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Footnote 1:W. R. Anson, The Law and Custom of the Constitution (3d ed., Oxford, 1897), I., 13.(Back)
Footnote 2:See G. B. Adams, The Origin of the English Constitution (New Haven, 1912), Chap. 1. That the essentials of the English constitution of modern times, in respect to forms and machinery, are products of the feudalization of England which resulted from the Norman Conquest, and not survivals of Anglo-Saxon governmental arrangements, is the well-sustained thesis of this able study. That many important elements, however, were contributed by Anglo-Saxon statecraft is beyond dispute.(Back)
Footnote 3:Thus, in 871, the minor children of Ethelred I. were passed over in favor of Alfred, younger brother of the late king.(Back)
Footnote 4:The Anglo-Saxon king was "not the supreme law-giver of Roman ideas, nor the fountain of justice, nor the irresponsible leader, nor the sole and supreme politician, nor the one primary landowner; but the head of the race, the chosen representative of its identity, the successful leader of its enterprises, the guardian of its peace, the president of its assemblies; created by it, and, although empowered with a higher sanction in crowning and anointing, answerable to his people." W. Stubbs, Select Charters Illustrative of English Constitutional History (8th ed., Oxford, 1895), 12.(Back)
Footnote 5:Law and Custom of the Constitution, II., Pt. 1., 7. Cf. W. Stubbs, Constitutional History of England, I., 127.(Back)
Footnote 6:The classic description of Anglo-Saxon political institutions is W. Stubbs, Constitutional History of England in its Origin and Development, 3 vols. (6th ed., Oxford, 1897), especially I., 74-182; but recent scholarship has supplemented and modified at many points the facts and views therein set forth. A useful account (though likewise subject to correction) is H. Taylor, The Origins and Growth of the English Constitution, 2 vols. (new ed., Boston, 1900), I., Bk. 1., Chaps. 3-5; and a repository of information is J. Ramsay, The Foundations of England, 2 vols. (London, 1898). A valuable sketch is A. B. White, The Making of the English Constitution, 449-1485 (New York, 1908), 16-62. A brilliant book is E. A. Freeman, The Growth of the English Constitution (4th ed., London, 1884); but by reason of Professor Freeman's over-emphasis of the perpetuation of Anglo-Saxon institutions in later times this work is to be used with caution. Political and institutional history is well set forth in T. Hodgkin, History of England to the Norman Conquest (London, 1906), and C. W. C. Oman, England before the Norman Conquest (London, 1910). A useful manual is H. M. Chadwick, Studies on Anglo-Saxon Institutions (Cambridge, 1905); and an admirable bibliography is C. Gross, The Sources and Literature of English History (London, 1900).(Back)
Footnote 7:Anson, Law and Custom of the Constitution, II., Pt. I., II.(Back)
Footnote 8:W. Wilson, The State (rev. ed., Boston, 1903), 369.(Back)
Footnote 9:Anson, Law and Custom of the Constitution, II., Pt. I., 13.(Back)
Footnote 10:Stubbs, Select Charters, 21.(Back)
Footnote 11:The term "peers," as here employed, means only equals in rank. The clause cited does not imply trial by jury. It comprises a guarantee simply that the barons should not be judged by persons whose feudal rank was inferior to their own. Jury trial was increasingly common in the thirteenth century, but it was not guaranteed in the Great Charter.(Back)
Footnote 12:Good accounts of the institutional aspects of the Norman-Angevin period are Stubbs, Constitutional History, I., 315-682, II., 1-164; Taylor, Origin and Growth of the English Constitution, I., Bk. 2, Chaps. 2-3; Adams, The Origin of the English Constitution, Chaps. 1-4; and White, Making of the English Constitution, 73-119. Two excellent little books are Stubbs, Early Plantagenets (London, 1876) and Mrs. J. R. Green, Henry II. (London, 1892). General accounts will be found in T. F. Tout, History of England from the Accession of Henry III. to the Death of Edward III., 1216-1377 (London, 1905), and H. W. C. Davis, England under the Normans and the Angevins (London, 1904). A monumental treatise, though one which requires a considerable amount of correction, is E. A. Freeman, History of the Norman Conquest, 6 vols. (Oxford, 1867-69), and a useful sketch is Freeman, Short History of the Norman Conquest (3d ed., Oxford, 1901). Among extended and more technical works may be mentioned: F. Pollock and F. W. Maitland, History of English Law, 2 vols. (2d ed., Cambridge, 1898), which, as a study of legal history and doctrines, supersedes all earlier works; F. W. Maitland, Domesday Book and Beyond (Cambridge, 1897); J. H. Round, Feudal England (London, 1895); K. Norgate, England under the Angevin Kings, 2 vols. (London, 1887); ibid., John Lackland (London, 1902), and J. H. Ramsay, The Angevin Empire (London, 1903). The text of the Great Charter is printed in Stubbs, Select Charters, 296-306. English versions may be found in G. B. Adams and H. M. Stephens, Select Documents of English Constitutional History (New York, 1906), 42-52; S. Amos, Primer of the English Constitution and Government (London, 1895), 189-201; and University of Pennsylvania Translations and Reprints (translation by E. P. Cheyney), I., No. 6. The principal special work on the subject is W. S. McKechnie, Magna Carta; a Commentary on the Great Charter of King John (Glasgow, 1905). An illuminating commentary is contained in Adams, Origin of the English Constitution, 207-313.(Back)
