THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW GIFT OF Col. Schuyler J2.-3 fa ** - . : CUJr A" 1 ^ ,72: M ^ t^^~ fcTj*. -*> f {f^^"(L^r ^^.v^> Vu. ^f.<^ /Vff ..^' 'U^^., kt*&y^. A ^L *wU>i~. w ^J-i-j. WAJ r TV. \v- /- -> / / he could not bring himself to act and instead accepted the resignation of the cabinet. 178 OUTLINE SKETCH OF ENGLISH It then became the practical question whether the Tory party in support of the action of the king could form a cabinet which would be able to carry on the business of the country, including some measure of electoral reform which it was now clear to everybody must be adopted. The duke of Wellington made the attempt to construct the ministry, but Sir Robert Peel, who was indispensable, and others refused to serve; the House of Commons passed a vote of confidence in Lord Grey's cabinet by a large majority; and renewed public excitement gave warning of trouble. After a few days of hard effort, Wellington was obliged to inform the king that he could do nothing and advised him to recall Earl Grey. William was forced to yield, though yield- ing meant agreeing to the cabinet's demands. He attempted in vain to persuade them to consent to im- portant modifications of the bill, but he gave them his promise in writing to create as many peers as might be necessary. Then of his own motion he took a further step of more doubtful propriety constitutionally which, though not objected to at that time, certainly would be today, by directing his private secretary to suggest to Wellington and certain others that all difficulties would be removed by their absenting themselves from the House when the vote took place. This course had been already resolved upon by many and the bill was finally allowed to pass by a large majority. CONSTITUTIONAL HISTORY 179 It has seemed worth while to relate the history of this episode in such fulness because there is no case in which are illustrated in so many points of detail the practical workings of the cabinet system of government by a responsible ministry, which is the especially charac- teristic result in the constitution whose historical devel- opment we have been following. From 1832 to the present time the operation of this system has remained the same with only slight modifications, which will be noticed later. The relation to one another of three of the great factors in the government is clearly brought out in the history of the passage of the Reform Bill and that of the fourth is implied. The king, the lords, and the cabinet are shown as they operate together, not of course in the business details of administration, but in the higher determination of government policy and the foundation of all in the House of Commons is indicated. The king has ceremonial and social functions to perform which are of great importance in an old society which, however democratic politically, is still aristo- cratic in social spirit, but in the determination of government policy upon any measure his position is fairly shown in the relation of William IV to the pas- sage of the Reform Bill. He cannot insist that the ministry change the details of a measure to make it accord more nearly with his own views. He may present his views to the cabinet, either orally through 180 OUTLINE SKETCH OF ENGLISH some member or in writing, and urge their acceptance, and they will always be considered respectfully and fully. In matters of form, as in the famous case of the note of Lord Palmerston's government to Washington on the Trent affair in our Civil War, which was modified at the suggestion of Queen Victoria, or in unessential details, the advice of the sovereign may often be ac- cepted, but if the cabinet decides against his views he must yield. In William IV 's time when the ministry asked of the king an act to which he was strongly opposed, it was thought his right to accept their resignations and to try the experiment of forming a government which would not require such an act of him. But when the leaders of the king's way of thinking, from whom the new cabinet must be made, came to the conclusion that no government could be formed which could carry on the business of the country, then the king must abandon the attempt. It is hardly likely that any student of the British constitution would deny the king the same right at the present day, but the elimination of the king from the practical government of the country in thought and habit has gone so far since 1832, that it is exceedingly doubtful if any sovereign will ever try the experiment again. The attempt would be from the start so hopeless and public excitement so great, for it would only be made on a question of great importance, that the king CONSTITUTIONAL HISTORY 181 would probably always yield rather than take an appeal against the cabinet. It may be said without qualification that William's conduct in allowing his views about the Reform Bill to become known would be thought improper in a sovereign of today. Theoretically the king is supposed to have no political opinion but that of his ministers, and it would be a serious breach of etiquette for an English political speaker to quote the king in support of his argument. This principle is very correctly stated in a letter of Edward VII 's which has been published. When he was asked in writing as to the truth of a rumor that he was opposed to any change in the policy of free trade, he replied: "The king never expresses any opinion on political matters except on the advice of his respon- sible ministers, and therefore the statement must be inaccurate. ' ' The only political function which the king can per- form is to support his cabinet loyally and completely