated despotism. 
667
668
669
67024 THE BRITISH CONSTITUTION. 
671
672
673
674CHAPTEB II. 
675
676CHARTERS OF RIGHTS. 
677
678We are now ready to glance at the second 
679general point presented for consideration, viz.: 
680the charter of rights successively wrested from 
681the king by his principal barons 
682
683It has been well remarked by Guizot that 
684"liberties are nothing until they have become 
685rights, positive rights, formally recognized and 
686consecrated." Rights, even when recognized, 
687are nothing so long as they are not entrenched 
688within guaranties. And lastly, guaranties are 
689nothing so long as they are not maintained by 
690forces independent of them, in the limit of their 
691rights. Convert liberties into rights, surround 
692rights by guaranties, intrust the keeping of these 
693guaranties to forces capable of maintaining 
694them, such are the successive steps in the pro- 
695gress towards a free government. 
696
697''This progress was exactly realized in En- 
698
699Guizot, History Representative Government, 302. 
700
701
702
703CHARTERS OF RIGHTS. 25 
704
705gland. Liberties first converted themselves into 
706rights ; when rights were nearly recognized, 
707guaranties were sought for them ; and lastly, 
708these guaranties were placed in the hands of 
709regular powers. In this way a representative 
710system ot government was formed." 
711
712No inconsiderable a portion of the right-, 
713and guaranties, and even forces that maintain 
714them, embraced in the British constitution, have 
715been wrung reluctantly from the monarch ; have 
716been wrested, sometimes, not without violence, 
717from the proud prerogatives which were claimed 
718to be inherited in the kingly office. This com- 
719menced even with William the Conqueror. 
720
721Although the fear of the Anglo-Saxons served 
722to bind closely together the king and his Nor- 
723man barons, yet the former, constituting the 
724great body of the English population, and strug- 
725gling to preserve their Saxon laws, could not be 
726disregarded with impunity. William felt bound 
727to respect these, and in 1071. gave a charter, 
728giving assurance that these laws should be main- 
729tained. But this was a mere recognition of a 
730right without even the semblance of a guaranty 
731
732
733
734-*'< THE BRITISH CONSTITl'TION. 
735
736to enforce it. The consequence was, that the 
737right recognized was often violated. 
738
739A charter was granted by Henry I, contain- 
740ing a solemn promise to respect all ancient 
741rights. The promises were large and liberal, 
742hut they were incessantly violated. 
743
744Stephen, the successor of Henry I, granted 
745two charters to his subjects ; the one confirming 
746the liberties granted by Henry I. and the laws 
747of Edward the Confessor; and the other prom- 
748ising to reform the abuses and exactions of his 
749sheriffs.* 
750
751Even the charter of Henry II. in 1 154, ex- 
752presses nothing more than a recognition of 
753rights, containing no new promise, and no con- 
754cession of guaranties. 
755
756Xo concession or charter ever proved of 
757much avail until we come to the reign of John, 
758the period of magna cliarta. in 1215. Here, a 
759number of things combined together to produce 
760a result, one of the most momentous anywhere 
761recorded. 
762
763". The title of John to the crown was defect- 
764ive. Arthur, the son of an elder brother, being 
765
766•Guizot, History Representative Government, 305. 
767
768
769
770CHARTERS <>F UK 1 1 IIS. 27 
771
772the real heir, and who is supposed to have been 
773murdered by John. 
774
775//. The licentious acts and cruelties of John 
776had rendered him an object of hatred, loathing, 
777and deep aversion to the English barons. 
778
779c. The loss of Normandy deprived English 
780barons of their Norman homes, and rendered 
781them more purely English. The Norman and 
782Saxon hereafter are found amalgamating togeth- 
783er, and instead of mutual hostility a union is 
784gradually forming between them. 
785
786</. Thei" was as vet no standing armv. the 
787raising of forces still depending upon the prin- 
788ciples embraced in the feudal system. 
789
790e. Stephen de Langton, both cardinal and 
791primate, was an Englishman, having English 
792sympathies, and heartily united with the En- 
793glish barons in their struggle with the crown. 
794
795/. The existence of the commons, the people, 
796began to be an established fact in England. The 
797barons were the first to make this discovery, and 
798to invoke their aid against the tyrant. Besides, 
799as they demanded concessions from the king, 
800thev were also willing to make like concessions 
801
802
803
80428 THE BRITISH CONSTITUTION. 
805
806to their own vassals, so that the feudal fetters 
807bound with far less severity. 
808
809(/. The character of John, his dissimulation, 
810rashness and pusillanimity, his treachery and 
811weakness, all conspired to render him just the 
812very king, to all appearances, sent for the pur- 
813pose of granting the great charter. 
814
815After various negotiations and acts of hostil- 
816ity between the king and barons, the parties 
817finally met on the L9th June, 121."). on the plain 
818of Kunnvmede. a grassy plain of about one 
819hundred and sixty acres, on the south bank 
820of the Thames, between Staines and Windsor. 
821Here was wrested from John, magna charta, the 
822great charter of English rights, devoted almost 
823exclusively to the settlement of the rights, and 
824confirmation of the privileges claimed by the 
825laity. 
826
827This charter seems to have been the first 
828document establishing a distinction between the 
829greater and lesser barons,* and the higher and 
830lower clergy, leading to the fact of separation 
831between the two houses of parliament. It also 
832determines, with great accuracy, what had been 
833
834*Guizot, Representative Government, 314. 
835
836
837
838CHARTERS OF RIGHTS. 29 
839
840obscure and ambiguous in the feudal laws, mod- 
841ifying and mollifying, to a great extent, their 
842operation. It fixes the amount of relief; it pro- 
843vides that, with Certain trMing exceptions, no 
844eseuage, or extraordinary aid. shall be imposed 
845except by the national council of the kingdom, 
846thus furnishing the germ of the principle that 
847no tax shall be imposed without the consent of 
848those who are taxed, or their representatives. 
849
850The barons by no means limited their de- 
851mands to the obtaining of privileges for them- 
852selves. Almost all the immunities granted to 
853them, with respect to the king, the vassals 
854obtained with respect to their lords. 
855
856Very important provisions were introduced 
857regulating the administration of justice. 
858
859By article thirty-nine, it is provided: '-'-No 
860freeman shall be arrested or imprisoned, or dis- 
861possessed of his tenement, or outlawed, or ex- 
862iled, or in anywise proceeded against ; we will 
863not place or cause to be placed, hands upon him, 
864unless by the legal judgment of his peers, or by 
865the law of the land." 
866
867And by article forty: "Justice shall not be 
868sold, refused or delayed to anyone." 
869
870
871
872THE BRITISH CONSTITUTION. 
873
874It makes tin- king grant and assure to the 
875city of London. as well :is to all the other cities, 
876boroughs, towns and harbors, the possession of 
877their ancient customs and liberties. 
878
879It provides for holding the general council of 
880Ihe kingdom concerning the assessment of aids, 
881as follows : ,v We shall cause to he summoned 
882the archbishops, bishops, abbots, earls, and the 
883greater barons of the realm, singly by our 
884letters. And furthermore we shall cause to be 
885summoned generally by our sheriffs and bailiffs, 
886all others who hold of us in chief, for a certain 
887day. that is to say. forty days before their meet- 
888ing at least, and to a certain place : and in all 
889letters of such summons we will declare the 
890cause of such summons. 
891
892It also provides that all merchants shall have 
893full and free liberty of entering England, of 
894leaving it, of remaining there, and of traveling 
895there by land and by water; to buy and to sell 
896without being subject to any oppression accord- 
897ing to the ancient and common usages. 
898
899The foregoing embrace the principal pro- 
900visions contained in the great charter. They 
901are. thus far. nothing but promises, concessions 
902
903
904
905CHARTERS OF RKSIITS. 31 
906
907of rights. The barons, however, had now seen 
908sufficient to be satisfied that, without adequate 
909guaranties, there could be nothing to insure the 
910performance of these promises. They accord- 
911ingly provided the following as such guaranty, 
912viz: the election by them of twenty-five out of 
913their own number, who should be charged to 
914exercise all vigilance, that the provisions of the 
915charter may be carried into effect, their powers 
916to be unlimited. Their duties were the follow- 
917ing: In case the enactments of the charter were 
918violated by the king in the smallest particular,* 
919they should denounce the abuse, before the 
920king, and demand that it be instantly checked. 
921If the king fail to comply with this demand, 
922then the barons were vested with the right, 
923forty days after the issuing of the summons, to 
924prosecute the king, to deprive him of his lands 
925and castles until the abuse should be reformed 
926to their satisfaction. 
927
928This was undoubtedly as complete a guaranty 
929as the spirit of that age required, or its compre- 
930hension could understand. The great detect 
931was, the want of constitutional forces to enforce 
932
933*Guizot, Representative Government, 315, 316. 
934
935
936
93732 THE BRITISH CONSTITUTION. 
938
939its observance. The only forces it provided 
940were a civil war, a resort to physical force. 
941This w:is in harmony with the spirit of the age. 
942The embodiment of political force in the consti- 
943tution itself, and its quiet, peaceful production 
944of effects without a resort to the calamities of 
945war, had not then entered the conceptions of 
946men. Bat even this forcible guaranty was of 
947greal value, as it centralized the feudal aristoc- 
948racy by organizing the council of barons. 
949
950John afterwards procured the great charter to 
951be annulled by the pope. Innocent III, and the 
952barons excommunicated; but Archbishop Lang- 
953ton refused to pronounce the sentence. John 
954had scarcely got his army on foot when he was 
955called away by death. 
956
957The evil of relying upon physical force, a 
958civil war. to secure the observance of guaran- 
959ties, was soon perceived and strongly felt. Even 
960under the reign of John's successor, Henry III, 
961efforts were made for other securities than force. 
962In the early part of it, a new charter was 
963granted, corresponding mainly with that granted 
964by John, but in it the right of resistance by 
965
966
967
968CHARTERS OF RIGHTS. 33 
969
970armed force, in case the king should violate his 
971promises, was nol included. 
972
973Repeated violations of the charter took place, 
974and in order to obviate these the expedient was 
975adopted of appointing twelve knights in each 
976county, who should inquire what, according to 
977ancient usages, were the rights of the king and 
978the liberties of his subjects. 
979
980Henry, on coining of age, revoked all the 
981charters he had granted. This gave rise to 
982great discontents, and these to new confirmations 
983of charters, which were again violated. Civil 
984war was now declared. Rebellion occurred, but 
985its aim now was less to obtain the renewal of 
986charters than to found practical guaranties of 
987recognized rights. The result was a general 
988renewal of the charters, granted on the 14th 
989March, 1264. This was little other than a 
990treaty of peace between the king and the 
991barons. 
992
993The struggle continued with unabated force 
994
995under Edward I ; but neither party appealed to 
996
997arms. The day of physical force had, for the 
998
999present gone by. The contest was continued, 
1000
1001C 
1002
1003
1004
1005^4 THE BRITISH CONSTITUTION. 
1006
1007hut its theatre was changed. So long as mate- 
1008rial forces were looked to for the enforce- 
1009ment of guaranties, it is clear that the higher 
1010triumph of political forces peacefully accomplish- 
1011ing their results through the constitution, can 
1012never take place. Both parties cannot fail in 
1013time to grow weary of a constant resort to 
1014physical force. It impoverishes and destroys 
1015without leaving any equivalent. The spirit it 
1016engenders is only one of hatred and hostility. 
1017its mission, therefore, is well and wisely lim- 
1018ited. 