Footnote 13:Adams and Stephens, Select Documents, 97.(Back)
Footnote 14:Ibid., 182.(Back)
Footnote 15:Strictly, upon the first of these occasions the sovereign, Edward II., was driven by threat of deposition to abdicate.(Back)
Footnote 16:On the rise of Parliament see Stubbs, Constitutional History of England, II., Chaps. 15, 17; Taylor, Origins and Growth of the English Constitution, I., 428-616; G. B. Smith, History of the English Parliament, 2 vols. (London, 1892), I., Bks. 2-4; White, Making of the English Constitution, 298-401; D. J. Medley, Students' Manual of English Constitutional History (2d ed., Oxford, 1898), 127-150; Tout, History of England from the Accession of Henry III. to the Death of Edward III., Chaps. 5, 6, 10. Valuable biographical treatises are G. W. Prothero, Life of Simon de Montfort (London, 1877); E. Jenks, Edward Plantagenet [Edward I.] the English Justinian (New York, 1902); and T. F. Tout, Edward the First (London, 1906).(Back)
Footnote 17:Stubbs, Constitutional History, II., Chap. 13; White, Making of the English Constitution, 123-251; Adams, Origin of the English Constitution, 136-143; W. S. Holdsworth, History of English Law, 3 vols. (London, 1903-1909), I., 1-169.(Back)
Footnote 18:G. W. Prothero, Select Statutes and other Constitutional Documents Illustrative of the Reigns of Elizabeth and James I, (Oxford, 1898), xvii—xviii.(Back)
Footnote 19:Prothero, Statutes and Constitutional Documents, cii. See A. V. Dicey, The Privy Council (London, 1887); E. Percy, The Privy Council under the Tudors (Oxford, 1907).(Back)
Footnote 20:A. T. Carter, Outlines of English Legal History (London, 1899), Chap. 12; A. Todd, Parliamentary Government in England, ed. by S. Walpole, 2 vols. (London, 1892), I., Chap. 2; Dicey, The Privy Council, 94-115.(Back)
Footnote 21:Excellent works of a general nature on the Tudor period are H. A. L. Fisher, History of England from the Accession of Henry VII. to the Death of Henry VIII. (London, 1906); A. F. Pollard, History of England from the Accession of Edward VI. to the Death of Elizabeth (London, 1910); and A. D. Innis, England under the Tudors (London, 1905). For institutional history see Taylor, English Constitution, II., Bk. 4. More specialized treatment will be found in Smith, History of the English Parliament, I., Bk. 5; Dicey, The Privy Council, 76-130; and Taswell-Langmead, English Constitutional History, Chaps. 10, 12. An excellent survey of English public law at the death of Henry VII. is contained in F. W. Maitland, Constitutional History of England (Cambridge, 1911), 165-236. Books of large value on the period include W. Busch, England under the Tudors, trans. byA.M.Todd (London, 1895), the only volume of which published covers the reign of Henry VII.; A. F. Pollard, Henry VIII. (London, 1902 and 1905), and England under the Protector Somerset (London, 1900); and M. Creighton, Queen Elizabeth (new ed., London, 1899).(Back)
Footnote 22:C. Ilbert, Parliament, its History, Constitution, and Practice (London and New York, 1911), 28-29.(Back)
Footnote 23:Prothero, Statutes and Constitutional Documents, 293-294.(Back)
Footnote 24:Petyt, Jus Parliamentarium (London, 1739), 227-243. Portions of this document are printed in Prothero, Statutes and Constitutional Documents, 286-293.(Back)
Footnote 25:Commons' Journals, I., 431; Prothero, Statutes, 297.(Back)
Footnote 26:The text of the Petition of Right is printed in Stubbs, Select Charters, 515-517; Adams and Stephens, Select Documents, 339-342.(Back)
Footnote 27:S. R. Gardiner, Constitutional Documents of the Puritan Revolution (Oxford, 1899), 202-232.(Back)
Footnote 28:Gardiner, Documents of the Puritan Revolution, 384-388; Adams and Stephens, Select Documents, 397-400.(Back)
Footnote 29:Gardiner, Documents of the Puritan Revolution, 405-417; Adams and Stephens, Select Documents, 407-416.(Back)
Footnote 30:On the history of this unicameral parliament see J. A. R. Marriott, Second Chambers, an Inductive Study in Political Science (Oxford, 1910), Chap. 3; A. Esmein, Les constitutions du protectorat de Cromwell, inRevue du Droit Public, Sept.-Oct. and Nov.-Dec., 1899.(Back)
Footnote 31:Gardiner, Documents of the Puritan Revolution, 447-459.(Back)