in such ways as are possible to him, which are not many. Much was said during the reign of Edward VII of the activity of the king in the field of foreign relations, and it is quite possible that he may often serve as a particu- larly useful ambassador because of the peculiar access he may have to the inner circles of government. As Mr. Gladstone has said: "personal and domestic relations with the ruling families abroad give openings, in 182 OUTLINE SKETCH OF ENGLISH delicate cases, for saying more, and saying it at once more gently and more efficaciously than could be ven- tured in the more formal correspondence and ruder contacts of governments." It is certain however that in such a mission the king could take no position which had not been previously agreed upon or which was not in harmony with the policy of his government. The last work which was necessary in bringing the nominal sovereign into so complete harmony with the real sovereign in the practical carrying on of govern- ment was done by Queen Victoria in the course of her long reign. Her letters, which have been published, reveal in how many ways and with what sympathetic understanding this work was carried on, and Queen Victoria's personal place in the future history of Eng- land may very likely be determined more by her assist- ance in this development than by anything else she did. So entirely is the British sovereign at present in harmony with the constitution that it is very possible that the question of the government's remaining in name a monarchy or being changed in form into a republic will be determined by other than political considerations. More decided and dramatic changes have taken place in the relation of the House of Lords to the other factors in government than in the case of the kingship, and yet all the changes which have occurred were virtually involved in the position of the House as it was revealed CONSTITUTIONAL HISTORY 188 in the struggle over the Reform Bill. That struggle clearly showed that the Lords might safely oppose the popular will, as expressed by the House of Commons, to a certain point but not beyond it. Their first rejec- tion of the Bill was clearly their constitutional right, an appeal to the people with the question : Is this your deliberate and mature desire? Their second rejection, after a general election upon the specific question had declared the popular will unmistakably, was of more doubtful propriety; and the third rejection after con- tinued evidence of a national determination certainly endangered their historical position. What followed, the determination to coerce the House by the creation of peers, the failure of the king's attempt to avoid the necessity, and the final acceptance of the bill as the only way of escape, revealed for the first time the fact that the .long progress towards the realization of the sover- eignty of the people in government had overcome the aristocracy as well as the king. A general understanding of this fact was however only slowly reached. A few years later, on the repeal of the corn laws, the protectionist legislation in the interest of the landlord class, the House of Lords was strongly tempted to resist the reform. Only the great influence of the duke of Wellington, who explained to the House clearly and for the first time the powerlessness to which it had been reduced in the consitution, pre- 184 OUTLINE SKETCH OF ENGLISH vented a repetition of the experiences of the Reform Bill. From that time on to near the end of the century, it was the custom to say that the House of Lords served the purpose of a brake on the wheel of too rapid ad- vance, served to make sure that a reform was really demanded by the mature judgment of the country. Before the close of Victoria's reign, however, the com- plaint became very frequent that the brake was applied only to the measures of a Liberal ministry, never to those sent up by a Conservative cabinet. Although the Liberals during these years had raised more men to the peerage than the Conservatives had done, it had yet been found exceedingly difficult to keep a family liberal in the atmosphere of the Lords. The Earl of Rosebery a few years ago declared in a speech that in his expe- rience as Liberal leader of the House he had never been able to count with certain confidence on more than thirty votes in a membership of over six hundred. It was a growing sense of the unfairness of this situation and of the danger of a permanent rejection of some important measure with its probable effects in public excitement, enforced and deepened by recent experiences in the adoption of tax reform measures, that led to the passage of the Parliament Bill of 1911. If we regard the English constitution with special refer- ence to the character of its long historical development, there is nothing revolutionary about this measure. It CONSTITUTIONAL HISTORY 185 takes away the power of the House of Lords to post- pone for more than two years the enactment of a bill passed by the House of Commons which it has been made clearly manifest during that time that the public opinion of the nation demands. This is doing no more than to describe in statute form, with the time of delay definitely measured out, the position which the passage of the Reform Bill of 1832 had shown was really that of the Lords in the constitution, and this position was clearly the logical result of the previous development. The power of the Lords was as much involved in the seventeenth-century struggle with Charles I and James II as was that of the king. The final triumph of the sovereignty of the people demanded as complete and cordial a recognition of the results from the House