1019
1020Edward was a conqueror and much engaged 
1021in wars. The prosecution of these required 
1022large sums of money, to obtain which he did 
1023not scruple to adopt violent and arbitrary 
1024measures. This resulted in complaints and dis- 
1025satisfaction. During his absence on the con- 
1026tinent, his representative in England, the prince 
1027regent, assembled a parliament in October, 
10281297. There a general confirmation of the 
1029charters, with several additions, was demanded, 
1030which the prince regent granted, and Edward 
1031some time after sanctioned. On his return to 
1032England, the barons demanded that, in his own 
1033
1034
1035
1036CHARTERS OF RIGHTS. 35 
1037
1038person, lie should confirm them. After consid- 
1039erable evasion, he finally granted a new confirm- 
1040ation, but with a restrictive clause which really 
1041annulled the grant. 
1042
1043This raised against him a storm of public 
1044opinion which threatened a resort to force. 
1045Being severely pressed, he finally convoked a 
1046parliament m March, 1300, at which he con- 
1047firmed, without any restrictions, all the conces- 
1048sions he had already made, superadding to them 
1049new guaranties. These latter principally con- 
1050sisted in the provision that the charters should 
1051be publicly read in the county courts four times 
1052every year,* and that there should be elected in 
1053each county court, from among the knights of 
1054the court, three justices, sworn to receive all 
1055complaints of infractions of the charters, and 
1056to pronounce penalties against the offenders. 
1057
1058So also in a parliament held in 1301, Edward 
1059again confirmed the charters. 
1060
1061These repeated oaths of confirmation hung 
1062heavy upon the conscience of Edward. They 
1063subjected him to a restraint which he but illy 
1064endured. Towards the close of the year 1304. 
1065
1066•Gulzot, Representative Government, 329. 
1067
1068
1069
107036 THE BRITISH CONSTITUTION. 
1071
1072he applied to Pope Clement V, for a release 
1073from these oaths. By a hull, dated January .">, 
10741305, the pontiff declared that all the promises 
1075and concessions made by Edward were abro- 
1076gated, null and void. 
1077
1078Thi> hull he, for a long time, kept secret, 
1079resorting to secret manoeuvres to overthrow the 
1080charters. But it was now too late. Almost 
1081a century had elapsed since the great charter 
1082had been wrested from king John On the plains 
1083of Runnvmede. Since that time almost a con- 
1084stant warfare had been kept up between the 
1085king on the one side, and the barons and grow- 
1086ing power of the commons on the other. This 
1087had been waged on battle-fields and in parlia- 
1088mentary discussions. The eye of the nation 
1089had seen the one, and the ear of the nation 
1090drank in the other, until a public opinion began 
1091to be formed, before which, in the absence of 
1092large standing armies, monarchs themselves 
1093were becoming impotent. Hence, the confirma- 
1094tion by Edward in 1301, was the last confirmation 
1095ever made. The right which it proclaimed 
1096was definitely recognized. From that period the 
1097charters, notwithstanding all attacks made upon 
1098
1099
1100
1101CHARTERS OF RIGHTS. ?u 
1102
1103them have remained as the immovable basis of 
1104public right in England." 
1105
1106We now close the consideration of that part 
1107of the British constitution derived from charters. 
1108The rights thus acquired have not come up from 
1109the people, and been by them maintained, but 
1110they have conic down from the throne, through 
1111the agency,) of (he barons. They have been 
1112wrested by force, physical and moral, from that 
1113which at one period, concentrated all political 
1114power, the crown. England owes much, if 
1115not all, her constitutional freedom and power 
1116to the stern integrity, inflexible purposes, 
1117and steady onward progress of her baronial 
1118aristocracy. And we shall presently find that 
1119the same power so efficient in wresting rights 
1120under the form of concessions from the crown, 
1121constitutes, in the working of the constitution, 
1122that element of conservatism, strength and 
1123stability, that affords the promise of perpetual 
1124endurance. 
1125
1126*Gulzot, Representative Government, 330. 
1127
1128
1129
1130233592 
1131
1132
1133
11343S THE BRITISH CONSTITUTION. 
1135
1136
1137
1138CHAPTER III. 
1139
1140ORIGIN AND GROWTH OF THE ENGLISH PARLIA- 
1141MENT. 
1142
1143We now proceed to the third branch of in- 
1144quiry relating to England's constitutional history, 
1145viz: the origin and growth of the English par- 
1146liament, including the successive steps or stages 
1147by which the two houses attained their political 
1148power, and the principle of representation 
1149became firmly established. 
1150
1151This assumes directly the contrary position 
1152from that just considered. That assumed that 
1153all political power centered in the crown, and 
1154that all rights were nothing more than con- 
1155cessions from prerogative?. This, that the peo- 
1156ple were the great source of power, and that all 
1157authority legitimately came from them. The 
1158first brings power from above; the second sum- 
1159mons it from below. The point at which they 
1160meet is the central, focal one. around which 
1161
1162
1163
1164THE ENGLISH PARLIAMENT. 39 
1165
1166revolves the forces that together compose the 
1167British constitution. 
1168
1169It is essential here to understand the different 
1170functions of that general power which governs 
1171society. 
1172
1173First, we have the legislative, which imposes 
1174rules and laws upon the mass of society, and 
1175even upon the executive power. It is in its 
1176legislative capacity that the sovereignty of the 
1177state receives its highest development.* 
1178
1179But the law-making power can be of little 
1180effect without that necessary accompaniment, 
1181the law-executing power. Next, therefore, 
1182appears the executive, and this takes the daily 
1183oversight of the general business of society, 
1184war, peace, revenue, general execution of the 
1185laws. 
1186
1187But this law-executing power must be guided 
1188aright in its action. Hence the necessity of the 
1189judicial, which ascertains the law, defines it, 
1190puts upon it a construction, applies it to the 
1191many purposes of business and life, and adjusts 
1192all matters of private interest between individ- 
1193uals and the state and its citizens. 
1194
1195•Guizot, Representative Government, 288. 
1196
1197
1198
11994(1 THE BRITISH (ONSTITI IloN. 
1200
1201In addition to these is the administrative 
1202power, which is charged under its own responsi- 
1203bility, with the duty of regulating matters 
1204which cannot be anticipated and provided tor by 
1205any general laws. 
1206
1207The centralization of these four powers, and 
1208their union in one man creates a despotism. 
1209Their separation, and distribution in such a 
1210manner as that they shall severally operate as 
1211mutual restraints and cheeks upon each other, 
1212creates a free government. It is in their union 
1213and their separate action that we find most of 
1214the distinctive differences between the monarchi- 
1215cal governments of the continent, and the mixed, 
1216tree government of great Britain. 
1217
1218On the continent centralization has destroyed 
1219all localization, absorbed all local powers, and 
1220resulted in a more or less strongly unqualified 
1221absolutism. 
1222
1223In England, fortunately, local powers have 
1224never been destroyed. They have been pre- 
1225served through a thousand vicissitudes. They 
1226have been harmoniously developed, have regu- 
1227lated and defined their own action. The 1 central 
1228government, as we now behold it, has been a 
1229
1230
1231
1232THE ENGLISH PARLIAMENT. 41 
1233
1234gradual emanation from them. Its formation 
1235lias had a commencement, a progress, a history, 
1236all replete with interest and instruction. 
1237
1238The Saxons, as we have seen, had their witen- 
1239agemote, or couneil of wise men. who were 
1240advisers of the king. The first Norman kings 
1241had their council of barons, an assembly of 
1242nobles who treated of affairs of stale or assisted 
1243the king in the adminstration of justice. The 
1244legislative and judicial powers were united, and 
1245belonged to this assembly. The ancient usage 
1246was that the nobles should meet at Christmas 
1247either for a celebration or deliberation concern- 
1248ing the affairs of the kingdom. They were 
1249occupied in legislation, ecclesiastical affair-, 
1250questions of peace and war, imposition of taxes, 
1251or other matters of government. 
1252
1253As to the constitution of these assemblies it 
1254was undoubtedly feudal, and composed of the 
1255king's vassals, who owed him service both at 
1256court and in war. But these could not all have 
1257attended, as the vassals of William I exceeded 
1258six hundred in number. There is here no trace 
1259of election or representation. Under the first 
1260Norman kings two forces composed the govern- 
1261
1262
1263
1264£2 THE BRITISH CONSTITUTION. 
1265
1266iiit'iit: royalty and the council of barons. The 
1267history of England's chartered rights reveals 
1268the Btruggle between these two forces. It was 
1269during the continuance of this struggle that the 
1270commons commenced rising into importance. 
1271The fact that, more than any other, proves the 
1272rise of the commons, is the introduction of 
1273county deputies into parliament. 
1274
1275The first clear trace of this is in 1214, in the 
1276assembly convoked by John at Oxford. Some 
1277writs then issued, ordered that the followers of the 
1278barons should present themselves at Oxford with- 
1279out arms," and enjoined besides that the sheriffs 
1280should send to Oxford four approved knights from 
1281each county "in order to consider, with as, the 
1282affairs of our kingdom." Here, for the first time, 
1283is representation, that is, the admission of certain 
1284individuals, who should appear and act in the 
1285name of all. The object undoubtedly was to 
1286attach the knights to the royal interest in the 
1287contest with the barons. The same struggle and 
1288policy ran through the reign of Henry III. 
1289
1290Forty years later, in 1251, in convoking an 
1291extraordinary parliament in London, Henry III 
1292
1293*Guizot, History Representative Government, 358. 
1294
1295
1296
1297THE ENGLISH PARLIAMENT. 43 
1298
1299addressed a writ to the sheriffs enjoining: them 
1300to cause two knights to be eleeted in the county 
1301coints '• in the stead of each and all of* then!,"* 
1302to deliberate on the aid to be granted to the 
1303king. Here is real representation. It is the 
1304entrance of the commons into parliament in the 
1305persons of the two knights who represent 
1306them. 
1307
1308Ten years later still, in 12<>4, a parliament 
1309was convoked to consist of peers, county depu- 
1310ties, aiid also borough deputies, thus giving it 
1311the extent it has since preserved. 
1312
1313The difference between county and town or 
1314borough deputies was. that the former came in 
1315right of being the immediate vassals of the 
1316king, while the latter came not upon any prin- 
1317ciple of right, but depended entirely upon 
1318isolated facts bearing no relation to one another. 
1319No general principle was invoked applying to 
1320all towns and boroughs. The grant of repre- 
1321sentatives to one did not involve any similar 
1322concession to another, f or others. Here, thus 
1323early, we discern the radical vice in the electoral 
1324system of England, which gave rise to the rot- 
1325
1326•Guizot, History Representative Government, 366. fldem, 355. 
1327
1328
1329
133044 THE BRITISH CONSTITUTION. 
1331
1332ten borough system, so much complained of un- 
1333til the passage of the reform bill in 1821. It 
1334arose from the privilege first conferred upon 
1335boroughs or towns, which finally ripened into 
1336rights. The borough changed sometimes, al- 
1337most totally disappeared in the progress of time. 
1338But the right to send representatives still re- 
1339mained, and hence, in some eases, where the 
1340entire borough was owned by one individual, 
1341he alone was entitled to send the representative. 
1342At the same time other places had grown up 
1343into importance where no such right existed. 
1344Thus the representation of boroughs grew to 
1345l>e, in the extremes! degree, unequal. 
1346
1347The regular parliaments embodying the 
1348principle of representation, having found their 
1349origin in the troublous times of John and 
1350Henry II. became more thoroughly formed and 
1351consolidated during the reign of Edward I. 
1352
1353Two kinds of parliament appear during this 
1354reign ; the one composed only of the higher 
1355barons, the other of deputies from counties and 
1356boroughs. The attributes of these wire almost 
1357identical, the same powers being often exercised 
1358by each. The first mentioned met much more 
1359
1360
1361
1362THE ENGLISH PARLIAMENT. 45 
1363
1364frequently, the hist only upon extraordinary 
1365occasions, when some general impost was to be 
1366obtained from the freeholders. 
