BRITISH CONSTITUTION 'f 08 2 CAainjian—LORD BROUGHAM, F.R.S., Member of the National Institute of Frniice. Vice-Chairman-'EA.Rh SPENCER. Treasurer—JOUfi WOOD, Esq. Captain Beaufort, R.N., F.R. and R.A.S. Professor Key, A.M. Lord Campbell. John G. S. Lefevre, Esq., A.M. Profesiior Carey, A.M. Sir Denis Le Marchant, Bart. John Conolly,'M.D. Sir Charles Lemon, Bart., M.P. William Coulson, Esq. George C. Lewis, Esq., A.M. The Bishop of St. David's. James Loch, Esq., M.P., F.G.S. J. F. Davis, Esq., F.R.S. Professor Long, A.M. Sir Henrv De la Beche, F.R.S. The Right Hon. Stephen Lushington, D.C.L. Professor De Morgan, F.R.A.S. Professor Maiden, A.M. Lord Denman. A. T. Malkin, Esq., A.M. Samuel Duckworth, Esq. Mr. Serjeant Manning. The Bishop of Durham. R. L Murchison, Esq., F.R.S., P.G.S. John Elliotson, M.D., F.R.S. Lord Nugent. T. F. Ellis, Esq., A.M., F.R.A.S. John Lewis Prevost, Esq. Thomas Falconer, Esq. Professor Quain. John Forbes, M.D., F.R.S. P. M. Roget, M.D., Sec. R.S., F.R.A.S. Sir I. L. Goldsmid, Bart., F.R. and R.A.S. Sir Martin Archer Shee, P.R.A., F.R.S. F. H. Goldsmid, Esq. Sir George T. Staunton, Bart., M.P. B. Gompertz, Esq., F.R. and R.A.S. John Tavlor, Esq., F.R.S. Professor Graves, A.M., F.R.S. Professor Thomson, M.D., F.L.S. G. B. Greenough, Esq., F.R. and L.S. Thomas Vardon, Esq. Sir Edmund Head, Bart., A.M. Jacob Walev, Esq., A.M. M.D. Hill, Esq., Q.C. James Walker, Esq., F.R.S., P. Inst. Civ. Eng. Rowland Hill, Esq., F.R.A.S. H. Waymouth, Esq. Right Hon. Sir J. C. Hobhouse, Batt., M.P. Thomas Webster, Esq., A.M. Thomas Hodgkin, M.D. Lord Wrottesley, A.M., F.R.A.S. David Jardine, Esq., A.M. J. A. Yates, Esq. Henry B. Ker, Esq. Secretary, THOMAS COATES, Esq., 42, Bedford Square. This work is part of the Society's larger treatise of Political Philosophy, and the references are to the Parts and Chapters of that work. The great importance of the subject has occasioned this separate publication. UNDER THE SUI'ERIN TENDENCE OF THE SOCIETY FOR THE DIFFUSION OF USEFUL KNOWLEDGE BRITISH CONSTITUTION BY HENRY, LORD BROUGHAM F.R.S. MEMBER OF THE NATIONAL INSTITUTE OF FRANCE MEMBER OF THE ROYAL ACADEMY OF NAPLES LONDON CHARLES KNIGHT & Co. 22 LUDGATE STREET 1844 Street. London : Printed liy William Ct.owes and Sons, Stamford i JN PREFACE. The Society have deemed that it may be useful to print a separate edition of the account given of the British ^ Constitution, in the Third Part of their laro;er treatise >_ on Political Philosophy. i ^ It is quite impossible to understand accui-ately tine "' principles of that Constitution without studying its his- tory in all times; and an attentive examination of that history is fruitful of most important practical truths for the government of men's conduct in the present day^ It shows that this country alone of the European states CO has in all ages possessed the great benefit of a Legis- ^ lature distinct from the Executive Government, the ^ Sovereign of England never having at any period had -=t the power of making general laws. But it likewise! shows most clearly that this or any other institution! can give little security to the liberties of the people, — little obstruction to the maladministration of publid affairs. The lesson taught by the history of our Con-i i ^ stitution in all ages, is that unless the people continue! ' ^ . a watchful over their own riohts and their own interests,! ^^ the best constructed system of polity can afford them no! 30i02G vi PREFACE. sliolter tVoiu oppression, no safeguard against the mis- nianagemeut of their concerns. It may be very wrong- to say that forms of Government are of no importance, and that the best system is the one best administered. But it is assuredly a truth to which all History bears testimony, that the chief advantage of free institutions is their enabling men to obtain a wise and an honest administration of their affairs ; that the frame of Go- vernment approaches to perfection in proportion as it helps those who live under it to watch the conduct of their rulers, aiding them when right, checking them when wrong ; and, above all, that no Constitution, liowever excellent, can supersede the necessity or dis- pense with the duty of this constant vigilance. —4- CONTENTS. CHAPTER I. GOVERNMENT OF ENGLAND.—ITS STRUCTURE IN THE ANGLO-SAXON TIMES. its Obscurity of early Constitutional History ; two causes —Royal Prerogative in early Times—Errors from National A'anity and Party Spirit— Resemblance with other Feudal Monarchies— Difference as to Legislative Power—Royal Authority traced from the Roman Times—Saxon Constitution—Heptarchy—Constitution after the Union—Power of the Crown—Great Officers: Eorlderman ; Gereefa; Borough reeve—Danish Body-Guard, or Thingmann—Legislative Power—Witan and VVi- tenagemote—Royal Revenue—French and Anglo-Saxon Monarchies compared Aristocratic Nature of the Anglo-Saxon Government—That Government not pro- perly a mixed Monarchy ........ Page 1 CHAPTER II. GOVERNMENT OF ENGLAND.—ANGLO-NORMAN MONARCHY. William the Conqueror—Lord Coke's Error— Influence of Foreign Dominions—Great Possessions of the Conqueror's Family—Royal Authority not absolute, though great its —Parliament or Colloquium ; composition—Extension of Feudalism by Wil- liam—Almost all his immediate Successors Usurpers—Occasions of assemblino- Parliament Examples: Henry II.; Stephen Richard I.; — ; John—Taxation—Legis- lation—Henry II. 's Profligacy—Royal Power over the Church—Two practical Tests Authority of Royal —Tyranny and Profligacy of the Anglo-Norman Kings : Wil- liam I.; William II.; Henry I.; Henry II.: Richard I. —Anglo-Norman Monarchs . practically almost absolute . p. 1 CHAPTER III. GOVERNMENT OF ENGLAND.—FOUNDATION OF ITS PRESENT CONSTITUTION. Four essential Requisites of limited Monarchy— Error of supposing nominal Privi- leges real— Causes of the Resistance to John—Great Charter— Forest Charter Broken by John—Civil War—French aid called in — Henry III. —Pembroke Re- gent— Confirmations of the Charters—Mad Parliament—King deposed—Simon de Montford — His Parliament with Borough Members—Edward I. — Earls Bohun and Bigod—Statute against Taxing by the Crown—Parliamentary Constitution fully established in Law— Merits of Cardinal Langton— Compared with Archbishop Win- chelsey —Errors of Romish Historians—Edward I.'s Legislation— His Wars p. 30 —— CONTENTS. CHAPTER IV. GOVERNMENT OF ENGLAND.—THE PLANTAGENETS. EiUvartl II.—The Ordinances—Virtual Deposition of the King—His actual Deposition — Edward III.— His Encroachments—Checked by Parliament—Right of levying Men— Restrictions on it—Parliamentary Elections and Procedure more obscure County and Borough Elections— Composition of the Lords' House—Of the Com- mons—Places of Meeting—Powers of the Houses severally—Partial Parliaments the summoned by Crown—Procedure—Triers ; Petitions ; Bills—Preparing of Statutes—Mode of executing them—Vacation Committee—Richard II. —Revolu- tionary Times—Henry IV.—Henry V.—Progress of the Commons under the Lan- castrian Princes—Henry VI.—Progress of Parliamentary Privilege—Base Conduct of the Plantagenet Parliaments—Richard III.—Henry VII.—Decline of Baronial Power . p. 44 CHAPTER V. GOVERNMENT OF ENGLAND.—THE TUDORS. Men's Conduct more important than Institutions—Tudors and Plantagenets compared — Sources of the Tudor Power : Title; Economy—Infamy of Henry A'lll.'s Par- liaments—Three Examples worse than the rest—Henry VIII. "s Judicial Murders —Henry VII. and VIII. compared—Edward VI. "s Reign—Subserviency of Mary's Parliament—Privy Council Jurisdiction ; Star Chamber—Its Operation on Parlia- ment and Juries—Abuse of the Power by Individuals—Elizabeth's Reign ; Progress of Parliamentary Privilege—Question of Monopolies—New Boroughs added—Tudor Measures touching Religion—Elizabeth's Persecutions—Causes of the Subserviency of the Tudor Parliaments . p. 60 CHAPTER VI. GOVERNMENT OF ENGLAND.—THE STUARTS—COMMONWEALTH- RESTORATION. Contrast of James I. to Elizabeth—Divine Right—Error of Authors on this—Commons Struggle for their Privileges—Slavish Conduct of the Judges—Impeachments by the Commons—Extravagant Assertion of Privilege—Conflict between the King and Commons—Oppressions exercised by the Crown— Revolting Doctrines of the Stuart Princes—Character of Charles I.—Early Errors of his Reign—Favouritism to Buckingham—Baiseness of the Judges—New Oppressions of the Crown— Long Par- liament ; its admirable Conduct at first—Petition of Right— Strafford's Attainder Violence of the Parliament—Overthrow of the Constitution—Commonwealth Causes of the Rebellion—Error of Romish Writers— Evils of suffering a Minority to rule through Terror—Cromwell's Usurpation—His Plans and Constitutions Obliged to call a Parliament—Restoration . , . p. 76 — CONTENTS. IX CHAPTER VII. GOVERNMENT OF ENGLAND.—THE STUARTS—REVOLUTION. Reigns of Charles IL aiul James IL the same in a Constitutional View— Characters of these Kings —Policy of Charles—His Alliance with France—Escape of the Country from Subjugation— Clarendon's Profligacy—Revolution delayed by Charles—Popish Plot : Exclusion Bill—Alarming Change of Public Opinion on James's Accession — Base Conduct of the Lawyers—Selfish Conduct of the Church—James's Attacks on tlie Church— Banishments—Narrow Escape from absolute Monarchy—Revolu- tion : it originated in Resistance . p. 94 CHAPTER VIII. CONSTITUTION OF ENGLAND. Resistance the Foundation of our Government— Necessity of keeping this always in view—Security derived from the late Parliamentary Reform—Universality of the Mixed Principle—Apparent Exceptions—Only real Exception,