of Lords as from the crown. The position of the cabinet both in ordinary action and in times of crisis is illustrated with equal fulness in the passage of the Reform Bill. This date, 1832, is the earliest to which we can assign with certainty the completion of the cabinet system in all its working details, though it is very likely true that a somewhat earlier test, had it been applied, would have found its practical operation as fully understood. The Reform Bill was a government measure. That is, it was framed by the ministry, introduced by one of its members, and remained in his charge during its passage. If it should 186 OUTLINE SKETCH OF ENGLISH be defeated, or if an amendment upon a vital point should be carried against the ministry, then the cabinet must either resign or appeal to the country for its sup- port upon the issue by dissolving Parliament and bringing on a general election. A new election can be the cabinet's choice only under a heavy responsibility. An appeal to the country upon insufficient grounds, without some evidence of general support, or merely to save the ministry time, would be sure to be followed in the election by severe condemnation, but in this case the government had every reason to believe that the country was behind it, and the event proved the opinion correct. A greatly increased majority for the cabinet was re- turned by the electors, and the vote was considered a mandate from the country to go on with the measure. On the defeat of the second bill in the House of Lords, the case was different. An election had lately been held and the government had still a large majority in the Commons. An appeal to the country was unnecessary and would have been improper. Instead the cabinet prorogued Parliament to permit a reintroduction of the bill in a new session. When the government was again defeated on an amendment in the Lords, matters came to a crisis which illustrates the action of the cabinet at such a time. In asking the king to take a step, the creation of peers, which it was known that he was very reluctant to take, the prime minister offered him at the CONSTITUTIONAL HISTORY 187 same time the alternative of the cabinet's resignation. At that time, whatever might be done today, the king chose that alternative, but while the attempt to form a cabinet of the opposite party was made, the old cabinet remained in office and carried on the routine business of the government. When the king was obliged to admit that his attempt had failed, it resumed its position as cabinet with reference to Parliament, but now with the certainty that its advice would be accepted by the king. The crisis reveals also what it is in the British system which keeps a cabinet in power or turns it out of office. It is its ability or inability at any given time to determine and direct the policy of the government. If the House of Commons will do business with the cabinet, then it goes on; if the House of Commons will not do business with it, no other power can maintain it in office. If a ministry should attempt to retain power in the teeth of a hostile House of Commons, the business of government would shortly fall into chaos and the attempt would mean revolution. But with the House of Commons and the opinion of the nation against it, no ministry would ever make the experiment. This is the whole theory of government by a responsible ministry. The House of Commons reflects the opinion of the people in regard to the policy proposed by the government and its judgment, which is the judgment of the nation, is final in the question before it. 188 OUTLINE SKETCH OF ENGLISH The position of the House of Commons has been already clearly indicated. It supports the ministry so long as the policy of the ministry has the support of public opinion. In times of crisis it may hold up the hands of the cabinet by a direct vote of confidence, which is equivalent to a formal declaration to all oppo- nents that the country is behind the government 's policy. If public opinion turns against that policy, correspond- ing changes will take place in the House of Commons and then in a crisis conceivably the House may adopt a vote of want of confidence which is a formal declaration to the cabinet that it has lost the support of the nation and should resign. If the ministry should prove un- willing to resign, or an attempt be made to bring into office a ministry which does not have the sanction of the people, the House of Commons would refuse to allow any items of its policy to be enacted into law, and it would be unable to go on. It is also of course the busi- ness of the House of Commons to discuss the measures proposed by the government and to amend and improve them, but this is a duty which it still shares with the House of Lords. CHAPTER XI The results of the Reform Bill of 1832 disappointed both its friends and its opponents. It was not followed by the consequences which had been hoped or feared. Most pocket and rotten boroughs had been disenfran- chised and seats had been given new centers of popu- lation, and these were changes which had been desired. But though the number of voters had been largely increased, no important change was manifest in the character of the membership of the House of Commons, and no evident progress had been made towards democ- racy. Corrupt voting was not entirely extinguished, difficult formalities in the process of registration kept down the number of voters, and the natural local in- fluence of family and property combined with all the rest to reduce the significance of the reform. The radical supporters of the Bill had never been satisfied with the concessions which that measure secured and