1367
1368In 1295, a complete parliament was convoke* I 
1369at Westminster, the writs being addressed to 
1370the bishops and archbishops, ordering them to 
1371cause a certain number of deputies for the chap- 
1372ters and for the clergy to be nominated." also 
1373summoning forty-nine earls or barons individ- 
1374ually, and also enjoining the sheriffs to cause 
1375two knights to be elected for each county, ami 
1376two deputies for each borough in the county. 
1377
1378This parliament, at its meeting, was divided 
1379into two houses, one containing lay representa- 
1380tives, the other ecclesiastical ; their place of 
1381meeting and votes being distinct. 
1382
1383In the beginning of the fourteenth century 
1384the parliament already rested on a fixed basis. 
1385It was composed 
1386
1387a. Of earls or lay barons which the king 
1388convened individually. Along with these were 
1389the principal functionaries of the king, such as 
1390the judges and members of the privy council. 
1391
1392h. Of archbishops, bishops, abbots, and pri- 
1393
1394*Gulzot, Representative Government, ?<Tl. 
1395
1396
1397
13984i> THE BRITISH CONSTITUTION. 
1399
1400ors, also summoned individually.* In regard 
1401to both these, and the earls or barons, no law or 
1402precedent defined who should be summoned. 
1403The king acted arbitrarily in this respect, sum- 
1404moning whoever he pleased. It had no* vet 
1405settled into an hereditary right. 
1406
1407r. Of deputies, from the knights or freehold- 
1408ers of the counties. Here we meet with repre- 
1409sentation. The convocation of these deputies 
1410was more certain as it resulted from the right 
1411of every immediate vassal to a seat in the 
1412general assembly ; and regular, because the 
1413county courts, whence they originated, were. 
1414all over England, composed of the same ele- 
1415ments, and possessed of the same interests, con- 
1416stituting a uniform and identical whole, each br- 
1417ing equally entitled to the privilege of repre- 
1418sentation. 
1419
1420d. Of deputies from cities, towns and bor- 
1421oughs. There was here no certainty or regular- 
1422ity. The admission of deputies from one city 
1423or town did not involve their admission from 
1424another, or even from the same at a future time. 
1425The number of town and borough deputies was 
1426
1427* Guizot. History of Representative Government, 374. 
1428
1429
1430
1431THE ENGLISH PARLIAMENT. 47 
1432
1433not fixed, but determined arbitrarily by the 
1434king. But the convocation of two for each 
1435county, and as many for each borough, finally 
1436passed into a rule. Neither the convocation of 
1437county nor borough deputies was originally a 
1438public necessity, but it became such when con- 
1439sent in all matters of impost was recognized as 
1440a right. 
1441
1442Who were the electors in the counties and 
1443boroughs, and what was the manner of election? 
1444In regard to the former, two facts present them- 
1445selves.* 
1446
1447a. The direct vassals of the king who, on 
1448account of their inferior importance, ceased to 
1449attend the general assembly ; naturally made it 
1450their business to attend the county courts. 
1451
1452b. The great body of freeholders also attend- 
1453ed the same courts, and the one became merged 
1454in the other, both exercising the same rights. 
1455This general assembly of freeholders, having 
1456local as well as general matters to attend to, fell 
1457into the habit of appointing some one or more 
1458of its members, to attend to their local or 
1459general business. 
1460
1461* Guizot, Representative Government, 379. 
1462
1463
1464
14651:8 THE BRITISH CONSTITUTION. 
1466
1467The boroughs have a different history. It 
1468was not there the freeholder but the citizen, 
1469who controlled its operations. It was the citi- 
1470zens who managed the affairs of the borough in 
1471virtue of their charter, upon whom devolved the 
1472righl of naming its representatives. 
1473
1474The electoral rights, were therefore, entirely 
1475different in the counties and boroughs. In the 
1476former being regular they have adapted them- 
1477selves to all the vicissitudes of property, and 
1478have become proportionally extended, while in 
1479the boroughs, until the late parliamentary re- 
1480form, they have remained unaltered. The 
1481mode of election was by open voting, which 
1482became perpetuated. 
1483
1484The true principle of representation in re- 
1485lation to counties and boroughs was originally 
1486carried into parliament.* The representatives 
1487of each entering there remained distinct. Those 
1488of the boroughs never deliberated with those of 
1489the counties: each treated with the government 
1490as to those affairs alone which interested itself , 
1491consenting on its own account to the imposition 
1492of taxes on its own constituency. 
1493
1494•Guizot. Representative GoverWmetit, 393, 
1495
1496
1497
1498THE ENGLISH PARLIAMENT. 4i> 
1499
1500In process of time, however, this became 
1501changed, the county and borough members he- 
1502coining united into one single assembly."" To- 
1503wards the middle of the fourteenth century the 
1504parliament was divided into two houses, one 
1505the house of lords, in which the great barons 
1506were individually summoned ; the other that of 
1507the commons, comprising all the elected repre- 
1508sentatives of counties and boroughs. 
1509
1510This was an important result, and one that 
1511has fixed the destiny of England. Had the rep- 
1512resentatives of the counties and boroughs con- 
1513tinued to remain separate in their meeting, in 
1514their interests, and in their action, the power of 
1515the commons would have been divided, and 
1516thus necessarily weakened, and by creating 
1517divisions between the two, the king, in con- 
1518junction with the lords, might easily have over- 
1519come them. But the representatives of the 
1520counties and boroughs having the same origin , 
1521appearing in parliament by virtue of the same 
1522title, election ; each alike in having in charge 
1523certain local interests, which were often identi- 
1524cal ;f by forming with each other a union so inti- 
1525
1526*Guizot, Representative Government, 419. tldem, 422. 
1527
1528D 3 
1529
1530
1531
153250 THE BRITISH CONSTITUTION. 
1533
1534mate as to form constituent parts of the same 
1535assembly, acquired for themselves such com- 
1536bined and concentrated power as to render 
1537them a co-ordinate branch of the English govern- 
1538ment, and vest in them the political supremacy 
1539which their real importance demanded. Thus, 
1540while the great barons, composing the house 
1541of lords, constituted the chief council of the 
1542king, and engaged in public affairs in a perma- 
1543nent manner by reason of their personal im- 
1544portance, the representatives of the counties 
1545and boroughs, clothed with a power not per- 
1546sonal but representative, interfering in public 
1547affairs onl} r from time to time and in certain 
1548particular cases, were enabled by their combi- 
1549nation and united action, to exert an influence, 
1550little less than controlling, in the administration 
1551of the government. 
1552
1553The great lever through which the commons 
1554rose into power, and ultimately compelled that 
1555power to be recognized by the crown, Avas in 
1556the grant of supplies. When once the point 
1557was conceded, that the only road to the pockets 
1558of the people lay through the house of commons; 
1559that their vote alone could replenish an exhaust- 
1560
1561
1562
1563THE ENGLISH PARLIAMENT. 51 
1564
1565ed treasury ', they acquired a constitutional im- 
1566portance which cannot well be overestimated. 
1567This right, although early conceded, yet they 
1568were long in fully acquiring. But in the early 
1569part of the fourteenth century we find them 
1570possessed of so much strength in the exercise of 
1571it as to venture upon the annexation of condi- 
1572tions. In 1309 when granting to Edward II a 
1573twentieth part of their movable goods, they ex- 
1574pressly attached the condition that "the king 
1575should take into consideration, and should 
1576grant them the redress of certain grievances of 
1577which they had to complain/'' 
1578
1579In 1322 a statute Avas passed declaring that 
1580" thenceforward all laws respecting the estate 
1581of the crown, or of the realm and people, must 
1582be treated, accorded and established in parlia- 
1583ment by the king,* by and Avith the assent of 
1584the prelates, earls, barons, commonalty of the 
1585realm." This amounts, thus early, to a clear 
1586recognition of the commonalty as a co-ordinate 
1587branch of the government, and of its right to 
1588interfere in legislation, and all great public 
1589affairs. 
1590
1591'Gutzot, Representative Government, 461. 
1592
1593
1594
159552 THE BRITISH CONSTITUTION. 
1596
1597In perfect accordance with the principle thus 
1598early embraced in this statute, we find the 
1599action of the government. In 1328, a treaty of 
1600peace was made with Scotland, which was con- 
1601cluded with the consent of the parliament."" In 
16021331, Edward III consulted the parliament on 
1603the question of peace or war with France. In 
16041336, it urged the king to declare war against 
1605Scotland. In 1341, the parliament pressed Ed- 
1606ward III to continue the war in France, and 
1607furnished him with large subsidies. In 134:!. 
1608the parliament was convoked to examine and 
1609advise what had best be done in the existing 
1610state of affairs. In 1361, peace with France 
1611having been concluded, the parliament was con- 
1612voked, and the treaty was submitted to its in- 
1613spection, and received its approval. In 1368, 
1614the negotiations with Scotland were submitted 
1615to the consideration of the parliament. In 
16161369, the king consulted the parliament as to 
1617whether he should recommence the war with 
1618France, because of the non-observance of the 
1619conditions of the last treaty; and the parlia- 
1620ment advised him to do so, and voted subsidies. 
1621
1622•Creasy, 218, 219. 
1623
1624
1625
1626THE ENGLISH PARLIAMENT. 53 
1627
1628These facts are all valuable as showing the 
1629constant practice of intervention by the com- 
1630mons in important national affairs at this early 
1631period, and during the strong reign of Edward 
1632III. 
1633
1634Another fact which it becomes important 
1635here to notice is the right of petition, its 
1636essence, origin and history. Its essence is a 
1637right to demand the reparation of an injury, or 
1638to express a desire. In the fourteenth century 
1639all petitions were addressed to the king. He 
1640governed, and possessed both the right and the 
1641power to redress grievances. But he governed 
1642in his council, the most eminent and extensive 
1643of which was the parliament. The regular 
1644practice was, that the king, by officers specially 
1645appointed for that purpose, received and ex- 
1646amined all petitions, and afterwards called the 
1647attention of both houses to those with whose 
1648prayers he could not comply without their sanc- 
1649tion. The interference of the houses of parlia- 
1650ment was, therefore, only in certain cases, and 
1651then as a necessary council. All propositions 
1652in either house took the form of petitions to the 
1653king for his order, assent, or edict, which thus 
1654
1655
1656
1657. r >4- THE BRITISH CONSTITUTION. 
1658
1659had the force of law; and at the close of each 
1660session, the clerks in chancery reduced the 
1661whole to a form of statutes. Thus, in its origin, 
1662the houses of parliament, and more especially 
1663that of the commons, were themselves the great 
1664public petitioner. 
1665
1666When the house of commons had achieved 
1667the position of a co-ordinate branch of the gov- 
1668ernment, and acquired the possession of power 
1669as such, the right of petition to the two houses 
1670of parliament became regarded as a natural con- 
1671sequence of the right of petition to the king. 
1672
1673The importance of this consists principally 
1674in the creation of new avenues to the introduc- 
1675tion of business. Formerly the government 
1676brought forward the questions which gave rise 
1677to the discussions in the two houses. Now the 
1678right of petition introduces a new initiative, and 
1679the humblest citizen, who forms no part of the 
1680public power, can, nevertheless, through the ex- 
1681ercise of that right, introduce a subject of dis- 
1682cussion, and thus set that power in motion. 