Footnote 32:The best of the general treatises covering the period 1603-1660 are F. C. Montague, The History of England from the Accession of James I. to the Restoration (London, 1907), and G. M. Trevelyan, England Under the Stuarts (London, 1904). The monumental works within the field are those of S. R. Gardiner, i.e., History of England, 1603-1642, 10 vols. (new ed., London, 1893-1895); History of the Great Civil War, 4 vols. (London, 1894); and History of the Commonwealth and Protectorate, 4 vols. (London, 1894-1901). Mr. Gardiner's work is being continued by C. H. Firth, who has published The Last Years of the Protectorate, 1656-1658, 2 vols. (London, 1909). The development of institutions is described in Taswell-Langmead, English Constitutional History, Chaps. 13-14; Smith, History of the English Parliament, I., Bks. 6-7; Pike, History of the House of Lords,passim; J. N. Figgis, The Theory of the Divine Right of Kings (Cambridge, 1896); and G. P. Gooch, History of English Democratic Ideas in the Seventeenth Century (Cambridge, 1898). An excellent analysis of the system of government which the Stuarts inherited from the Tudors is contained in the introduction of Prothero, Statutes and Constitutional Documents. Of the numerous biographies of Cromwell the best is C. H. Firth, Oliver Cromwell (New York, 1904). A valuable survey of governmental affairs at the death of James I. is Maitland, Constitutional History Of England, 237-280.(Back)
Footnote 33:Gee and Hardy, Documents Illustrative of English Church History, 641-644; Adams and Stephens, Select Documents, 451-454.(Back)
Footnote 34:Not properly a parliament, because not summoned by a king.(Back)
Footnote 35:In this connection should be recalled the Habeas Corpus Act of May 26, 1679, by whose terms the right of an individual, upon arrest, to have his case investigated without delay was effectually guaranteed. Stubbs, Select Charters, 517-521; Adams and Stephens, Select Documents, 440-448.(Back)
Footnote 36:In respect to ecclesiastical affairs the Bill of Rights was supplemented by the Toleration Act of May 24, 1689, in which was provided "some ease to scrupulous consciences in the exercise of religion," i.e., a larger measure of liberty for Protestant non-conformists. The text of the Bill of Rights is in Stubbs, Select Charters, 523-528; Gee and Hardy, Documents Illustrative of English Church History, 645-654; and Adams and Stephens, Select Documents, 462-469; that of the Toleration Act, in Gee and Hardy, 654-664; and, in abridged form, in Adams and Stephens, 459-462. General accounts of the period 1660-1689 are contained in R. Lodge, History of England from the Restoration to the Death of William III. (London, 1910), Chaps. 1-15, and in Trevelyan, England Under the Stuarts, Chaps. 11-13. O. Airy. Charles II., is an excellent book. The development of Parliament in the period is described in Smith, History of the English Parliament, I., Bk. 8, II., Bk. 9.(Back)
Footnote 37:On the constitution as it was at the death of William III., see Maitland, Constitutional History of England, 281-329.(Back)
Footnote 38:On the monarchical revival under George III., see D. A. Winstanley, Personal and Party Government; a Chapter in the Political History of the Early Years of the Reign of George III., 1760-1766 (Cambridge, 1910). For an excellent appraisal of the status of the crown throughout the period 1760-1860 see T. E. May, The Constitutional History of England since the Accession of George III., edited and continued by F. Holland, 3 vols. (London, 1912), I., Chaps. 1-2.(Back)
Footnote 39:See pp.80-86.(Back)
Footnote 40:H. W. V. Temperley, The Inner and Outer Cabinet and the Privy Council, 1679-1683, inEnglish Historical Review, Oct., 1912.(Back)
Footnote 41:H. D. Traill, Central Government (London, 1881), 24-25.(Back)
Footnote 42:On the rise of the cabinet see, in addition to the general histories, M. T. Blauvelt, The Development of Cabinet Government in England (New York, 1902), Chaps. 1-8; E. Jenks, Parliamentary England; the Evolution of the Cabinet System (New York, 1903); and H. B. Learned, Historical Significance of the Term "Cabinet" in England and the United States, inAmerican Political Science Review, August, 1909.(Back)
Footnote 43:For references on the history of English political parties see pp.144,160,166.(Back)
Footnote 44:Save that appeals might be carried from the Scottish Court of Session to the House of Lords.(Back)
Footnote 45:J. Mackinnon, The Union of England and Scotland (London, 1896). This scholarly volume covers principally the period 1695-1745.(Back)
Footnote 46:Styled "the Parliament of the United Kingdom of Great Britain and Ireland."(Back)
Footnote 47:An abridgment of the text of the Act of Union with Scotland is printed in Adams and Stephens, Select Documents, 479-483; of that of the Act of Union with Ireland, ibid., 497-506. The full text of the former will be found in Robertson, Select Statutes, Cases, and Documents, 92-105; that of the latter, ibid., 157-164. On Ireland before the Union see May and Holland, Constitutional History of England, II., Chap. 16.(Back)
Footnote 48:Introduction to the Study of the Law of the Constitution (7th ed., London, 1908), 22-29.(Back)
Footnote 49:Convention occupies a large place in most political systems, even in countries which are governed under elaborate written constitutions. Their importance in the government of the United States is familiar (see Bryce, American Commonwealth, 3d ed., I., Chaps. 34-35). On the influence of conventions in France see H. Chardon, L'Administration de la France; les fonctionnaires (Paris, 1908), 79-105.(Back)
