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the State as the sole and supreme fountain of all law and organisation-the changes wrought upon the Constitution since 1887 were seemingly in the direction of decentralisation :—until the Local Government Acts, (1888 and 1894), drew the county, district and parish communities, through their respective representative bodies, into direct relation to the central government, and thus effected a centralised system of local autonomy. The fear that had been hitherto expressed that a policy of "disintegration," such as the establishment of self-governing units within the great framework of the State was declared to be, would result in chaos in the administration of local affairs, was falsified; and by the creation of a Board of Agriculture (1889) and by the Education Act of 1902,1 new fetters were forged, which have brought the Local Government units into close inter-working with the legislative body of the whole realm. "Thus," writes Professor Hatschek ("Englisches Staatsrecht," Tübingen, 1905), "did England at the close of the nineteenth century attain what continental nations had for two centuries past enjoyed a hierarchical reconstruction of the official organisation within the internal administration." In this way was attempted, and in great measure carried out, a revival of the ancient communal system (Mark).

The latest period in the development of the English Constitution is marked by three main tendencies: Local Government (already referred to), Imperialism, and the Increased Influence of the Crown. Taking these two last in order; Imperialism in its broadest sense, as denoting a closer connection between the various colonies and dependencies of the Crown, is a hitherto unsolved problem. Certain it is that many British colonies desire such federation as would enable them to share in the legislation of the Mother Country; others again shrink from the burdens which such relationship would impose upon them. The first direct step in the direction of inter-colonial federation was the formation of the Commonwealth of Australia-a confederation of the six original States, New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, in 1901.

1 This Act brought the local educational bodies into direct dependence upon the Imperial Government, and was a necessary supplement to the Education Act of 1870, so soon as the machinery of Local Government had been introduced. The Act of 1870 provided for the establishment of a School Board by the parish or district in cases where the school accommodation was insufficient, and where there were children who for some reason or other did not share the education permitted in the voluntary schools. Compulsory attendance was enjoined by the Act, and School Boards were not permitted to interfere with the so-called Voluntary schools, nor could any of their teachers be a minister of any religious sect. This Act was designed as a death-blow to direct clerical influence upon popular education; but recent legislation (School Board Amendment Act, 1904) has largely modified the original scope of the Act by giving the governing bodies of Board schools a more liberal control in the conduct of their educational methods, and one more in harmony with the wishes of the majority whom they represent.

The Executive power in this union is henceforth vested in the Sovereign, assisted by an executive council of seven members, and the Legislative power in a federal Parliament. Yet Imperialism, as it is known, does not stop short at purely political federation. A movement, associated with the name of Mr. Joseph Chamberlain (late Colonial Secretary), is on foot to bring the colonies through a Tariff Bill into direct economic connection with the Motherland, and thus to form a grand imperial Zollverein. This project awaits, and will probably, owing to the abandonment of Free Trade principles it involves, long await realisation. ! One great feature of the whole scheme of Imperialism stands out, however, in bold relief; the increased prestige and power of the Colonial Minister in the Cabinet. Round him now centre all the great political questions affecting the British Empire throughout the world.

Another aspect of Imperialism is the tacit understanding which! has arisen between the two great parties in the State to regard all great Imperial questions as lying outside the domain of party politics. Thus, both a continuity in foreign policy is assured, and the defensive forces of the Empire, upon which its safety and external prestige depend, may rely upon the patriotic support of both parties in Parliament.

Yet possibly the third tendency outweighs the others in importance the increased influence of the Crown. Despite the democratic character of the English Constitution, it has never been denied that the Sovereign in Council has the constitutional right to make his influence felt in the counsels of his Ministers; and where a Sovereign, owing to dynastic connections, is better informed as to the attitude and intentions of foreign Powers on any given matter, it would, within the limitations usage has prescribed, be as incumbent upon him to give, as upon his Ministers to listen to and profit by, his advice. There is no doubt that already under the present reign the influence of the Sovereign has made itself felt to the advantage of the relations between England and foreign countries more than has been the case for a long period past. Such influence, wisely directed, enhances the dignity of the Crown and again makes it a material factor in the Government of the Kingdom. It may be that an enlightened English Sovereign may in the future (as has been frequently the case in English history) again take an active share in the government of the kingdom, and occupy in the Council of his Ministers a position more akin to that of the President of a Great Republic; and that when the dream of a comprehensive imperial federation has been realised, the true bond between the self-governing British Isles and the British Dependencies beyond the seas will be found in the devotion of both to the British Crown.-ED.]