1683
1684It was during the lon<r half century reign of 
1685Edward III that the parliament acquired much 
1686of its present constitution. We have already 
1687
1688
1689
1690THE ENGLISH PARLIAMENT. 55 
1691
1692seen the numerous instances of its intervention 
1693in the affairs of government. Another fact 
1694characterizing this reign is the great regularity 
1695with which the parliament was convoked. Dur- 
1696ing his reign there were forty-eight sessions, 
1697nearly one session in each year. It passed acts 
1698providing for the regularity of its own convo- 
1699cation, and also to insure the security of its de- 
1700liberations. 
1701
1702Again, it is during this reign that we hear 
1703for the first time of the parliament being di- 
1704vided into two houses ;* and quite at the end of 
1705the same reign, in 1377, the parliamentary rolls 
1706first make mention of the speaker of the house 
1707of commons. 
1708
1709Another important fact to be noticed during 
1710this reign is the voting of taxes. Many in- 
1711stances occur of the imposition of arbitrary and 
1712illegal imposts, but the perseverance of the 
1713commons in the maintenance of their exclusive 
1714right of taxation was steady and continuous. 
1715They, in two cases, even extended it beyond the 
1716concession of subsidies. In 1340, the parlia- 
1717ment appointed certain persons to receive the 
1718
1719*Guizot, Representative Government, 478. 
1720
1721
1722
172356 THE BRITISH CONSTITUTION. 
1724
1725accounts of the tax-collectors, and required 
1726them to give security for the payment of all 
1727they received. This is interesting as containing 
1728the germ of a right subsequently asserted and 
1729maintained, of demanding an account of the 
1730national expenditures. The first step in that 
1731direction was taken by making sure of the fideli- 
1732ty of the receipts. In 1354. the parliament, in 
1733granting a tax on wool, annexed to it a condi- 
1734tion that the money so raised should be devoted 
1735to the war then carried on. This presents us 
1736with the rudiment of another parliamentary 
1737right, that of the appropriation of the public 
1738funds. The parliament appear during this 
1739reign to have participated generally in legisla- 
1740tion. This is evident from the form of the 
1741statutes passed. 
1742
1743Besides taking an active part in things re- 
1744lating to wars and foreign affairs, the interfer- 
1745ence of parliament in the internal administration 
1746of the country was no less strongly marked. 
1747In 1342, the commons, profiting by an exhaust- 
1748ed treasury, presented to the king two petitions. 
1749
1750" That certain by commission may hear the 
1751account of those who have received wools, 
1752
1753
1754
1755THE ENGLISH PARLIAMENT. 57 
1756
1757moneys, or other aid for the king, and that the 
1758same may be enrolled in the chancery." This, 
1759with some slight modification, was granted. 
1760
1761*' That the chancellor and other officers of 
1762state may be chosen in open parliament, and at 
1763the same time be openly sworn to observe the 
1764laws of the land and magna charta." This also 
1765was granted with some modification. These, 
1766with their modifications, were immediately con- 
1767verted into statutes. Here again we find the 
1768rudiments of ministerial responsibility to parlia- 
1769ment ; the claim to exercise some influence over 
1770the choice of ministers, and also to hold them 
1771responsible for their conduct, 
1772
1773Thus the long reign of Edward III saw the 
1774English parliament established on a permanent 
1775basis. It has undergone but little real alteration 
1776since, only its functions have become better 
1777defined. 
1778
1779The power of the commons also increased 
1780under Richard II, so that at the accession of 
1781Henry IV, it might be said of the three follow- 
1782ing points, that the first was decided in their 
1783favor ; the second admitted in principle, and the 
1784
1785
1786
178758 THE BRITISH CONSTITUTION. 
1788
1789third confirmed by frequent exercise. These 
1790were : 
1791
1792a. That they alone could grant taxes. 
1793
1794h. That all laws enacted must be with their 
1795consent. 
1796
1797C. That the administration of government 
1798was subject to their inspection and control. 
1799
1800During: the domination of the house of Lan- 
1801caster, the parliament also made some progress. 
1802The want of a clear title in the princes of that 
1803house probably exerted an influence on the ex- 
1804tent of their prerogative claims. The parlia- 
1805ment exercised with much opposition : * 
1806
1807a. The voting of taxes. 
1808
1809b. The appropriation of the subsidies. 
1810
1811c. The investigation of the public accounts. 
1812
1813d. Intervention in the legislature. 
1814
1815e. Impeachment of the great officers of the 
1816crown. 
1817
1818Two additional rights were also claimed, and 
1819quite a progress made towards their complete 
1820recognition under the Lancastrian princes. 
1821These were : 
1822
1823a. Liberty of speech to the members. 
1824
1825*Guizot, Representative Government, 510. 
1826
1827
1828
1829THE ENGLISH PARLIAMENT. 59 
1830
1831h. The inviolability of the members, their 
1832freedom from arrest. 
1833
1834In 1407, in a debate as to which house should 
1835have the exclusive right to introduce bills for 
1836the raising of taxes, it was finalty settled : * 
1837
1838a. That such right should belong exclusively 
1839to the commons. 
1840
1841h. That it was the right of both houses that 
1842the king should take no cognizance of the sub- 
1843ject of their deliberations until they had come to 
1844a decision upon it, and could lay it before him as 
1845the desire of the lords and commons in parlia- 
1846ment assembled. 
1847
1848It was at this epoch that the lodgment of the 
1849ultimate judicial power was settled. That power 
1850originally resided in the entire parliament. At 
1851the suggestion of the commons in 1399, it was 
1852declared to belong exclusively to the house of 
1853lords. 
1854
1855During the reign of Henry VI, an act was 
1856passed limiting the right of franchise, f and 
1857enacting that for the future, knights of the shire 
1858shall be chosen by people dwelling and resident 
1859in the counties, whereof every one of them shall 
1860
1861*Guizot, Representative Government, 514. tCreasy, 231. 
1862
1863
1864
186560 THE BBITISH CONSTITUTION. 
1866
1867have free land or tenement to the value of forty 
1868shillings, by the year at least, above all charges. 
1869Two years later was passed an act requiring the 
1870voter's freehold to be situate in the county for 
1871which he votes, and these contain essentially the 
1872basis for voting which has ever since been acted 
1873upon. During this long reign of Henry VI the 
1874power of parliament advanced, and almost ab- 
1875sorbed the entire government. 
1876
1877During the century that occurred between 
1878Richard II and Richard III. there was a great 
1879diminution of England's feudal aristocracy. 
1880This was the era of sanguinary wars between 
1881the partisans of the houses of York and Lancas- 
1882ter ; between the white and red roses. Many of 
1883the great barons of England fell on the battle- 
1884field, and others were stripped of a great part 
1885or the whole, of their resources. Thus that 
1886sturdy baronial power that wrested magna 
1887charta from king John, no longer existed. It 
1888was broken down, and royalty had little to fear 
1889of opposition from that quarter. 
1890
1891The commons, it is true, had acquired many 
1892constitutional rights and privileges of great 
1893value. But thev also had been wasted by civil 
1894
1895
1896
1897THE ENGLISH PARLIAMENT. (>1 
1898
1899war; and besides, as against (lie crown, they 
1900were accustomed to follow the lead of the 
1901barons, and were not, therefore, in a condition 
1902to take their place in a struggle with royalty. 
1903
1904These were the circumstances under which 
1905the house of Tudor, in the person of Henry VII, 
1906acquired the crown of 1485. With an aristoc- 
1907racy so depressed, and well near annihilated, 
1908and with commons unaccustomed to take the 
1909lead in contests with the crown, and also 
1910laboring under great depression, we may nat- 
1911urally expect to see royalty again in the ascend- 
1912ant. We are not disappointed. The Tudors 
1913reigned with more absolute authority than their 
1914predecessors. Their better title to the crown, 
1915together with the circumstances just alluded to, 
1916enabled them to do this. 
1917
1918We find, therefore, Henry VIII, the success- 
1919or of Henry VII, performing many acts which 
1920mark the worst of tyrants, and during his reign 
1921some parliamentary acts were passed of a gen- 
1922eral character which appear to be wide devia- 
1923tions from any previous action. Of these we 
1924have : 
1925
1926a. An act passed in 1529. releasing the king 
1927
1928
1929
193062 THE BRITISH CONSTITUTION. 
1931
1932from all debts he had contracted six years be- 
1933fore, although his securities had in many cases 
1934passed into the hands of third persons who had 
1935purchased them for valuable considerations.* 
1936
19371). That empowering the king, on attaining 
1938the age of twenty-four years, to repeal all acts of 
1939parliament made while he was under that age. 
1940
1941c. That declaring the proclamations of the 
1942king in council, if made under pain of fine and 
1943imprisonment, to have the force of statutes, pro- 
1944vided they affected no one's property or life, and 
1945violated no existing law. and authorizing the 
1946king by proclamation to make any opinion 
1947heretical, and annexing death as the penalty of 
1948holding them. 
1949
1950These were each one, acts which disgraced 
1951the English parliament, and indicated the dispo- 
1952sition to lay the liberties of the English nation 
1953at the foot of the throne. And what was worse, 
1954the oppression of the Tudors. although it was in 
1955fact less severe than that of many of the Plan- 
1956tagenets, was nevertheless exercised upon sys- 
1957tem. Under them, royalty laid claim to a 
1958primitive independent sovereignty. The powers 
1959
1960'Brougham, in, 254. 
1961
1962
1963
1964THE ENGLISH PARLIAMENT. 63 
1965
1966of the prerogative were asserted as matter of 
1967right to have a legal supremacy. Under its 
1968fearful shadow, royalty declared itself absolute 
1969and superior to all laws. 
1970
1971What this might have led to a century earlier 
1972it might be difficult to say, but the sixteenth 
1973century broke upon England and Europe with a 
1974new light. The spirit of industry was abroad. 
1975It penetrated every department. Agriculture, 
1976the mechanic arts, manufactures, commerce, with 
1977all their stirring activities, pervaded the hearts 
1978of men. To carry all these out required the ex- 
1979ercise of bold, daring and free minds. The 
1980habits of the age, therefore, were all in direct 
1981hostility to the exorbitant claims of preroga- 
1982tive. 
1983
1984The result of this industrial activity was to 
1985accumulate wealth. Property lost its fixedness. 
1986It really changed hands, even baronial property 
1987could not stand against the spirit of the age. 
1988Landed property became divided, and between 
1989division and transfer the old feudal nobility 
1990wasted away. Persons who had acquired prop- 
1991erty by trade began to rise to distinction. At 
1992the beginning of the seventeenth century the 
1993
1994
1995
1996<'4 THE BRITISH CONSTITUTION. 
1997
1998high nobility, composing the house of lords, did 
1999nol equal in wealth the house of commons.* 
2000
2001There was something more than this new 
2002spirit and change of property, accompanied by 
2003change of circumstances. There was inaugurat- 
2004ed a new march of mind. The mind claimed its 
2005prerogative as well as the king. Thought was 
2006free, hold and searching in its character. The 
2007principles of the Puritans were taking root ii 
2008the soil of England. Political liberty could not 
2009long be divorced from those who were willing to 
2010sacrifice all for liberty of conscience. 
2011
2012Again, we are to consider that under the 
2013reign of the Tudors there were numerous con- 
2014cessions to the importance of parliament. This 
2015body under the Plantagenets had been a means 
2016of resistance, a guaranty of private rights, but 
2017under the Tudors it was an instrument of gov. 
2018eminent, of general policy. While, therefore, 
2019as in the very acts we have cited, it was the tool 
2020of royalty, yet even by that means its impor- 
2021tance became greatly increased. 
2022
2023The reign of the Tudors lasted a little over 
2024a century, and ended with that of Elizabeth, 
2025
2026'Guizot, 303. 
2027
2028
2029
2030THE ENGLISH PARLIAMENT. 65 
2031
2032about the close of the sixteenth century. At 
2033this period the free institutions of England may 
2034be said to consist : 
2035
2036a . Of maxims, principles of liberty, acknowl- 
2037edged in written documents.* 
2038
2039h. Of precedents, examples of liberty, which 
2040were scattered over their previous history. 