Footnote 50:J. Bryce, Flexible and Rigid Constitutions, in Studies in History and Jurisprudence (London and New York, 1901), No. 3.(Back)
Footnote 51:E. Boutmy, Studies in Constitutional Law: France—England—United States, trans. by E. M. Dicey (London, 1891), 6.(Back)
Footnote 52:Constitutional History of England, I., prefatory note.(Back)
Footnote 53:Growth of the English Constitution, 19.(Back)
Footnote 54:Law and Custom of the Constitution, 4th ed., I., 358.(Back)
Footnote 55:Studies in History and Jurisprudence, I., No. 3.(Back)
Footnote 56:"In England the Parliament has an acknowledged right to modify the constitution; as, therefore, the constitution may undergo perpetual changes, it does not in reality exist (elle n'existe point); the Parliament is at once a legislative and a constituent assembly." Œuvres Complètes; I., 166-167.(Back)
Footnote 57:Lowell, Government of England, I., 2.(Back)
Footnote 58:For brief discussions of the general nature of the English constitution see A. L. Lowell, Government of England, 2 vols. (New York, 1909), I., 1-15; T. F. Moran, Theory and Practice of the English Government (new ed., New York, 1908), Chap. 1; J. A. R. Marriott, English Political Institutions (Oxford, 1910), Chaps. 1, 2; J. Macy, The English Constitution (New York, 1897), Chaps. 1, 9; and S. Low, The Governance of England (London, 1904), Chap. 1. A suggestive characterization is in the Introduction of W. Bagehot, The English Constitution (new ed., Boston, 1873). A more extended and very incisive analysis is Dicey, Introduction to the Study of the Law of the Constitution, especially the Introduction and Chaps. 1-3, 13, 14-15.(Back)
Footnote 59:From this essential incongruity of theory, form, and fact arises the special difficulty which must attend any attempt to describe with accuracy and completeness the British constitutional system. In the study of every government the divergences of theory and fact must be borne constantly in mind, but nowhere are these divergences so numerous, so far-reaching, or so fundamental as in the government of the United Kingdom.(Back)
Footnote 60:The text of the Act of Settlement is printed in Stubbs, Select Charters, 528-531; Adams and Stephens, Select Documents, 475-479; and Gee and Hardy, Documents Illustrative of English Church History, 664-670, As safeguards against dangers which might conceivably arise from the accession of a foreign-born sovereign the Act stipulated (1) that no person who should thereafter come into possession of the crown should go outside the dominions of England, Scotland, or Ireland, without consent of Parliament, and (2) that in the event that the crown should devolve upon any person not a native of England the nation should not be obliged to engage in any war for the defense of any dominions or territories not belonging to the crown of England, without consent of Parliament.(Back)
Footnote 61:Lowell, Government of England, I., 17.(Back)
Footnote 62:This title was created by Edward I. in 1301. Its possession has never involved the exercise of any measure of political power.(Back)
Footnote 63:The words to be employed were prescribed originally in the Act for Establishing the Coronation Oath, passed in the first year of William and Mary. For the text see Robertson, Select Statutes, Cases, and Documents, 65-68. An historical sketch of some value is A. Bailey, The Succession to the English Crown (London, 1879).(Back)
Footnote 64:For the text of the Regency Act of 1811, passed by reason of the incapacitation of George III., see Robertson, Statutes, Cases and Documents, 171-182. For an excellent survey of the general subject see May and Holland, Constitutional History of England, I., Chap. 3.(Back)
Footnote 65:Under Charles II. Parliament began to appropriate portions of the revenue for specific purposes, and after 1688 this became the general practice. Throughout a century the proceeds of particular taxes were appropriated for particular ends. But in 1787 Pitt simplified the procedure involved by creating a single Consolidated Fund into which all revenues were turned and from which all expenditures were met.(Back)
Footnote 66:Accuracy requires mention of the fact that, by exception, the crown still enjoys the revenues of the Duchy of Lancaster and the Duchy of Cornwall, the latter being part of the appanage of the Prince of Wales.(Back)
Footnote 67:On the history of the Civil List see May and Holland, Constitutional History of England, I., 152-175.(Back)
Footnote 68:Law of the Constitution (7th ed.), 420.(Back)
Footnote 69:Law and Custom of the Constitution, II., Pt. I., 3-5.(Back)
Footnote 70:Abolished by the Felony Act of 1870.(Back)
Footnote 71:This power, in practice, is seldom exercised. The Act of Settlement prescribed that "no pardon shall be pleadable to an impeachment by the Commons in parliament."(Back)
Footnote 72:In 1707, when the Queen refused her assent to a bill for settling the militia in Scotland.(Back)
Footnote 73:Government of England, I., 23, 26.(Back)
Footnote 74:Todd, Parliamentary Government in England, I., 81.(Back)