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INDEX

ABBEYS, Barons founders of, to
have custody of, when vacant,
90

Abhorrers and Petitioners, 484
Act of Settlement, 179, 519; text
of, 519-526

Acts of Parliament, Private, how
they originated, 146, n. 3
Acts of Supremacy and Uniformity,
passed 1559, 350, 351, and n. i;
1662, 495

Addled Parl., 1614, dissolved, 402
Administration, system of, under
Norman and Plantagenet kings,
117; right of Commons
inquire into abuses of, 217,

220

to

Admiralty, Court of, 156
Advowsons, suits as to, 73
Ager publicus, analogy of Folkland
to, II

Agricultural Labourers, discontent

of, with landowners, 315
Agriculture, means proposed for
restoration of, at Peace of Wal-
lingford, 68

Aids, contributions from the tenant
to his lord, 47; provision as to,
made in Mag. Chart., 89; not
to be made except by common
counsel of the nation, 100
Alcred, deposition of, 25
Alford, Mr., M.P., speech of, on
Petition of Right, 428
ALFRED the Great, styled only
King of the West Saxons in his
will, 9; light thrown on the
Land laws by his will, 12, n. I;
elected king to the exclusion of
his elder brother's children, 26;
as a legislator, 33
Alien Act [1905] 525
Aliens, their disabilities, denisation,
naturalisation, &c., 523 and n.
3 (cf. 108)

Allen, Cardinal, founds Seminary
at Douay, 356, n. 3.
Altham, B., on legality of Pro-
clamations, 398

Amercements, 91, 127, n. 4:
derivation of the term, 92

Ancient English Laws, 33
Ancient German polity, 5
Anderson's case (writ of Habeas
Corpus issued into Upper Canada),
492 and n. I

Angevin or Plantagenet dynasty,
the, 69

Annates, Act restraining payment
of, to the Pope, 336, 339, n. I
[annexed to Crown, 26 Hen.
VIII. c. 3, 336]

Anne, Queen, her dislike of party
government, 531, and n. 2
Annual Indemnity Acts, t. Geo.
II. in favour of Dissenters, 589
Annual Parliaments, 216

Appeal, Accusation, origin of this
private process, 98

Appellate Jurisdiction Act, 147,
185, 185, n. 1; 564, n.

Appello Caesarem, Dr. Montague's,
436

Appropriation of Supplies, first
instance of, 219

Arbitrary imprisonment, Stat. Pet.
of Right, 3 Car. I., against,
431
Archbishops, rank as high as mem.
bers of King's family, 21;
be nominated by King's congé
d'élire, 339

to

Armada, Spanish, 361, 367
Arms, Protestants allowed to carry,
for their defence, by Bill of
Rights, 514

Army Administration Act, 503, n.
Army Organisation Scheme (1905),
504, n.
Army, standing, supersedes [an-
cient National force, 17th cent.],
156, and n. 3; used by Charles to
overawe Parliament, 461, n. 2;
increased by Jac. II., 501, and n. 1,
et seq.; sketch of military force in
England, 502, n. I seq.; made
illegal by Bill of Rights, without
consent of Parliament [opposed
t. Car. I., Car. II., Jac. ÎÏ.; t.
Will. III.; nation reconciled to,
1816; Earl Russell on, ib.]
Arrest, freedom from, a privilege of

Parliament, 258-264; vindicated
by Commons [t. Jac. I.], 389, and
ib. n. I

Arthur of Brittany, 165; his sister
Eleanor, ib.