2041
2042c. Of particular local institutions, such as 
2043trial by jury, right of holding public meetings, 
2044of bearing arms, etc. 
2045
2046d. Of the parliament, now more necessary to 
2047the kings than ever, as their independent reve- 
2048nues, crown domains, and feudal rights, having 
2049disappeared, they had become dependent on 
2050their parliaments for their household expenses. 
2051
2052The house of Stuart succeeded to the crown 
2053in the person of James I, about the commence- 
2054ment of the seventeenth century. And then 
2055began the real contest between the crown and 
2056the parliament, which ended in the triumph of 
2057the latter. The mutterings of the tempest were 
2058heard during the reign of James, but it was 
2059rather a discussion of principles. He claimed 
2060absolute power as a birthright. His conduct 
2061
2062•Giiizot, 305. 
2063
2064E 3* 
2065
2066
2067
2068fif> mi: BRITISH CONSTITUTION. 
2069
2070was tickle weak and wavering, while the com- 
2071mons were firm and steady. 
2072
2073Hut under the second Stuart, Charles I, came 
2074the decisive conflict between the commons and 
2075the king, between tree inquiry and pure mon- 
2076archy. In the progress of the revolution three 
2077parties were very clearly developed. These 
2078were : - 
2079
2080a. The pure monarchy party, whose princi- 
2081ples were entirely monarchical, but who advo- 
2082cated legal reform. 
2083
2084h. The political revolutionary party, who 
2085deemed the ancient guaranties insufficient, and 
2086sought to place the preponderence of power in 
2087the house of commons. 
2088
2089c. The republican party, who went for a rad- 
2090ical change in the government, who sought to 
2091overthrow the old forms, and establish new 
2092ones ; who wished to extend the power of the 
2093two houses, particularly of the commons, by 
2094ofivinsj to it the nomination of the ^reat officers 
2095of state, and the supreme direction of affairs in 
2096general. Of these three, as is usual in revolu- 
2097tions, the last, which- was the most radical, and 
2098
2099X.ilizot. 30S-9. 
2100
2101
2102
2103THE ENGLISH PARLIAMENT. 67 
2104
2105animated with the most enthusiasm, was in the 
2106end triumphant. 
2107
2108The first act of warfare on the part of 
2109Charles was the imprisonment of members of 
2110parliament for words spoken in debate.* But 
2111tln» house compelled him to release them by re- 
2112fusing to proceed to business until their release. 
2113Next he dissolved the parliament, but this only 
2114led to the election of another still more hostile. 
2115Another dissolution led to a third parliament, 
2116and it was from this that the famous petition of 
2117right proceeded, which constitutes one of the 
2118pillars upon which reposes the English constitu- 
2119tion. By this, the parliament compelled the 
2120king to declare illegal the requisition of loans 
2121without parliamentary sanction, or the billeting 
2122of soldiers upon subjects, or commitment with- 
2123out legal process, or procedure by martial law. 
2124But when, in addition, they required him to 
2125give up the right of levying tonnage and pound- 
2126age, he again dissolved the parliament and im- 
2127prisoned the opposition leaders. 
2128
2129But to reign without a parliament was impos- 
2130sible, and another was summoned. This turned 
2131
2132*Brougham, in, 273. 
2133
2134
2135
213668 THK BRITISH CONSTITUTION 
2137
2138out 1o be what is termed the long parliament, 
2139
2140which survived the king. This parliament 
2141passed a l>ill to secure the calling of parliaments 
2142every three years; prohibited their dissolution 
2143by the king until after a session of fifty days; 
2144declared illegal all levies of customs and imposts 
2145without consent of parliament ; and forever 
2146abolished the star chamber and high commission 
2147courts, depriving the privy council of all juris- 
2148diction in criminal matters. They also passed 
2149an act to prevent a dissolution without their own 
2150consent, which, of itself, changed the entire 
2151constitution. 
2152
2153This parliament continued its session for 
2154eighteen years. Under its rule, war was waged 
2155against the king, who was ultimately taken, 
2156tried and executed. It abolished royalty, de- 
2157clared it treason to give any one the title of king 
2158without act of parliament, set aside the house of 
2159lords, thus leaving the whole power, legislative 
2160and executive, vested in the commons. 
2161
2162This parliament was succeeded by one of 
2163Oliver Cromwell's selection, called Barebone's 
2164parliament, which, showing some disposition to- 
2165wards independence in the exercise of its pow- 
2166
2167
2168
2169THE ENGLISH PARLIAMENT. 69 
2170
2171ers, was dissolved, and the protectorate pro- 
2172claimed. The government was now little other 
2173than a military despotism. The real power all 
2174centered in the protector, Oliver Cromwell. He 
2175well knew the necessity of governing by a par- 
2176liament, and endeavored to do so, but failed to 
2177get together one that would long satisfy his 
2178wishes. He had recourse, for this purpose, to 
2179all the various parties. He tried the religious 
2180enthusiasts, the republican, the presbyterians, 
2181and the officers of the army. He got together 
2182and dissolved four parliaments, each one having 
2183endeavored to wrest from him the authority 
2184which he exercised, and to rule in its turn. 
2185
2186He finally reigned alone, the government he 
2187inaugurated being little other than a military 
2188despotism. But every measure of his was con- 
2189ceived in wisdom, prosecuted with energy, and 
2190crowned with success. His rule, although des- 
2191potic, was one of the most important in the En- 
2192glish annals. 
2193
2194On the death of Cromwell, his colossal pow- 
2195er, the exercise of which had depended upon his 
2196own personal energy, disappeared at once, and 
2197thereupon, in 1660, the nation welcomed back 
2198
2199
2200
22017" THE BRITISH CONSTITUTION. 
2202
2203the house of Stuart, in the person of Charles II, 
2204the brother of Charles I. The revolution had 
2205taught at least three truths : 
2206
2207a. That the king could never again separate 
2208himself from the parliament. That the two 
2209must reign together, neither one being com- 
2210petent to reign alone. 
2211
2212b. That the house of commons was the 
2213stronger branch of the parliament. 
2214
2215c. That Protestantism had achieved a com- 
2216plete and definite ascendancy in England. 
2217
2218Some important acts date their origin from 
2219the reign of Charles II. Two of these are 
2220worthy of note. The first was to prevent the 
2221legislature being overawed, and their votes 
2222coerced by riotous and seditious mobs, under 
2223the guise of petitioners. 
2224
2225The second was the celebrated habeas corpus 
2226act, which prescribed a remedy, prompt and 
2227efficacious, in all cases of arbitrary imprison- 
2228ment, without process of law. It brought im- 
2229mediately before the judge, the prisoner, with 
2230the cause, if any. of his detention, and in case 
2231the imprisonment was illegal, discharged him. 
2232
2233But the reign of Charles presents a great 
2234
2235
2236
2237THE ENGLISH PARLIAMENT. 71 
2238
2239contrast with that of Cromwell. He began with 
2240Lord Clarendon as prime minister, who repre- 
2241sented the pure monarchy party. Next we have 
2242what was termed the cabal ministry, formed of 
2243profligates and libertines,* whose government, 
2244although evincing practical skill in its manage- 
2245ment, and considerable intelligence and liberal- 
2246ity, was, nevertheless, profoundly selfish and 
2247immoral. The nation rebelled against this gov- 
2248ernment of profligates. 
2249
2250A new ministry was formed, a national one ; 
2251but that, with a corrupt king and court, could 
2252not gain possession of the moral force of the 
2253country. Charles, now having tired all parties, 
2254commenced a career of absolute power. But in 
2255the midst of it he was called away, and the 
2256crown descended upon the third Stuart brother, 
2257James II. 
2258
2259James, witli his court-party, his power of 
2260patronage, his supple judges, and his subserv- 
2261ient crown lawyers, succeeded in tearing away 
2262many of the barriers of the constitution, and in 
2263so extending the prerogative, as to create an ab- 
2264solute monarchy. And yet, while seemingly 
2265
2266•Guizot. 316. ".IT. :iis. 
2267
2268
2269
227072 THE BRITISH CONSTITUTION. 
2271
2272having every political power at his disposal, the 
2273short period of a single week was sufficient to 
2274make him a throneless, crownless wanderer. 
2275This extraordinary result was, in great part, due 
2276to foreign politics. 
2277
2278The two great powers that were then divid- 
2279ing Europe between them in their conflicts were 
2280Louis XIV, and William, Prince of Orange. 
2281The former represented the Catholic and mo- 
2282narchical principles, the latter the Protestant and 
2283liberal. England, through her two kings, Charles 
2284II and James II, had been, for the most part, 
2285unknown to herself, subserving the interests of 
2286Louis XIV. William was the nephew, and had 
2287married Mary the daughter of James I. He 
2288was both a statesman and a soldier. The En- 
2289glish nation sympathized with him and his large, 
2290free, protectant principle-. The revolution of 
22911688, occurred, which, almost without blood- 
2292shed, placed William and Mary upon the En- 
2293glish throne. 
2294
2295A new parliament was assembled, which 
2296declared that King James had abdicated, and 
2297that the throne was vacant. Then followed the 
2298act of settlement by which, th^tlirone being 
2299
2300
2301
2302THE ENGLISH PAULIAMENT. 73 
2303
2304declared vacant, and James and his children Ik- 
2305in» set aside, the succession to the crown was 
2306settled: 1. Upon William and Man. 2. Upon 
2307their death without descendants upon Anne, also 
2308a daughter of James I, and by a subsequent act. 
23093. Upon her death without descendants, then it 
2310was limited to the descendants of James Fs 
2311daughter, Sophia, who had married the Elector 
2312Palatine of Hanover. 
2313
2314This was, in every aspect of the case, a revo- 
2315lution. It changed the entire order of succession. 
2316James had never abdicated. Expulsion is not 
2317abdication. Then his descendants were set aside. 
2318It presents a clear example of a whole people, 
2319the commons taking the lead, rising against the 
2320head of the government, or at least a co-ordinate 
2321branch of it, expelling that head or branch and 
2322changing the entire order of succession, and that 
2323order of succession has ever since been followed. 
2324William and Mary, and Anne, successively died 
2325without leaving any descendants. Then came 
2326in the house of Brunswick, in the person of 
2327George I, the grandson of James I, and son of 
2328the Elector Palatine. Ever since 1089 the king 
2329of England has only been such by virtue of this 
2330
23314 
2332
2333
2334
233574 THE BRITISH CONSTITUTION. 
2336
2337ad of settlement. However other kings may 
2338claim to reign by divine right, the king of En- 
2339gland clearly can not. He reigns by virtue of an 
2340act of parliament. It is important to notice that 
2341tin' power of the people is the real source from 
2342which England's king can claim the exercise of 
2343any authority. Any other conclusion would 
2344render the English government a government 
2345de facto, and not de jure, for the last one hun- 
2346dred and ninety years. 
2347
2348Along with the act of settlement, and consti- 
2349tuting a part of it, w r as also a bill of rights, 
2350which reasserted in clear, strong terms, all those 
2351great cardinal truths and principles in govern- 
2352ments which the commons and generally the 
2353peers also, had been contending for ever since 
2354the grant of the great charter. Among these 
2355were the declaration that there existed no power, 
2356Avithout consent of parliament, to suspend or 
2357dispense with laws or their execution ; or to levy 
2358money for or to the use of the crown by pre- 
2359tence and prerogative. That the right of peti- 
2360tion should be enjoyed unimpaired. That with- 
2361out consent of parliament, no standing army 
2362should be raised or kept in the kingdom in time 
2363
2364
2365
2366THE ENGLISH PARLIAMENT. 75 
2367
2368of peace. That Protestant subjects may have 
2369arms for their defense. That elections of mem- 
2370bers of parliament shall be free. That freedom 
2371of speech and debate shall not be impeached or 
2372questioned out of parliament. That excessive 
2373bail shall not be required, or excessive fines im- 
2374posed, or cruel or unusual punishment inflicted. 