Footnote 75:This sort of situation presented itself several times during the reign of Queen Victoria, but in general it is exceptional.(Back)
Footnote 76:The English Constitution (rev. ed.), 143.(Back)
Footnote 77:The most satisfactory estimate of the political and governmental activities of Edward VII. is contained in Mr. Sidney Lee's memoir of the king, printed in the Dictionary of National Biography, Second Supplement (London and New York, 1912), I., 546-610.(Back)
Footnote 78:Government of England, I., 49.(Back)
Footnote 79:The best brief discussions of the position of the crown in the governmental system are Lowell, Government of England, I., Chap, 1; Moran, English Government, Chaps. 2-3; Marriott, English Political Institutions, Chap. 3; Macy, English Constitution, Chap. 5; and Low, Governance of England, Chaps. 14-15. More extended treatment of the subject will be found in Anson, Law and Custom of the Constitution, II., Pt. 1, Chaps 1 and 4; Todd, Parliamentary Government in England, I, Pt. 2; Bagehot, English Constitution, Chaps. 2-3; H. D. Traill, Central Government, Chap. 1. Mention may be made of N. Caudel, Le souverain anglais, inAnnales des Sciences Politiques, July, 1910, and J. Bardoux, Le pouvoir politique de la couronne anglaise, inRevue des Deux Mondes, May 15, 1911.(Back)
Footnote 80:On the nature of orders in council see Anson, Law and Custom of the Constitution, II., Pt. 1, 147-149.(Back)
Footnote 81:It is to be observed, however, that despite the transfer of the business devolving formerly upon the Council into the hands of the specially constituted departments of government, the Council does still, through the agency of its committees, perform a modicum of actual service. Of principal importance among the committees is the Judicial Committee, which hears appeals in ecclesiastical cases and renders final verdict in all appeals coming from tribunals outside the United Kingdom. See p.175.(Back)
Footnote 82:Traill, Central Government, Chap. 12.(Back)
Footnote 83:On the relations of cabinet and ministry see Lowell, Government of England, I., Chap. 3.(Back)
Footnote 84:On the organization and workings of the Treasury see Lowell, Government of England, I, Chap. 5; Dicey, Law of the Constitution, Chap. 10; Anson, Law and Custom of the Constitution, II., Pt. 1, 173-190; Traill, Central Government, Chap. 3.(Back)
Footnote 85:Government of England, I., 131.(Back)
Footnote 86:Lowell, Government of England, I., 84.(Back)
Footnote 87:On the organization and workings of the executive departments see Lowell,op. cit., I., Chaps. 4-6; Marriott, English Political Institutions, Chap. 5; Anson, Law and Custom of the Constitution, II., Pt. 1, Chap. 3; Traill, Central Government, Chaps. 3-11.(Back)
Footnote 88:The functions of this official are but nominal. In 1870 Sir Charles Dilke moved to abolish the office as useless, but Gladstone urged the desirability of having in the cabinet at least one man who should not be burdened with the management of a department, and the motion was lost. The presidency of the Council is a post likewise of dignity but of meager governmental power or responsibility.(Back)
Footnote 89:In theory the powers of the executive are exercised in Ireland by the Lord Lieutenant, but in practice they devolve almost entirely upon the nominally inferior official, the Chief Secretary.(Back)
Footnote 90:Lord Salisbury at this point retired from the Foreign Office, which was assigned to Lord Lansdowne, and assumed in conjunction with the premiership the less exacting post of Lord Privy Seal.(Back)
Footnote 91:Lowell, Government of England, I., 59; Anson, Law and Custom of the Constitution, II., Pt. 1, 211.(Back)
Footnote 92:The clause of this measure which bore upon the point in hand was repealed, however, before it went into operation.(Back)
Footnote 93:The one notable instance in which this rule has been departed from within the past seventy-five years was Gladstone's tenure of the post of Secretary of State for the Colonies during the last six months of the Peel administration in 1846.(Back)
Footnote 94:On the reasons for the requirement of re-election and the movement for the abolition of the requirement see Moran, The English Government, 108-109.(Back)
Footnote 95:In France and other continental countries in which the parliamentary system obtains an executive department is represented in Parliament by its presiding official only. But this official is privileged, as the English minister is not, to appear and to speak and otherwise participate in proceedings on the floor of either chamber.(Back)
Footnote 96:Government of England, I., 57. See MacDonaugh, The Book of Parliament, 148-183.(Back)
Footnote 97:The same thing is true of the President's cabinet in the United States. The reasons for the policy are obvious and ample; but the preservation of cabinet records, whether in Great Britain or the United States, would, if such records were to be made accessible, facilitate enormously the task of the historian and of the student of practical government.(Back)
Footnote 98:Moran, The English Government, 99.(Back)