Articles of Reform [1312], 215;
annulled by 15 Edw. II., 216, n.
1; their purport, 215, n. 2
Articles of Religion made Thirty-
nine in number, 352
Arundel, Abp., 145

Arundel, Earl of, committed to

Tower, 1626, 424

Ashby v. White, 1702, right to
vote, 269

Ashford v. Thornton, 100
Assassination practised by English
on Normans, 53; law of " Eng-
lishry," against, ib.

Assemblies,

rebellious

and un-
lawful, 3 & 4 Edw. VI. against,
311, n.

Assize, judges of, 128

Assize of Arms, national militia
revived by, 72; requirements of
the, regarding military service,
150; renewed and remodelled by
Edw. I., 151

Assize of Clarendon [1156], 75, 128,
134

Assize of Northampton [1176], 87
Assizes, provision made by Mag.
Chart. for, 91, 128

Association of Christian Brothers,

328; Luther's writings circulated
by, 330

Athelings, sons or brothers of king,

23; word originally denoted
noble birth, ib.; ranked above
nobility, 24; penalty for viola-
tion of their rights, ib.
ATHELSTAN, King, 9, 26
Attainder, Bills of, 254, and n.
5, 303, and n. 1; difference from
Impeachment, ib.

Attainder and forfeiture for treason
or felony abolished, 313, n.
Attaint, Writ of, jurymen liable to,
137; abolished t. Geo. IV., 138;
object effected by new trial, ib.
Atwyll's case (17 Edw. IV.), freedom
of speech, 260

Audit of public accounts enacted
by Parl. [1341], 219
Aurum reginae, payment of, 23
Australia, Confederation of, 604
Aylesbury men, case of the, 270
Aylmer's Harborowe of True and
Faithful Subjects, 383, and n. 2
Azo, his Summa used
Bracton, 3, n. 4

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BACON, Sir Nicholas, Lord Keeper

[on Parl. Freedom of Speech],
373

Bacon, Francis, Lord Chancellor,
382; advice to Jac. I. for
managing Commons, 401; im-
peached, punished, and im-
prisoned, 410; sentence remitted
by James, ib. n. 2

Ballot Act, 1872, 575; Universities
exempted from, ib. n. 1

Bank of England established, 1694,
486, n. I

Bankes, Atty.-Gen., argument of,
in Hampden's case, 446

Bar, the, Jac. I. attempts to repress
liberty of, 407, n. 1

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Baron," a word of wide significa-
tion, 102

Barons, unsuccessful insurrections
of t. Will. II., 60; [new men
raised up as] by Hen. I., 63;
power curtailed by Hen. II. 70;
and by institution of Scutage.
71; obtain Mag. Chart. for
people, 79; refuse to follow John
on foreign service, 82, and 84;
confederacy of, at St. Edmund's,
ib.; offer crown to Louis of
France, 112; revolt of [1312,
1321], 214

Barrow, Henry, executed for writing
seditious books. 365

Bastwick, Dr., his trial with Prynne

and Burton, and sentence for
publishing Elenchus Papismi,
441 [sent to Scilly] by Star
Chamber, 442; popular sym-
pathy for, ib.;
liberated by
Long Parl., 456

Ba es, John, case of [Case of Im-
positions], in Court of Exchequer,
1606, 393, 434, and n. 1; decision
of judges subversive of liberty,
393
Battle, wager of, 52; trial by,
superseded by [Grand Assize],
71; demanded [1817], Thornton's
case, 100; abolished [1819], ib.
Beard, William-with-the, or Fitz
Osbert rising under, 76
Bedchamber Question, 1839, 553
Bede's history of English conquest
of Britain, 4, n. 2

Belesme, Robert de, Earl of Shrews-
bury and Arundel, forfeited and
expelled kingdom, 63, and n. 1
Bell, Mr., M.P., [against] Monopo-
lies, 1571, 376

Benefices, John concedes to Pope
[a veto on institutions] to.
320; greatly abused, 321; Stat.
of Provisors [1351], forbidding
Pope's nomination to, 322