2375That jurors may be duly impaneled and returned, 
2376and those passing upon high treason be free- 
2377holders, and that for redress of grievances, par- 
2378liaments be held frequently. 
2379
2380The provision in regard to a standing army 
2381has rendered it necessary to pass acts annually 
2382since that time, authorizing the keeping on foot 
2383a defined number of troops,* and giving the 
2384crown the power of exercising martial law over 
2385them. So, also, in regard to the revenue, since 
2386the reign of William and Mary, the practice of 
2387the commons has been, not to vote the crown 
2388certain large sums of revenue, to be subject to 
2389its application, but to appropriate specific parts 
2390of the revenue to specific purposes of govern- 
2391ment. 
2392
2393The revolution of 1688 closes the long line of 
2394
2395*Creasy. 298. 
2396
2397
2398
239976 THE BRITISH CONSTITUTION. 
2400
2401contests between king and parliament. For 
2402about seven hundred years those contests had 
2403been going on. As a general fact, both the com- 
2404mons and the nobility had been found fighting 
2405together the great battles of constitutional free- 
2406dom. As another general fact, although meet- 
2407ing with occasional reverses, they had always 
2408been ultimately successful. Always temperate 
2409in their claims, wise in their means, steady and 
2410energetic in their course of action, they had 
2411always proved faithful to the great trusts con- 
2412tided to them ; and as the last crowning evidence 
2413of their triumph, had bestowed the English 
2414crown upon two of their own selection, pre- 
2415scribed the direction it should take, and annexed 
2416the proper limitations to the exercise of its 
2417power. Since that period, the English constitu- 
2418tion has moved on uninterruptedly, its workings 
2419eliciting the admiration of all thinking men 
2420wherever they might be found. The reform bill 
2421of 1832 was called tor by the great changes 
2422which time had wrought in the borough sys- 
2423tem." By it, fifty-six boroughs were wholly dis- 
2424franchised, and thirty -one partially. Forty-three 
2425
24261 > I i-y. 312. 
2427
2428
2429
2430THE ENGLISH PARLIAMENT. < i 
2431
2432new ones were created, twenty-two of which 
2433return two members, and the remainder one 
2434member each. By these salutary changes, and 
2435others relating to property qualifications for 
2436voting, the power of the crown, and of the differ- 
2437ent members composing the aristocracy, has 
2438been very much diminished in procuring the 
2439election of members, while the middle classes 
2440have risen to greater importance, and become 
2441vested with a larger proportion of political 
2442power. Thus greater equality is given to the 
2443principle of representation, and its more perfect 
2444results produced. 
2445
2446
2447
2448THE mUTISIl CONSTITUTION. 
2449
2450
2451
2452CHAPTER IV. 
2453
2454
2455
2456ITS PRESENT WORKINGS- 
2457
2458
2459
2460Having traced the history of the British 
2461constitution : 1st. In its sources. 2d. In its char- 
2462ters. 3d. In the origin and growth of that great 
2463national council which ultimately became its 
2464parliament, we are now prepared to examine its 
2465present workings. 
2466
2467In speaking, however, of the British consti- 
2468tution we are not to understand that, as in the 
2469United States, and in the different States, there 
2470i» any written instrument which arranges and 
2471defines its different powers. England's constitu- 
2472tion, like her common law. is unwritten. It is the 
2473gradual growth of centuries. Both that and the 
2474common law have been so many developments of 
2475human reason in its most practical forms ; as the 
2476necessities of human progress, and the exigencies 
2477of advancing society have from time to time 
2478demanded. In America, the written constitu- 
2479tion is the fundamental law in subjection to 
2480
2481
2482
2483ITS PRESENT WORKINGS. 79 
2484
2485which all legislation takes place. In Great 
2486Britain the great charter, the petition of right, 
2487the declaration of rights, and certain great prin- 
2488ciples acknowledged as lying at the foundation 
2489of all governmental action, altogether constitute 
2490what may be termed the British constitution. 
2491Although, therefore, the king and parliament 
2492are omnipotent; and an act which receives the 
2493sanction of both lords and commons, and the 
2494assent of the king. Jbecomes in form a valid and 
2495binding statute ; yet. if it contravenes any of 
2496those great principles, and thus sins against the 
2497genius and spirit of the government, it is uncon- 
2498stitutional and void. 
2499
2500The following are the points to be kept in 
2501view in the working of the British constitution: 
2502
2503L. The distribution of political power in ref- 
2504erence to localization and centralization. 
2505
2506"2. The co-ordinate branches of which the 
2507central power is composed. 
2508
25093. The powers lodged in each. 
2510
25114. The checks which each one is capable of 
2512exercising against the others. 
2513
25141. The distribution of political power in ref- 
2515erence to localization and centralization. We 
2516
2517
2518
251980 THE BRITISH CONSTITUTION. 
2520
2521have noticed the contests between royalty and the 
2522commons as the feudal aristocracy declined, and 
2523in most governments the ultimate triumph of roy- 
2524alty attended by a more or less complete central- 
2525ization. The establishment and exercise of pure 
2526royalty is consistent onlv with a high degree of 
2527centralization. 
2528
2529J > \ this term is meant a government proceed- 
2530ing entirely from the central power. It i> not 
2531necessarily a despotism, or a monarchy. An 
2532aristocracy, or any other form of government, 
2533in which all political power centers in one com- 
2534mon head, whether in a cabinet or a general 
2535council, is a centralized government. Not only 
2536is the political power felt and exercised through 
2537the whole society, but all the officials, also, are 
2538appointed by, and derive all their power from, 
2539the same source. The most intensely central- 
2540ized government is the severest despotism. In 
2541such, no local power exists to counteract the 
2542exercise of the central power. 
2543
2544On the other hand, the exercise of well de- 
2545fined local powers is an important, perhaps 
2546an essential, element in the composition of a free 
2547government. They operate as a most salutary 
2548
2549
2550
2551ITS PRESENT WORKINGS. 81 
2552
2553check upon the unrestrained oppressive action ot 
2554the central power. They essentially modify it 
2555in its exercise, and within constitutional and 
2556well defined limits, are in the highest degree 
2557beneficial. In this country the political power 
2558exercised in the school districts, the towns, vil- 
2559lages, cities, and counties, affords a salutary 
2560modification to that exercised by the State ; and, 
2561higher still, that possessed by the State, to that 
2562exercised by the United States. 
2563
2564In England local power was early in asserting 
2565its claims. It was bequeathed to western Eu- 
2566rope by the German races. Among the Saxons 
2567each local district had, in local matters, the gov- 
2568ernment of itself. The county court, so early 
2569established in England, so purely local in its offi- 
2570cers and jurisdiction, so independent in its sphere 
2571of action, has contributed largely to restrain the 
2572action of the central power. 
2573
2574The object, however, is not alone to restrain, 
2575or even to modify. It is to devolve upon local 
2576authorities the exercise of those powers that are 
2577purely of a local character, and affecting local 
2578objects. The relief of the poor, the repair of 
2579roads and bridges, the preservation of the peace, 
2580
2581
2582
258382 THE I'.KITISII CONSTITUTION. 
2584
2585the administration of justice, and a multitude of 
2586other local acts are effected through these mean-. 
2587Ajmong these are also included the judicial and 
2588administrative powers confided to justices of the 
2589peace, and the executive power exercised by the 
2590sheriff. The county courts, with a few excep- 
2591tions, must try all causes not exceeding £20. 
2592
2593" There are almost innumerable other 
2594spheres of political action, each comparatively 
2595humble and limited in itself, but collectively, of 
2596infinite importance, on account of the universal- 
2597ity of their operation." and the daily and hourly 
2598duties and interests of every man's life which 
2599they affect. Every parish has its vestry : that is 
2600to say, an assembly, where the inhabitants of 
2601a parish meet together for the dispatch of the 
2602affairs and business of the parish. Every borough 
2603has its town council, every poor law union has its 
2604board of guardians. Each of these is a deliber- 
2605ative, a legislative, and a taxing body. In each 
2606of these, the elections of various functionaries 
2607are conducted ; and many of them are them- 
2608selves representative bodies, varied and renewed 
2609by general annual elections." 
2610
2611
2612
2613ITS PRESENT WORKINGS. S3 
2614
2615In the election and service of these local offi- 
2616cials, generally two tacts strike ns : 
2617
26181. The electors of all such arc required to 
2619have some property qualification.* 
2620
26212. With few exceptions, the local authorities, 
2622both in town and county, receive no salary. It 
2623is understood to be every man's duty to aid in 
2624the maintaining of good order, and in sustaining 
2625the social economy of the district in which he 
2626resides. 
2627
2628Several results flow from these local organi- 
2629zations : 
2630
26311. It is a government within a government, 
2632both in its administrative and judicial functions. 
2633
26342. It affords opportunities to ambitious as- 
2635pirants, to expend, on a small scale, those 
2636energies which would otherwise be unemployed, 
2637or exert a hurtful influence. 
2638
26393. It gives opportunities to boisterous spirits, 
2640to expend themselves without harm, and thus 
2641operates as a safety valve to conduct away 
2642innocently, what might otherwise produce ex- 
2643plosion and destruction. 
2644
26454. It serves as a school in which are con- 
2646
2647♦Creasy, 339 
2648
2649
2650
2651S4 THE BRITISH CONSTITUTION. 
2652
2653stantly kept in training, those who may ulti- 
2654mately be transferred to higher spheres of use- 
2655fulness, and display themselves on the nation's 
2656theatre. 
2657
2658.">. It keeps alive and nourishes in the homes 
2659of the English people that knowledge of* politi- 
2660cal transactions, and those feelings of freedom 
2661and independence that impart such strength and 
2662power to the English character. 
2663
26646. It affords ready facilities to organization, 
2665and aggressive resistance to all tyrannical ex- 
2666ercise of power. 
2667
26687. It constitutes so many independent cen- 
2669tres in which are discussed the proceedings of 
2670the central power, and so many distinct trib- 
2671unals sitting in judgment upon such proceed- 
2672ings. 
2673
26748. It is. therefore, the one principal source 
2675of that public opinion, which in England is so 
2676omnipotent on all political questions. 
2677
2678!». It is a development of that self-governing 
2679spirii of the English people which enables them 
2680to administer correctives to misgovernment. and 
2681even to continue on their accustomed course, 
2682when by the resignation of the ministry, the 
2683
2684
2685
2686ITS PRESENT WORKINGS. 85 
2687
2688machinery of the central government stands 
2689still. 
2690
2691These several local administrations are di- 
2692rectly connected with the general government 
2693by their representation in the house of com- 
2694mons. This leads to the consideration of the 
2695elections to that house. 
2696
2697The reform bill of 1832, as we have already 
2698seen, corrected many of the evils growing out 
2699of the old rotten borough system. There is 
2700still, however, by no means an equality of rep- 
2701resentation of the commons in parliament. But 
2702the approach towards it is so considerable, the 
2703rotten boroughs so many of them disfranchised, 
2704and the base of representation so widened, 
2705that the power of the crown in procuring the 
2706election of members, and thus controlling the 
2707action of parliament, is very much diminished. 
2708
2709Another fact we have also to notice, and 
2710that is, the property qualification necessary to 
2711constitute an elector. The right of voting for 
2712borough representation is limited to the house- 
2713holder who takes and resides in a ten pound 
2714house, while that of voting for a county repre- 
2715sentative requires only a forty shilling freehold. 