Footnote 99:In a statute fixing the order of precedence of public dignitaries. The premier's position, however, was defined by a royal warrant of December, 1905.(Back)
Footnote 100:The resignation of the premier terminatesipso factothe life of the ministry. An excellent illustration of the accustomed subordination of individual differences of opinion to the interests of cabinet solidarity is afforded by some remarks made by Mr. Asquith, December 4, 1911, to a deputation of the National League for Opposing Woman Suffrage. The deputation had called to protest against the Government's announced purpose to attach a suffrage amendment (if carried in the House of Commons) to a forthcoming measure of franchise reform. The Premier explained that he was, and always had been, of the opinion that "the grant of the parliamentary franchise to women in this country would be a political mistake of a very grievous kind." "So far," he continued, "we are in complete harmony with one another. On the other hand, I am, as you know, for the time being the head of the Government, in which a majority of my colleagues, aconsiderablemajority of my colleagues—I may say that without violating the obligation of cabinet secrecy...—are of a different opinion; and the Government in those circumstances has announced a policy which is the result of their combined deliberations, and by which it is the duty of all their members, and myself not least, to abide loyally. That is the position, so far as I am personally concerned."(Back)
Footnote 101:Low, The Governance of England, Chap. 9; M. Sibert, Étude sur le premier ministre en Angleterre depuis ses origines jusqu'à l'époque contemporaine (Paris, 1909).(Back)
Footnote 102:The English Constitution (new ed.), 79.(Back)
Footnote 103:Government of England, I., 56. The best discussion of the organization, functions, and relationships of the cabinet is contained in Lowell,op. cit., I., Chaps. 2-3, 17-18, 22-23. Other good general accounts are Low, Governance of England, Chaps. 2-4, 8-9; Moran, English Government, Chaps. 4-9; Macy, English Constitution, Chap. 6; Anson, Law and Custom of the Constitution, II., Pt. 1, Chap. 2; and Maitland, Constitutional History of England, 387-430. A detailed and still valuable survey is in Todd, Parliamentary Government, Parts 3-4. A brilliant study is Bagehot, English Constitution, especially Chaps. 1, 6-9. The growth of the cabinet is well described in Blauvelt, The Development of Cabinet Government in England; and a monograph of value is P. le Vasseur, Le cabinet britannique sous la reine Victoria (Paris, 1902). For an extended bibliography see Select List of Books on the Cabinets of England and America (Washington, 1903), compiled in the Library of Congress under the direction of A. P. C. Griffin.(Back)
Footnote 104:In the First Statute of Westminster.(Back)
Footnote 105:The American Commonwealth (3d ed.), I., 35-36.(Back)
Footnote 106:The Electorate and the Legislature (London, 1892), 48.(Back)
Footnote 107:That is to say, the quota of members mentioned was returned by the counties and by the boroughs contained geographically within them.(Back)
Footnote 108:See p.23.(Back)
Footnote 109:Equivalent in present values to £30 or £40.(Back)
Footnote 110:See p.23.(Back)
Footnote 111:The monumental treatise on the House of Commons prior to 1832 is E. Porritt, The Unreformed House of Commons: Parliamentary Representation before 1832, 2 vols. (2d ed., Cambridge, 1909). On the prevalence of corruption see May and Holland, Constitutional History of England, I., 224-238, 254-262.(Back)
Footnote 112:Treatises of Government, II., Chap. 13, § 157.(Back)
Footnote 113:It is of interest to observe that every one of the demands enumerated found a place half a century later among the "six points" of the Chartists. See pp.82-83. A bill embodying the proposed reforms was introduced by the Duke of Richmond in 1780, but met with small favor. A second society—The Friends of the People—was formed in 1792 to promote the cause.(Back)
Footnote 114:The reform movement prior to 1832 is admirably sketched in May and Holland, Constitutional History of England, I., 264-280. See also G. L. Dickinson, The Development of Parliament during the Nineteenth Century (London, 1895), Chap. 1; J. H. Rose, The Rise and Growth of Democracy in Great Britain (London, 1897), Chap. 1; C. B. R. Kent, The English Radicals (London, 1899), Chaps. 1-2; and W. P. Hall, British Radicalism, 1791-1797 (New York, 1912).(Back)
Footnote 115:Of the fifty-six all save one had returned two members.(Back)
Footnote 116:The more important parts of the text of the Reform Bill of 1832 are printed in Robertson, Statutes, Cases and Documents, 197-212.(Back)
Footnote 117:Rose, Rise and Growth of Democracy, Chaps. 6-8; Kent, The English Radicals, Chap. 3; and R. G. Gammage, History of the Chartist Movement, 1837-1854 (Newcastle-on-Tyne, 1894).(Back)
Footnote 118:By law of 1710 it had been required that county members should possess landed property worth £600, and borough members worth £300, a year. These qualifications were very commonly evaded, but they were not abolished until 1858.(Back)