it was not long before agitation began for supplementary reforms. The agitators had much material to build with in the rather general discontent of the working class, 190 OUTLINE SKETCH OF ENGLISH discontent which was quite as much due to economic as to political conditions. The agitation, which reached its height in 1839, is known in history as the Chartist movement from the so-called People's Charter in which the radical demands were stated. These were six in number : universal man- hood suffrage; vote by ballot, to prevent intimidation; annually elected Parliaments, to maintain the respon- sibility of members; payment of members of the House of Commons, to make possible the election of poor men ; the abolition of the property qualification for member- ship in the House, for the same reason; and the formation of electoral districts of equal population. The movement was a failure. None of the demands set forth in the charter was granted by Parliament, but the agitation did not cease in other ways. The demo- cratic cause won gradually more and more support among the classes which controlled Parliament, and the programme of the People's Charter may be taken as an epitome of the progress since that day. Three of the demands, the second, fourth and fifth as given above, have been fully secured; the first also, with very slight exceptions which are now about to be swept away and the limitation implied in the word manhood dropped as well. The sixth has been fully obtained in principle and in practice as nearly as some peculiar difficulties of the situation allow. The second has not been secured CONSTITUTIONAL HISTORY 191 in form, but the possible life of a Parliament has been reduced to five years, and the responsibility of members to their constituents more indirectly but sufficiently secured. The leaders of the movement of 1839 would be astonished at the England of today, if they could return to it, and would be obliged to say that, according to the standards which they proclaimed, it is a democ- racy, and that in some things which they had at heart, the legal protection of the workingman for instance, progress has gone far beyond their wildest dreams. For many years after the passage of the Reform Bill of 1832, there was no serious movement towards a further lowering of the qualifications for suffrage. It was not until the time of Lord Palmerston's ministry during our Civil War that it became clear that further reforms must be made. The Liberal party of that day was so divided within its own ranks that it was not able to perfect and carry a measure on the subject, and the second reform bill was enacted in 1867 by the Con- servative ministry of Lord Derby under the leadership of Mr. Disraeli. It was a further advance along the line which had been opened up in 1832 but it was plainly a temporary measure only. It struck out no new principle and it stopped halfway along the road. In the boroughs, however, the suffrage was made almost democratic. It was made possible at least for anyone who would take the required trouble, except a very few, 192 OUTLINE SKETCH OF ENGLISH to obtain the right to vote. The number of voters was increased, but the same sort of tests, virtually property qualifications, were to be used as in 1832; and more boroughs were deprived of representation and new and increased representation given to others and to the counties. The interval between the second and third reform bills was shorter. Reform had lost its terrors during half a century in which no national calamities had followed from it. Society had not been disrupted; property had not been made insecure; and the radical party had not obtained permanent possession of the government. Not merely in the intellectual convictions of men, but in habits of thought and action, democracy had made great progress, and in 1884 England was ready for a step which was nearly final. By the act of that year the franchises which had been given the boroughs in 1867 were extended to the counties and the qualifications for the suffrage in these two kinds of electoral districts were made, with some slight exceptions, uniform for the first time in Parliamentary history. The change did not quite introduce universal suffrage. It gave the right to vote to any man occupying a separate dwelling house, or a part of a house used as a separate dwelling, without regard to its value, and to those occupying lodgings of the value unfurnished of ten pounds per year. A young man living in his father's family, a servant living in his CONSTITUTIONAL HISTORY 193 master's house, could not vote, but anyone earning day wages or having an equivalent income who was willing to meet the conditions was really enabled to do so. Under this act practically as many votes in proportion to the population have been cast in a Parliamentary as in an American congressional election. At the same time an act redistributing seats and rearranging electoral districts was passed, making far more radical changes than ever before. The principle of the representation of equal units of population is not quite so exactly realized in England as in the United States, but there are inequalities with us, and perfect exactness of measure is not possible anywhere. In the meantime other acts, perhaps less strictly constitutional in character, had made the way of democracy easier. The Australian secret ballot had been adopted ; registra- tion had been simplified in the interests of the elector; and a Corrupt Practices Act had greatly reduced the opportunity to influence elections improperly. Since 1885 in everything except a few points, less important practically than theoretically, England has been a