2716
2717
2718
271986 THE BRITISH CONSTITUTION. 
2720
2721The practical resull of this has been thai in the 
2722general flection of L852, it is estimated that 
2723something more than one man in every five in 
2724England and Wales exercised the elective fran- 
2725chise.* The number elected and composing 
2726the house of commons amounts to the large 
2727number of. 658; Hut of this number there are 
2728seldom over five-sixths who attend. f 
2729
2730The central power in Great Britain, in its ex- 
2731ecutive, legislative, administrative, and ultimate 
2732judicial functions, is exercised through the king, 
2733lords and commons. These are the great co-or- 
2734dinate branches of the government. It is in 
2735the powers lodged in each of these respectively, 
2736and the checks which each is capable of exer- 
2737cising against the others, that we are to find the 
2738solution of the problem so long sought for, and 
2739here for the first time found, how it is possible 
2740to confer powers and energies of unlimited ex- 
2741tent, and yet throw around them such safe- 
2742guards as entirely to protect human freedom 
2743from the severity of their exercise. 
2744
2745Of these co-ordinate branches, the crown may 
2746well claim the first place. The crown is su- 
2747
2748♦Creasy, 81? tBrougham. 11'. 317 
2749
2750
2751
2752ITS PRESENT WORKINGS. 87 
2753
2754preme. Its wearer and owner is an essential 
2755part of the sovereign legislative power. It is 
2756the king who issues his writs to the sheriffs of 
2757the different counties, commanding them to 
2758cause a return of members to parliament. . Thai 
2759body convenes in obedience to his call. He is 
2760the nation's chief magistrate and all other mag- 
2761istrates act by his commission. 
2762
2763With the king is lodged the executive 
2764power. As executive he has the appointing 
2765power. In each county he appoints : 
2766
27671. The lord-lieutenant, who represents the 
2768sovereign in his rights and powers as chief of 
2769the old common law military force of each 
2770county.* 
2771
27722. The sheriff, who is the civil executive offi- 
2773cer of the county. 
2774
27753. The justices of the peace, who are 
2776charged with the performance of both judicial 
2777and administrative duties. All these we have 
2778just mentioned act without pay.f 
2779
2780He also appoints to all offices in the army 
2781and navy. He has the entire disposition, as 
2782commander in chief, of all those forces. 
2783
2784♦Creasy, 328. Udem, :;::•.'. 
2785
2786
2787
2788^ THE BRITISH CONSTITUTION. 
2789
2790He i> also externally, in dealings with other 
2791states, the visible representative of the majesty 
2792of the state. He exercises the sole prerogative 
2793of making war or peace. He enters into, and 
2794carries on, all negotiations, and forms all alli- 
2795ances. In judicial matters he has ever been 
2796regarded as the fountain of justice. He superin- 
2797tends the administration of the civil and criminal 
2798law. and confirms, or remits all sentences. 
2799
2800His first business, upon receiving the crown, 
2801is to surround himself by constitutional and re- 
2802sponsible advisers. These carry on the entire 
2803administration in the name of the sovereign. 
2804They are about fifteen in number, and are call- 
2805ed ministers of state. They are privy council- 
2806lors, and together form the cabinet." The chief 
2807is the first lord of the treasury, called by way 
2808of distinction the premier, or prime minister. 
2809
2810Another important cabinet officer is the 
2811chancellor of the exchequer, who is charged 
2812with the finances of the empire. There are also 
2813four secretaries of state, the home, foreign, 
2814colonial, and war. 
2815
2816Another member of the cabinet is the lord 
2817
2818I reasy, 327. 
2819
2820
2821
2822ITS PRESENT WORKINGS. 89 
2823
2824chancellor, who is intrusted with the great seal, 
2825and is the keeper of the king's conscience. 
2826
2827Theoretically all the members of the cabinet 
2828may be selected by the king from among any 
2829of his subjects. 
2830
2831But practically his choice is quite limited. 
2832His ministers can only conduct the government 
2833and rule through majorities in parliament. 
2834They must, therefore, belong to the party 
2835which is dominant in parliament. They must 
2836be, at least several of them, members of parlia- 
2837ment, and gifted with powers adequate to se- 
2838curing majorities there. The moment the min- 
2839istry are outvoted in parliament, they have no 
2840other alternative than to resign. Another cabi- 
2841net must be formed, composed the more gen- 
2842erally by those of the opposite party, who in 
2843their turn, must keep with them the parlia- 
2844mentary majority. 
2845
2846The parliament, exclusive of the crown, con- 
2847sists of two houses, the lords and commons. 
2848The latter is elective, and its power reposes on 
2849the representative system. When a new par- 
2850liament is to be summoned, a writ, under the 
2851great seal, is issued to the sheriff of each 
28524* 
2853
2854
2855
2856'.'<! THE BRITISH CONSTITUTION. 
2857
2858county,* requiring him to cause the election of 
2859the county representatives, and also of those of 
2860each city and borough within his shire that re- 
2861turns members. The sheriff then issues his pre- 
2862cepts to the head of each of those municipal 
2863constituencies, who return the same to him 
2864with the names of* the persons elected, of all 
2865which a general return is made to the lord chan- 
2866cellor. 
2867
2868The lords, composing the upper house, con- 
2869stitute a permanent branch of the legislature, 
2870subject to little fluctuations or changes. They 
2871sit in their own right, f but may be considered 
2872as representing their powerful families and im- 
2873mediate connections, as also all the great land 
2874owners in the country. The house of lords con- 
2875sists of peers, both spiritual and temporal. The 
2876prelates, equally with the barons, are entitled to 
2877.sit in the house, the former by virtue of the 
2878sees which they respectively hold. 
2879
2880The crown possesses a prerogative, in refer- 
2881ence to the house of lords, which may be some- 
2882what dangerous in its exercise. This relates to 
2883the power of creating peers to an unlimited ex- 
2884
2885*Creasy, 380. t Brougham. Ill, 804. 
2886
2887
2888
2889ITS PRESENT WORKINGS. 91 
2890
2891tent. This may, mid indeed on several occa- 
2892sions has been exercised to influence the proceed- 
2893ings in parliament.'"' The sudden creation of 
2894twelve peers in the reign of queen Anne carried 
2895a question of importance in the house of lords. 
2896So it would be possible to carry any question 
2897through that house, by the creation of a neces- 
2898sary number of new peers. That necessity. 
2899however, could only arise where the king - and 
2900commons were on one side and the upper house 
2901on the other. The passage of the reform bill of 
29021S32 came very near requiring the exercise of 
2903this extraordinary prerogative. It has. how 
2904ever, never been exercised to the injury of the 
2905country. 
2906
2907The commons alone possess, or rather exer- 
2908cise, the right of originating supply bills, or 
2909any involving the necessity of taxation. The 
2910upper house has never abandoned its claim to 
2911originate and alter money bills, as well as the 
2912lower; but in practice the right has never been 
2913there asserted, the commons alone having origi- 
2914nated every measure of supply. As the lords 
2915originate no money bills, so they exercise no 
2916
2917♦Brougham, III. 307. 
2918
2919
2920
2921'■•2 THE BRITISH CONSTITUTION. 
2922
2923(lower to alter or amend those sent up from 
2924the commons,* but cither wholly accept or re- 
2925ject them. This all important instrument of 
2926power and remedial agent, the commons keep 
2927exclusively to themselves. 
2928
2929There is also another point on which the 
2930commons claim the exclusive right of originating 
2931measures, + and that relates to the election of its 
2932own members. They assert this as an inherent 
2933right, and also as inalienable, maintaining that 
2934the house cannot convey it to any other body. 
2935
2936The laws are administered by the different 
2937courts, and with the exception of the judges in 
2938the ecclesiastical courts, and some other trifling 
2939exceptions.^; the crown has the exclusive power 
2940of appointing all the judges. Their tenure is 
2941for life or during good behavior. They are ir- 
2942removable except by a joint address of the two 
2943houses of parliament, and as this requires, in 
2944addition, the assent of the crown. i.t is practical- 
2945ly a statute, having the concurrence of the 
2946whole three branches of the legislature. Thus 
2947the common law judges, although named by the 
2948
2949•Brougham. III. 305. tldem. 30fi. {Idem, 310. 
2950
2951
2952
2953ITS PRESENT WORKINGS. 93 
2954
2955crown, are, nevertheless, independent in the 
2956tenure of their office. 
2957
2958The lord chancellor, who has only civil juris- 
2959diction, and who as, keeper of the great seal, 
2960and the king's conscience, forms a member of 
2961the cabinet,* holds his place only during plea- 
2962sure, but the other equity judges, the master of 
2963the rolls, the vice chancellors, and the masters 
2964in chancery, all hold their offices during life or 
2965good behavior. 
2966
2967To guard still further the purity of the 
2968bench, the judges are disabled from sitting in 
2969the house of commons. 
2970
2971•"Thus" says Lord Brougham, "'the judicial 
2972power, pure and unsullied, calmly exereised 
2973amidst the uproar of contending parties by men 
2974removed above all contamination of faction, 
2975all participation in either its fury or its delu- 
2976sions, held alike independent of the crown, the 
2977parliament and the multitude, and only to be 
2978shaken by the misconduct of those who wield it, 
2979forms a mighty zone which girds our social 
2980pyramid round about, connecting the loftier 
2981
2982♦Brougham, III, 371. 
2983
2984
2985
298694 THE BRITISH CONSTITUTION. 
2987
2988and narrower, with the humbler and broader 
2989regions of the structure, binding the whole 
2990together, and repressing alike the encroach- 
2991ments and the petulance of any of its parts.' 1 
2992
2993With the commons alone lies the power of 
2994impeachment, but that body has no power to 
2995try it. Its trial is before the house of lords, 
2996and its ultimate decision rests with that body. 
2997And so other judicial powers rest with the 
2998house of lords. It is the court of last resort, of 
2999ultimate appellate jurisdiction in all cases of law 
3000and equity from the whole united kingdom. 
3001This house always contains peers who till, or 
3002have tilled, the highest stations in both courts of 
3003law and equity. These are commonly called 
3004the law lords, and practically it is those who 
3005have the entire decision of the ease- brought 
3006before the house. 
3007
3008Thus of the three estates of British realm 
3009we have : 
3010
30111. The crown, which, whatever may in for- 
3012mer times have Ween claimed of its existing by 
3013divine right, by the grace of God, can certainly. 
3014since the act of settlement in 1689. lay claim to 
3015no higher warrant than the .joint will of the 
3016
3017
3018
3019ITS PRESENT WORKINGS. t>5 
3020
3021aristocracy and people of England. In this we 
3022have centered the executive power a large pro- 
3023portion of the administrative, which is exercised 
3024through the ministry composing the cabinet. 
3025
3026The crown is also a neeessary clement in thq 
3027composition of the legislative power. Xo act of 
3028parliament can claim the force of a law be tore 
3029it receives the sanction of the crown. It has 
3030thus a veto upon all the legislation of the lords 
3031and commons. 
3032
3033The king's person is inviolable. Xo legal 
3034proceeding can be instituted against him. The 
3035received maxim is, that the il king can do no 
3036wrong." But the king only acts through his 
3037constitutional advisers, his ministers. And al- 
3038though he is not responsible yet they are ; and 
3039through them his administration is made ac- 
3040countable. 
3041
3042•2. The house of commons, a representative 
3043body, standing in the place, and wielding the 
3044political powers of the people of Great Britain. 