Footnote 119:It may be regarded, however, as taking the place of the £50 rental franchise.(Back)
Footnote 120:It is to be observed that these figures are for the United Kingdom as a whole, embracing the results not merely of the act of 1867 applying to England and Wales but of the two acts of 1868 introducing similar, though not identical, changes in Scotland and Ireland.(Back)
Footnote 121:Strictly 652, since after 1867 four boroughs, returning six members, were disfranchised.(Back)
Footnote 122:On the reforms of the period 1832-1885 see Cambridge Modern History, X., Chap. 18, and XI., Chap. 12; Dickinson, Development of Parliament, Chap. 2; Rose, Rise and Growth of Democracy, Chaps. 2, 10-13; Marriott, English Political Institutions, Chap. 10. An excellent survey is May and Holland, Constitutional History of England, I., Chap. 6, and III., Chap. 1. Mention may be made of H. Cox, A History of the Reform Bills of 1866 and 1867 (London, 1868); J. S. Mill, Considerations on Representative Government (London, 1861); and T. Hare, The Election of Representatives, Parliamentary and Municipal (3d ed., London, 1865). An excellent survey by a Swiss scholar is contained in C. Borgeaud, The Rise of Modern Democracy in Old and New England, trans. by B. Hill (London, 1894), and a useful volume is J. Murdock, A History of Constitutional Reform in Great Britain and Ireland (Glasgow, 1885). The various phases of the subject are covered, of course, in the general histories of the period, notably S. Walpole, History of England from the Conclusion of the Great War in 1815, 6 vols. (new ed., London, 1902); W. N. Molesworth, History of England from the year 1830-1874, 3 vols. (London, 1874); J. F. Bright, History of England, 5 vols. (London, 1875-1894); H. Paul, History of Modern England, 5 vols. (London, 1904-1906); and S. Low and L. C. Sanders, History of England during the Reign of Victoria (London, 1907). Three biographical works are of special service: S. Walpole, Life of Lord John Russell, 2 vols. (London, 1889); J. Morley, Life of William E. Gladstone, 3 vols. (London, 1903); and W. F. Monypenny, Life of Benjamin Disraeli, Earl of Beaconsfield, vols. 1-2 (London and New York, 1910-1912).(Back)
Footnote 123:On the process of registration see Anson, Law and Custom of the Constitution, I., 134-137, and M. Caudel, L'enregistrement des électeurs en Angleterre, inAnnales des Sciences Politiques, Sept., 1906.(Back)
Footnote 124:Government of England, I., 213. On the franchise system see Anson, Law and Custom of the Constitution, I., Chap. 4 and Lowell,op. cit., I., Chap. 9.(Back)
Footnote 125:Annual Register(1905), 193.(Back)
Footnote 126:May and Holland, Constitutional History of England, III., 48-49. It may be noted that an able royal commission, appointed in December, 1908, to study foreign electoral systems and to recommend modifications of the English system, reported in 1910 adversely to the early adoption of any form of proportional representation.(Back)
Footnote 127:See pp.110-113.(Back)
Footnote 128:October, 1912.(Back)
Footnote 129:The number of plural voters is placed at 525,000; that of graduates who elect the university representatives, at 49,614.(Back)
Footnote 130:A timely volume is J. King and F. W. Raffety, Our Electoral System; the Demand for Reform (London, 1912).(Back)
Footnote 131:May and Holland, Constitutional History of England, III., 61.(Back)
Footnote 132:K. Schirmacher, The Modern Woman's Rights Movement, trans. by C. C. Eckhardt (New York, 1912), 58-96; B. Mason, The Story of the Woman's Suffrage Movement (London, 1911); E. S. Pankhurst, The Suffragette; the History of the Woman's Militant Suffrage Movement, 1905-1910 (London, 1911). The subject is surveyed briefly in May and Holland, Constitutional History, III., 59-66.(Back)
Footnote 133:For the form of the writ see Anson, Law and Custom of the Constitution, I., 57.(Back)
Footnote 134:On electoral procedure see Lowell, Government of England, I., Chap. 10; M. MacDonaugh, The Book of Parliament (London, 1897), 24-50; H. J. Bushby, Manual of the Practice of Elections for the United Kingdom (4th ed., London, 1874); W. Woodings, The Conduct and Management of Parliamentary Elections (4th ed., London, 1900); E. T. Powell, The Essentials of Self-Government, England and Wales (London, 1909); P. J. Blair, A Handbook of Parliamentary Elections (Edinburgh, 1909); and H. Fraser, The Law of Parliamentary Elections and Election Petitions (2d ed., London, 1910). A volume filled with interesting information is J. Grego, History of Parliamentary Elections and Electioneering from the Stuarts to Queen Victoria (new ed., London, 1892). The monumental work upon the entire subject is M. Powell (ed.), Rogers on Elections, 3 vols. (16th ed., London, 1897).(Back)
Footnote 135:The Representation of the People Act of 1867 made the duration of a parliament independent of a demise of the crown. The text of the Septennial Act and that of the Lords' Protest against the measure are printed in Robertson, Statutes, Cases, and Documents, 117-119.(Back)