democracy. It is indeed fair to say that, so far as the immediate influence of public opinion upon government policy is concerned, England has been for a generation more democratic than the United States. The cabinet system of government, the ministry respon- sible to the House of Commons, losing office when it 194 OUTLINE SKETCH OF ENGLISH loses its majority, provides a way by which almost automatically, without waiting for a future election day, a change of national judgment is carried out in a change of government policy, provided always that opinion changes in the House of Commons with the change of opinion outside. It has done so certainly in the past and may be expected to do so in the future. As a further step in the line of development which we are now following, the progress of the constitution towards democracy, the enactment of the Parliament Bill of 1911 should not be overlooked. It has been described already sufficiently for our purpose, but it should be remembered in its chronological place that it did away in law with the power formerly possessed by the House of Lords of absolute veto of popular measures which they had already lost in theory. There was no doubt natural reluctance to have the powerlessness of the peers so bluntly stated in statute terms, but the law really did no more than to remove all possibility of a serious collision between the two houses which came so near to occurring more than once in the nineteenth century. In one particular the Parliament Bill is a distinct departure from the ordinary English practice. It is the embodiment of a constitutional principle in a statute; that is, the principle is legalized in definite words which state exactly what shall and what shall not be, an CONSTITUTIONAL HISTORY 195 approach on a single point towards a written constitu- tion. In this respect it is in line with the Bill of Rights of 1689 and with some provisions of the Act of Settle- ment in 1701, rather than with the general trend of English history, which has left the constitution to be expressed in unwritten custom and convention. But a written constitution is not out of harmony with English history, as is shown by the acts mentioned and by other legislation in earlier history which has become obsolete. The reason why the English constitution is unwritten is not because there is any especial political virtue about that form of constitution which was fore- seen and chosen. The unwritten constitution was as little intended as a Parliament of two houses. It was an accident of the situation and was due to the fact that the work which England was doing in constitution making was new to human experience. The constitu- tional future could not be foreseen nor planned in detail, nor the needs of government provided for in advance, because this road had never been traveled before. The constitution was slowly made, not according to any theoretical ideal, but by finding a practical solution for every problem as it arose. The result in each case was rather a way of doing things than a formal provision, though it might be and often was afterwards put into statute form as a single detail. It would be absurd to argue from England's un- 196 OUTLINE SKETCH OF ENGLISH written constitution that the results of her experience should not now be expressed in a written constitution; that would be to r elevate an accidental attendant of past growth into a law of the future. Nor does such a formulation in writing of the British constitution, as has been made in whole or in part by so many states, prevent among them its steady enlargement or modifica- tion by the continued new creation of custom and convention. The relation of the president to legislation in our government is quite different now from that intended by the constitution, as is that of the Senate to foreign affairs and to the government in general. Other instances of enlargement or amendment without formal enactment could easily be cited. The embodiment of a principle in statute form never prevents its modifica- tion by the development of custom and precedent so long as a nation remains politically and institutionally alive. A written constitution is as truly in harmony with English history and its methods of advance as an unwritten one. In America in conversation and in discussion in print, the question is often raised whether England will not before long become a republic in form, or why she does not do so. It has been reported that long ago, while he was still Prince of Wales, Edward VII predicted that he would be the last king of England. If he ever did make such a prediction, there has been since his acces- CONSTITUTIONAL HISTORY 197 sion no progress that can be detected towards its ful- fillment. There is no body of opinion in England in favor of such a change, and it is difficult to point out any political advantage that would be gained by it. The peculiar and characteristic features of the English"" 1 constitution are certainly as easily adaptable to a republic as to a monarchy, but such a change of external form would not make the actual government more popular or more democratic. On the other hand, as has been already said, there has been a great advantage, in the influence of the British constitution on the world derived from the retention of the monarchy, and it is not yet clear that this advantage may wisely be given up. This may be added that the house of Windsor since its accession has acknowledged so formally and so unre- servedly that it has no title to the throne except the will of the nation that it will never be likely to offer any objection to the change to a republic, if it should be seriously proposed. Perhaps the