3045Their function is chiefly legislative. They may 
3046originate every legislative measure. They 
3047must originate all supply bills, requiring the 
3048necessity of taxation. They have also the 
3049
3050
3051
305296 THE BRITISH CONSTITUTION 
3053
3054power of impeachment. They are the changing 
3055element 
3056
3057:!. The house of lords, the permanent ele- 
3058nii'iit in British legislation. Its habits, interests, 
3059prejudices, .-ill tend to render it a conservative 
3060body. It stands between the crown and the 
3061people, ready to throw its weight into either 
3062scale that may be required to adjust aright the 
3063balance. 
3064
3065In the individuals composing this body, is to 
3066be found the highest style of culture ; the most 
3067illustrious rank united with vast possessions, 
3068and when to these are added great capacity, en- 
3069larged statesmanlike views. ;i power of origin- 
3070ating all legislative measures except money 
3071bill-, and the highest judicial power in the na- 
3072tion, we must recognize in it an estate in the 
3073highest degree important in the British constitu- 
3074tion. These three together compose the parlia- 
3075ment, "that parliament of Great Britain, 
3076which." says Edmund Burke, "sits at the head 
3077of her extensive empire in two capacities, one. 
3078as the local legislation of this island, providing 
3079for all things at home, immediately, and by no 
3080other instrument than the executive power. The 
3081
3082
3083
3084ITS PRESENT WORKINGS. 9? 
3085
3086other, and, I think, her nobler capacity, is what 
3087I call her imperial character, in which, as from 
3088the throne of heaven, she superintends all the 
3089seVeral inferior legislatures, and guides and 
3090controls them without annihilating any." 
3091
3092The judicial exists independent of the legis- 
3093lative and executive, charged with functions, of 
3094all others perhaps the most necessary for the 
3095preservation of the state, the administration of 
3096the law ; and looked to in times of storm and 
3097peril as the ultimate conservative power in the 
3098state. 
3099
3100A brief allusion to the evils to be guarded 
3101against, and the checks which the constitution 
3102provides as the safeguards against their occur- 
3103rence, is all that now remains for our considera- 
3104tion. 
3105
3106These evils are threefold: 
3107
31081. The subversion of the upper and lower 
3109houses resulting in the supremacy of the king, 
3110the establishment of a despotism. 
3111
31122. The subversion of the crown and the com- 
3113mons, and the supremacy of the lords ; the es- 
3114tablishment of an aristocracy. 
3115
31163. The subversion of the crown and the 
3117
3118G 5 
3119
3120
3121
312298 the British constitution. 
3123
3124lords, and the supremacy of the commons ; the 
3125establishment of a democracy. 
3126
3127To comprehend fully the force of the checks 
3128by which each and all these evils may be con- 
3129stitutionally averted, we must understand that 
3130acts of parliament constitute the fundamental 
3131law of the British empire. That they are om- 
3132nipotent, and are to Great Britain what both 
3133constitutional and legislative provisions are to 
3134us. We must also understand further that no 
3135act of parliament can be deemed complete, and 
3136have conceded to it the force of law unless it 
3137has received the assents of the three estates, the 
3138king, lords, and commons. Now let us proceed 
3139to inquire what checks each one of these three 
3140co-ordinate branches has upon the others ; what 
3141means of defence the constitution has placed in 
3142the power of each,' so that that integrity of each 
3143can be fully preserved. 
3144
3145The crown is amply provided: 
3146
31471. By its large executive and administrative 
3148powers ; its power of appointments, its com- 
3149mand of all armies and navies. 
3150
31512. By its power of increasing the house of 
3152lords by the creation of new peers, thus, if 
3153
3154
3155
3156ITS PRESENT WORKINGS. 99 
3157
3158necessary, giving the upper house a preponder- 
3159ance over the lower. 
3160
31613. By its veto, thus arresting and destroying 
3162in its progress towards maturity every act 
3163which it deems essentially prejudicial to itself, 
3164or to the country, although it may have passed. 
3165and received the sanction of both houses. 
3166
31674. By its power of proroguing or dissolving 
3168parliament at any moment when it deems that 
3169the public exigencies so require. 
3170
3171The house of lords is sufficiently protected: 
3172
31731. By the immense personal influence of its 
3174members, arising from their great wealth, com- 
3175manding talents, and powerful connections. 
3176
31772. By its constituting the high court of im- 
3178peachments, and the highest appellate court in 
3179the realm. 
3180
31813. By its constitutional negative, or veto, 
3182which it may interpose upon any and all acts 
3183which come up before it from the house of com- 
3184mons. 
3185
3186It must be admitted, however, that the house 
3187of lords has a less amount of constitutional 
3188power, can put into operation less effective 
3189
3190
3191
3192100 rHE BRITISH CONSTITUTION. 
3193
3194checks that are purely constitutional, than 
3195either one or the other co-ordinate branches. 
3196The commons are amply protected: 
3197
31981. By their power of impeaching every mem- 
3199ber of the king's cabinet. 
3200
32012. By the negative, or veto power, which 
3202they can put upon every act which comes up 
3203before them. This is now considered only in 
3204reference to their own protection. 
3205
32063. By their power of changing the entire 
3207policy of the crown, and compelling it to adopt 
3208a different policy, or to resort to the hazardous 
3209measure of dissolving the parliament, by voting 
3210down any government measure, thus leaving 
3211the ministers in the minority, and compelling a 
3212change in the cabinet, or stopping the wheels of 
3213government until such change shall be made. 
3214
32154. By refusing all supplies to carry on the 
3216government until all the grievances the}* com- 
3217plain of shall be redressed. 
3218
3219In full view of the gradual growth of the 
3220British constitution : of its localizing and cen- 
3221tralizing forces: of the arrangement of its co-or- 
3222dinate branches; of the powers assigned to each 
3223branch ; and of the strong checks possessed by 
3224
3225
3226
3227ITS PRESENT WORKINGS. 101 
3228
3229each as against the others; it may be .safely pro- 
3230nounced that of all efforts hitherto made by the 
3231race in so creating and arranging the political 
3232forces that enter into the governmental element 
3233as to secure their greatest harmony of action, 
3234no other ever devised has evinced such deep 
3235sagacity, such profound forecast, and such 
3236wealth of wisdom. To it must come the great 
3237statesmen of all countries, and of all times, to 
3238study the science of government. Under 
3239its strong guaranties repose in perfect safety 
3240those indomitable forces that in all quarters of 
3241the world are swaying the sceptre of universal 
3242empire ; that colossal power whose morning 
3243drum-beat, following the course of the sun, and 
3244keeping company with the hours, encircles the 
3245globe daily with the martial airs of England. 
3246
3247
3248
3249INDEX. 
3250
3251
3252
3253Anglo Saxon, burghs, 10; church establishment, 13; classes 
3254of people, 8; government, 11, 12; institutions, 7; polit- 
3255ical (ii visions, 9; revenue, 13; townships, 9 
3256
3257Assemblies, Norman, 41. 
3258
3259Barebones Parliament, 68. 
3260
3261Barons, Council of, anions the Normans, 41. 
3262
3263Pull of Rights, 74. 
3264
3265British Constitution, checks to evils, 98; evils of, 97 ; mag- 
3266na charta, 26-32; new charter by Henry III., 32: 
3267points in its workings, 79 ; steps in its growth, 24; un- 
3268written, 78. 
3269
3270British guarantees wrested from the king, 24. 
3271
3272Brunswick, house of 73. 
3273
3274Cabal, ministry, 71. 
3275
3276Cabinet, the, 88. 
3277
3278Central power, how exercised, 86. 
3279
3280Ceorls, or freemen 8. 
3281
3282( hancellor, vice, tenure of office, 93. 
3283
3284Charles I., 66, 67. 
3285
3286Charles II., 70. 
3287
3288Charters, by Henry I., 26; by Henry II., 26 ; by Henry 
3289III, 32; by Stephen. 26; by William, 25; confirmed 
3290by Edward, 35; established, 37. 
3291
3292Civil War, 32. 
3293
3294Clarendon. Lord, prime minister, 71. 
3295
3296Clement V., 36. 
3297
3298Commons, consulted in national affairs, 52; elections to, 85; 
3299first rise into importance, 42 ; functions of, 95 ; how 
3300protected, 100; no equality of representation in, 85; 
3301powers of, 50, 57, 91, 92, 94. 
3302(102) 
3303
3304
3305
3306INDEX. 103 
3307
3308Crown, the, amply protected, 98, 99; cabinet of, 88; its 
3309powers, 87; prerogative of, 90. 
3310
3311Deputies, county and borough, 42 
3312
3313Edward I., 154-36. 
3314
3315Edward III., 54, 55. 
3316
3317Electors in counties and boroughs, 48. 
3318
3319England, common law in, 20 ; condition in twelfth century, 
332022 
3321
3322Feudal Aristocracy, 61. 
3323
3324Feudalism, its results, 19. 
3325
3326Free Government, nature of, 39. 
3327
3328Free. Institutions, under the Tudors, 65. 
3329
3330Government administrated by, 94, 95; centralized, 80; 
3331charters, 26-28 ; checks to the evils of, 98 ; executive, 
333239; free local powers essential to, 81; growth of, 25; in 
3333the twelfth century, 12; judicial, 39; legislative, 39; 
3334of the Anglo Saxons, 11, 12; powers of, 40. 
3335
3336Habeas Corpus Act, 70. 
3337
3338Henry VIII., absolute, 61. 
3339
3340Industry, influence of, 63. 
3341
3342James I., 66. 
3343
3344James II., 71. 
3345
3346John I., 32, 33. 
3347
3348Judges, how appointed, 92. 
3349
3350Judicial functions. 97. 
3351
3352King, among Anglo Saxons, 11; reigns by act of Parlia- 
3353ment, 74. 
3354
3355Langton, Archbishop, 32. 
3356
3357Local Powers, connected with general government, 81-85; 
3358election and service of officials, 82. 
3359
3360Long Parliament, acts of, 68. 
3361
3362Lord Chancellor, 89-93. 
3363
3364Lords, House of, consists of, 90; court of last resort, 94; 
3365how protected, 98, 99; position, 95. 
3366
3367Magna Charta. 25-28; defect of, 32; provisions of, 26, 27. 
3368
3369Master of the Rolls, 93. 
3370
3371
3372
33731<>4 INDKX. 
3374
3375Normandy, feudalism in. 1? ; situation of, 14. 
3376
3377Normans, introduce feudalism, 18; then' character, 14. 
3378
3379< â–ºxford, assembly at, 42. 
3380
3381Parliament, acquires much of its presenl constitution, 54; 
3382assumption of, 38; barebones, 68; called by Edward 
3383I., 44; composition of, 45. 46, 89; convoked by Henry 
3384III., 43; contests with the king closed. 76; legislative 
3385rights of, 52, 55, 56; long, acts of, 68 ; of 1295, 45; of 
33861688, 72; origin of, 44; revolutionary, 73; union of 
3387town and county representatives, 49. 
3388
3389Parties, under Charles 1, 66; 
3390
3391Petition, importance of, 54; right of, 53. 
3392
3393Property, qualifications, 85. 
3394
3395Hot ten borough system origin, 44. 
3396
3397Royalty, in the ascendant, 61. 
3398
3399Runnymede, assembly at. 28. 
3400
3401Saxon, hundred, 9. 
3402
3403Slaves, 8. 
3404
3405Speaker of the House of Commons, 55. 
3406
3407Thanes, 8 
3408
3409Township, as a political division. 9. 
3410
3411Trial, by jury, 11. 
3412
3413Tudors, their reign, 61-63. 
3414
3415Vassals, 22. 
3416
3417Villeinage, 19. 
3418
3419William III. of Orange. 72. 
3420
3421William Rufus, 14, 22, 25. 
3422
3423Witenagemote, of the Ancrlo Saxons, 11, 12, 41.