Footnote 136:M. Ostrogorski, Democracy and the Organization of Political Parties, trans. by F. Clarke, 2 vols. (London, 1902), I., 442-501; MacDonaugh, The Book of Parliament, 1-23. Among numerous articles descriptive of English parliamentary elections mention may be made of H. W. Lucy, The Methods of a British General Election, inForum, Oct., 1900; S. Brooks, English and American Elections, inFortnightly Review, Feb., 1910; W. T. Stead, The General Election in Great Britain, inAmerican Review of Reviews, Feb., 1910; and d'Haussonville, Dix jours en Angleterre pendant les élections, inRevue des Deux Mondes, Feb. 1, 1910.(Back)
Footnote 137:On the adoption of the Corrupt and Illegal Practices Act of 1883 see May and Holland, Constitutional History of England, III., 31-33. The actual operation of the system established may be illustrated by citing a specific case. At the election of 1906 the maximum expenditure legally possible for Mr. Lloyd-George in his sparsely populated Carnarvon constituency was £470. His authorized agent, after the election, reported an outlay of £50 on agents, £27 on clerks and messengers, £189 on printing, postage, etc., £30 on public meetings, £25 on committee rooms, and £40 on miscellaneous matters—a total of £361. The candidate's personal expenditure amounted to £92, so that the total outlay of £462 fell short by a scant £8 of the sum that might legally have been laid out. Divided among the 3,221 votes that Mr. Lloyd-George received, his outlay per vote was 2s., 10d. At the same election Mr. Asquith's expenditure was £727; Mr. Winston Churchill's, £844; Mr. John Morley's, £479; Mr. Keir Hardie's, £623; Mr. James Bryce's, £480. In non-contested constituencies expenditures are small. In 1906 Mr. Redmond's was reported to be £25 and Mr. William O'Brien's, £20. In 1900 a total of 1,103 candidates for 670 seats expended £777,429 in getting 3,579,345 votes; in 1906, 1,273 candidates for the same 670 seats expended £1,166,858 in getting 5,645,104 votes; in January, 1910, 1,311 candidates laid out £1,296,382 in getting 6,667,394 votes. A well-informed article is E. Porritt, Political Corruption in England, inNorth American Review, Nov. 16, 1906.(Back)
Footnote 138:"The House of Lords not only springs out of, it actually is, the ancient Witenagemot. I can see no break between the two." Freeman, Growth of the English Constitution, 62. Professor Freeman, it must be remembered, was prone to glorify Anglo-Saxon institutions and to under-estimate the changes that were introduced in England through the agency of the Norman Conquest. For the most recent statement of the opposing view see Adams, Origin of the English Constitution, Chaps. 1-4.(Back)
Footnote 139:The first peerage bestowed purely in recognition of literary distinction was that of Lord Tennyson in 1884, the peerages bestowed upon Macaulay and Bulwer Lytton having been determined upon in part under the influence of political considerations. The first professional artist to be honored with a peerage was Lord Leighton, in 1896. Lord Kelvin and Lord Lister are among well-known men of science who have been so honored. Lord Goschen's viscountcy was conferred, with universal approval, as the fitting reward of a great business career. The earldom of General Roberts and the viscountcies of Generals Wolseley and Kitchener were bestowed in recognition of military distinction. With some aptness the House of Lords has been denominated "the Westminster Abbey of living celebrities."(Back)
Footnote 140:Except that, under existing law, the crown cannot (1) create a peer of Scotland, (2) create a peer of Ireland otherwise than as allowed by the Act of Union with Ireland, and (3) direct the devolution of a dignity otherwise than in accordance with limitations applying in the case of grants of real estate.(Back)
Footnote 141:For a statement of the process of election see Anson, Law and Custom of the Constitution (4th ed.), I., 219-229.(Back)
Footnote 142:In 1909. Lowell, Government of England, I., 395.(Back)
Footnote 143:The crown was authorized to create one Irish peerage only for every three such peerages that should become extinct. During the thirty years preceding the conferring of an Irish peerage upon Mr. Curzon, in 1898, the creation of Irish peerages was entirely suspended.(Back)
Footnote 144:Lord Palmerston, for example, was an Irish peer, but sat in the House of Commons.(Back)
Footnote 145:The recognized advisability of strengthening the judicial element in the Lords precipitated at one time a serious issue respecting the power of the crown to create life peerages. In 1856, upon the advice of her ministers, Queen Victoria conferred upon a distinguished judge, Sir James Parke, a patent as Baron Wensleydale for life. The purpose was to introduce into the chamber desirable legal talent without further augmenting the peerage. For the creation of life peerages there was some precedent, but none later than the reign of Henry VI., and the House of Lords, maintaining that the right had lapsed and that the peerage had become entirely hereditary, refused to admit Baron Wensleydale until his patent was so modified that his peerage was made hereditary.(Back)