history, considered as constitutional history in the strict sense, should close with the Parlia- ment Act of 1911, but a series of important reforms, parallel in time with the later steps towards democracy, has materially changed the conditions of private life and business in England, and they are important factors in the great change which has taken place in the atmos- phere, spirit and significance of public life. England 198 OUTLINE SKETCH OF ENGLISH has been transformed in a hundred years in every direction, and these reforms to be briefly named are at once signs of the changes taking place and essential portions of them. The simplification of judicial pro- cedure and of the organization of the courts might properly perhaps be called constitutional. Out of the uninstructed and undirected development of the middle ages the system of criminal and civil justice descended to the nineteenth century full of anomalies and crudi- ties, with an intricate complex of courts of overlapping jurisdiction and a cumbrous and dilatory procedure which favored numerous abuses and made litigation expensive and tedious. The practical results are familiar to us today through the novels of Charles Dickens. By a series of acts beginning in the first reform period of the century, the system has been greatly simplified and expense and delay greatly reduced. There are many differences which strike one between the organization and administration of justice in England and in the United States, but the points of similarity are equally striking in courts and procedure and in the fundamental law administered. The progress of democracy in general government was accompanied step by step with the same progress in local government. The first reform act on this subject was passed within two years of the first Reform Bill, and since that date local and municipal government has CONSTITUTIONAL HISTORY 199 been made over in the interests of economy, efficiency, and popular control. About the same time reforms in the administration of poor relief began, and a little later in the care of public health, and later still an almost revolutionary system of public schools and popular education was organized. Along with these, other laws were passed regulating work in factories, improving other working conditions, and protecting the interest of labor in many ways, while by a series of acts the Irish church was disestablished and land and other abuses, of which the Irish had long justly complained, done away with. It would be absurd to maintain that no abuses of any kind or in any direction remain to be destroyed, or that the work of the reform age is finished. But if a condensed statement of the progress of the nineteenth century in these ways seems like an exag- geration, the impression would be incorrect. The advance has been beyond question rapid and significant, and the England of today is a different country from the England which emerged from the war with Napoleon a hundred years ago. As this writing comes to an end in the midst of the great world war, all minds are occupied as much or more with the future as with the past. Of the great changes which seem foreshadowed by recent events, one directly concerns our subject the federation of the British Empire. The British colonial empire was slowly formed, 200 OUTLINE SKETCH OF ENGLISH mainly in the eighteenth and nineteenth centuries, and like the British constitution with no foreseen purpose and no definite adaptation of means to end. The process was for a long time drift and accident, and only by slow degrees and by hard experience did England learn how to govern her colonies. The lesson was not really learned until after the Canadian Rebellion of 1837, but it was in the end thoroughly learned. From the middle of the last century an even more profound change has been taking place, a change in the meaning of empire from the idea of dominion and power and exploitation to the idea of national expansion, a change which may be characterized in a word by saying that the term "British empire" is dropping out of political discussion and the term "British Common- wealth of Nations" is taking its place. The great British colonies have become self-governing republics, democratic in character, and practically independent in everything that concerns their government and law. At least it is clearly recognized that there is nothing in which the power of coercion remains to the home government. In the meantime other bonds than legal ones have grown stronger and these have been tested and further strengthened by the war. Soon after the middle of the nineteenth century these new ideas of empire and union began to find expression in the discussion of imperial federation, of plans for CONSTITUTIONAL HISTORY 201 a united government of the British commonwealth of nations. As yet these plans have led to no practical result but they have grown steadily in definiteness of purpose and detail, and the Boer War and the present war have given them great forward impulse. The proposal of a common constitution for so large a portion of the earth's surface makes a powerful appeal to the imagination. Possibilities to be attained and problems to be solved in constitution making for the British world seem vaster than ever dreamed of heretofore. When the obvious difficulties, however, of bringing together in one government dwellers in five continents are con- fronted with the tremendous progress in the annihilation of space and time since 1787, they do not seem relatively greater than those attacked and overcome in the forma- tion of the American constitution. No actual consti- tution has yet been proposed in any official way nor any official suggestion made looking towards the making of one, but a history of the English constitution may well close with the anticipation of this still greater result to come in the not distant future for it is a normal outgrowth of the past and the next forward step naturally to be expected in the long development which has been sketched. INDEX "Agreement of the People," the, 138 f. American race, Anglo-Saxon, 5 f . ; constitutional growth separates from English, 9, 139 f . ; constitutional law, be- ginning of, 136 f., 138; con- stitution framed, 165 f. Anglo-Saxon, a composite race, 5. Appropriations of revenue, Par- liamentary, beginning of, 72 f . ; extension of, 92. Bacon, Francis, impeachment of, 119. Balance of power, 99. Ballot, Australian, adopted, 193. Baron, the. place in Norman government, 19 ff. ; attitude towards reforms of Henry IT, 38 f . ; insurrection against King John, 43 f . ; disappear- ance of, 81. Bill of Rights, the, 122, 148 ff., 195. British Empire, spread of, 2 ; federation of, 199ff. Buckingham, duke of, impeach- ment of, 77, 120. Cabinet system, the English, origin and growth, 152 ff ., 156; practical operation of, 179 ff., 185 ff. Canada, government framed for in 1791, 167. Catholics, plans of James II for, 146; disabilities removed, 171. Celtic racial element in Anglo- Saxon, 5, 13 ; no influence on constitution, 13. Charles I, reign of, 120 ff.; civil war under, 132; trial of, 134 f. Charles II, reign of, 141 ff., 153 f. Charter, the Great, 7, 32, 43 ff., 55, 80 f., 89 f., 120 ff., 130, 148, 149; provisions and prin- ciples of, 45 ff . ; the begin- ning of the limited monarchy, 45; confirmations of, 47. Charters, the Confirmation of the, 67 f . Chartist movement, 190. Church, the English, growth in power after the Conquest, 39 ff . ; conflict with Henry II, 40 f . ; place in medieval gov- ernment, 101 f. ; brought un- 204 INDEX der Parliamentary control, 101 ff. Civil rights of the individual at end of fifteenth century, 94 f. Coercion of government, the right of, 46 f., 49, 55, 122, 130. Commons, House of, origin of, 59 ff., 63 f . ; increase of power in fourteenth century, 64 ff . ; in impeachment trials, 78 ; use made of by Bichard II, 84; privileges of, 92, 116f. ; atti- tude in "Long" Parliament, 128 ff.; sole authority after execution of Charles I, 137; reform of representation in, 172 ff., 193; how it controls the cabinet, 187 f. Constitution, sense in which the word is used, 12, 15; English, elements united in, 12 f. ; Norman origin of, 15; the feudal, 21 f.; constitutional government becomes habitual, 88, 91; suspension under Tu- dors, 99 ff. ; progress of in seventeenth century, 112f., 140, 151, 153; a written, 138 f., 148, 1951; spread throughout the world, 144. Contract, idea of, in feudal law, 31 f. ; use of to check the king 's power, 32 f ., 44 ; in Bill of Rights, 149 f. Council, the, 22, 23 ff., 34, 83, 90, 128; the germ of Par- liament, 57; not changed by growth of Parliament, 59; legislation by, 73 f . ; orders in, 75; controlled by Parlia- ment, 87, 92. Curia regis, 22, 34. Debate, freedom of, 84 f ., 92. Democratic movement in seven- teenth century, 134 ff., 150, 170; in the nineteenth, 168 ff., 1901, 1931 Deposition of the king, right of, 89 1, 147 1 Divine right of kings, 108, 109, 147. Economic revolution of eight- eenth and nineteenth centu- ries, 168 ff. Edward I, and taxation, 66 f . Edward II, growth of Parlia- ment under, 68 ; deposition of, 90. Edward III, Parliamentary tax- ation under, 71 ff. Elizabeth, character of age of, 106 1, 108. Empire, meaning of, 98, 200 1 England, a democratic republic, 10; likeness and contrast to France in constitutional his- tory, 36 f . ; international po- sition in sixteenth century, 981 England, New, effect of Charles I's policy upon, 122 ff. INDEX 205 Equity system, beginning of, 35, 74. Europe, domination of, 98. Exchequer, origin and business of, 27 f . Feudalism, introduced by Nor- man Conquest, 17 ff. ; charac- ter of Anglo-Saxon, 18; rela- tion to beginning of limited monarchy, 44; its conception of the state, 52 f . ; decline of, 52, 58, 60. Foreign policy, democratic con- trol of, 112; the king in rela- tion to at present, 181 f. Fortescue, Sir John, on the king's place in government, 88 f. France, likeness and contrast to England in constitutional his- tory, 36 f. George I, and the constitution, 159, 160. George II, unable to check cab- inet development, 159 f. George III, reign and policy, 161 ff. ; and the American colonies, 162; failure of his policy, 163. German Empire, relation of con- stitution to English, 3. German source of English insti- tutions, 13 ff . ; institutions at time of settlement, 14. Habeas Corpus, not in Magna Carta, 45 ; perfected in seven- teenth century, 114, 121 . Henry I, growth of royal power under, 30 f ., 33 ; coronation charter of, 311, 44, 149; growth of power of church under, 40. Henry II, growth of royal power under, 33 ff . ; his insti- tutional reforms, 34 ff . Henry IV, 85 f . Henry V, 86. Henry VI, 86, 105. Henry VII, 96, 105. Henry VIII, 103, 108. Historical argument, the, va- lidity of, 115. Impeachment, 10, 56, 82 ; begin- ning of the process of, 76 ff . ; as sign of progress, 80; re- vival under James I, 119f. ; after the Restoration, 155, 157 f. Impositions, the, 113, 117. Independents, the, democratic wing of Puritan party, 134 ff., 137, 170; break with the past, 135, 136. "Instrument of Government," the, 139. "Interpreter," Cowell's, 117. James I, character and policy cf, 108 ff., 150. James II, character and reign, 146 ff. 206 INDEX Japan, relation of constitution to English, 3. Jews, disabilities removed, 171. John, character and history, 42 ff. Judicial organization, begin- ning of modern, 34 f . Judicial reform in nineteenth century, 198. Judiciary, the, independence of, 112, 150 f . Jury trial, introduction of, 34 f . ; not in Magna Carta, 45; as protection of individ- ual, 94 f . Justices, itinerant, established by Henry II, 34 f . King, the, place in Norman gov- ernment, 21 ; .power limited by the barons, 31 ff. ; bound to keep the laws, 45 f., 80 f., 149; new conception of his duty, 53; can do no wrong, 77; perceives result of con- stitutional growth, 83 ; place in government in fifteenth century, 88 f . ; left in form supreme at Eestoration, 142 f ., 155; position in present gov- ernment, 179 ff. See Mon- archy. Lancastrian period, constitu- tional character of, 85 ff ., 90 ff., 93, 110. Laud, Archbishop, 123, 124, 126. Law, supremacy of, 5, 122, 130; beginning of, 45 f ., 49 ; as against the Stuarts, 109 ff. ; James I and, 116 ff.; affirmed by the Bill of Rights, 149 f. Legislation, modern methods of, beginning, 73 ff., 92. Lords, House of, origin of, 59; in impeachment trial, 78; at- titude in impeachment of Strafford, 129 f . ; in the trial of Charles I, 135; position of in the constitution, 152, 182 ff.; attitude on first Re- form Bill, 175 ff. Magna Carta, see Charter, the Great. Monarchy, English, influence on the world, 10; origin and character of Saxon, 14; Nor- man, introduced by the Con- quest, 17; growth in power after the Conquest, 28 ff., 37 f . ; beginning of the lim- ited, 43, 45, 57, 82; impeach- ment as expression of the lim- ited, 77 f . ; growth of the lim- ited, 91 f.; in the sixteenth century, 99 ff., 142 ff. ; see King. Montfort, Simon de, 60. Nation, the, non-existent in eleventh century, 16; begin- ning as political force, 51 ff. ; attitude towards Tudors, 100 f . ; growth of in fifteenth century, 105 f . INDEX 207 Nobility, rise of modern, 81 ; factional attitude of, 83, 87, 93, 105. Nonconformists, disabilities re- moved, 171. Norman Conquest, beginning of our constitutional history, 6 ; changes made by, 16 ff., 24. North, Lord, as minister of George III, 162. Orders in Council, 75. Oxford, the Provisions of, 51, 55 f ., 79. Parliament, 7; not in Magna Carta, 45; beginning and growth, 57 ff. ; the model, 61 ; why of two houses, 63; en- largement of fundamental law by, 80 ff. ; becomes guard- ian of the constitution, 82 ; attacked by Richard II, 84 f . ; growth of power in fifteenth century, 91 ff. ; under the Tu- dors, 100 f., 103 ff.; as op- posed to the Stuarts, 109 ff. ; supremacy of after 1660, 141 ff. Parliament, the "Short," 127; the "Long," 128 ff., 140; legislation of, 131 f. ; Presby- terians expelled from, 134; the "Bump," 134, 137. Parliament Bill, of 1911, 184 f., 1941 People, the, non-existent in eleventh century, 16; devel- opment of in fifteenth cen- tury, 105 f . Petition of Eight, the, 114, 120 ff. Pitt, William, earl of Chatham, in the ministry against the king's will, 161; George III and, 162. Pitt, William, the Younger, struggle of with the House of Commons, 164 f. Precedents, historical, use of in seventeenth century, 113 ff. Presbyterian party, political at- titude of, Scotch, 108, 126, 133 f.; expelled from "Long" Parliament, 134. Primogeniture, law of, 90. Puritan party, effect of Charles I 's policy upon, 122 ff . ; con- stitutional ideas of, 123 f., 132, 137; in America, 124, 136, 140; reform of Parlia- mentary representation, 172. Race, meaning of in history, 5 f . Reform Bill, of 1832, 171 ff., 185, 189; of 1867, 191 f.; of 1884, 192 f . Reformation, the, international effect of, 99; the English, 102 f. Representative system, origin of, 59, 62. Responsible ministry, the, 10, 51, 55 f., 112, 144 f., 153, 156; impeachment and, 77 f . ; ori- gin of the modern, 157; de- 208 INDEX velopment of, 157 ff., 165; why not in American consti- tution, 165 f . ; not understood at end of eighteenth century, 165 ff. ; practical operation of, 179 ff., 187. Bestoration, the, 141 f . ; com- promise made at, 142 ff., 153. Revolution, American, 163. Eevolution of 1688, 147, 157. Richard II, his attempt against the constitution, 83 ff ., 93 ; revolution against, 85. Richard III, 84, 93, 96. Roman Empire, influence of, 1 ; conception of, 98; sovereignty in, 119; Roman influence on English constitution, 13 f . Roses, Wars of the, 87, 93, 96, 105. Settlement, act of, 158 f., 195. Sheriff, the, 22 f., 27. - Slavery, negro, in British colo- nies, abolished, 171. Sovereignty of the people, 8, 56, 89, 118, 133, 135 f., 148, 150, 170, 183, 185; declared by Thomas Hooker in Connecti- cut, 135 f. Sovereignty in the state, 111 f., 113, 1181, 129, 143, 153; in Parliament after 1660, 142 f. Strafford, the earl of, 127; his impeachment, 1 29 f . Stuart period, 108 ff. Succession to crown, right of Parliament over, 89 f ., 94, 96, 109, 147. Suffrage, Parliamentary, 92, 172 ff., 189, 191 ff. Taxation, consent to, not in Magna Carta, 45; brought into, 67; growth of Parlia- ment 's power over, 65 ff . ; right of House of Commons in, 92; non-Parliamentary by Charles I, 124 f. Treason, against king or nation? 129 f., 134 f. Tudors, the, age of, 96 ff., 110. United States, the, independ- ent, 2; share in English his- tory, 4; Anglo-Saxon in race, 5 f . ; impeachment in, 76 ; constitution of, *138. Victoria, Queen, her relation to government, 180, 182. Walpole, Sir Robert, develop- ment of cabinet under, 160 f. William I, the Conqueror, 16, 34, 39. William II, Rufus, increases the royal power, 30. William III, 147, 152 ff., 162. World domination, 98. York, House of, title to crown, 90, 94 ; the constitution under, 93 f., 110. AV ) 0^^' :, ' ,. d) 'IL tu, - yL\e~rfy V- .-, vJt -. ^. ^ >Kh ^r, r m /-\/"\ Hill Hill Illll III) |||i