Benefit of clergy [t. Hen. VIII.],
329

Benevolence, Jac. I. calls for general
[1614], 403; protests against,
ib.
Benevolences extorted from the
richer classes by Edw. IV., 287;
declared illegal by Parl. Ric.
III., 288; reintroduced by Hen.
VII., 297; Morton's [or Fox's]
Fork, ib.; had recourse to by
Hen. VIII., 300; oppressive
treatment of [Roach and Reed
for] refusing, 301

Bennett, Sir John, impeached, 1621,
410

Berkeley, J. his Judgment in,

Hampden's. Ship-money case
448; imprisoned, 458, n. 2
Bible, English translation of, 1538,
347

Bigod, Roger, Earl Marshal, alter-

cation with Edw. I., 203, and n. 5
Bill of Rights, 1689, 178, n. 3.
Declaration of Right embodied
and confirmed in, 512; text,
512-518
Billeting of Soldiers and Mariners,
432, n. I [Petit. of Right]
Bills of Attainder, 254, 303, and n. 1
Bills, Petitions to Parl. assume form

of Statutes under name of, 249;
Money Bills originate in Commons,
248; Peerage Bills in Lords, 262
Bilson, Bp. [watches Case of
Commendams], 406
Births, Marriages, and Deaths,
Civil registration of, 1836, 593
Bishops prominent members of
Witan, 8; arrest of the three, by
Stephen, 67; petition of Com-
mons for scrutiny into Eccle-
siastical abuses referred to, 331;
their answer and Hen. VIII.'s
criticism, ib.; to be nominated
by conge d'elire, 339; Oath of
Supremacy refused by [all but
one], 354, and ib. n. 2; Bishops
Act, 1566, 356; deprived of
temporal jurisdiction by Long
Parl., 461, and n. 3; Bills intro-
duced in Commons for, 466-
467, n. I (cf. 461); attempt to
exclude from House of Lords, 561,

n. I

Bishops, the Seven, trial of, 1688,

139, 506; their names, 506, n.
2; Macaulay on, ib.

Blair, Sir Adam, impeached, 1689,
416, n.

Bland, case of, 1585, 382

Blount, Sir Thomas, Steward, Edw.
II., 168

Bocland, 11-12, 11, n. I

Bohun [Humphrey], Earl of Here-
ford, resists illegal exactions of
Edw. I., 204

Boleyn, Anne, married, 330; Eliza-
beth born, ib.

Bolingbroke, Henry St. John, Visct.,
case of impeachment of, 1715,
416, n.

Boniface VIII., Bull Clericis laicos,
203, 206; claims to be feudal
lord of Scotland, and commands
Edw. I. to withdraw his troops,
321; answer of English Parl., ib.
Boniface IX., struggle of Crown
with [1391], 324

Bonner, Bp., 316 [Commission to,
on Heresy, 1557]; indicted by
Horne, Bp. of Winchester, for re-
fusing oath of Supremacy, pleads
Horne not lawful bishop, 356
Book of Common Prayer, Acts for
Uniformity of Service, &c., Edw.
VI., 347, and 348, n. 1; Eliza-
beth, 351; penal clauses for
using any other form, re-enacted
in Act of Uniformity, 1662, 495
Book of Rates, 1608, 394
Borough-English, a variety of tenure
in burgage, 50

Boroughs, Charters to, by Hen. I.,
64; extensively sold by Ric. I.,
78; growth of representation of,
193; qualification of members
for, 275-276; electors in, ib.
seq.; great creation of Rotten
Boroughs by Edw. VI., Mary,
and Eliz., 317; great majority
of, venal, until after Geo. III.,
567

Bosworth, battle of, 173
Bot, compensation for injury, 23.
32
Bracton, extensive borrowings from
Roman law in, 3, n. 4
Brétigni, treaty of, 1360, 226
Bretwaldas, the, 8; Egbert, eighth
king who was Bretwalda, ib.;
etymology, ib. n. 2
Breviarium, the, 3
Bribery at Elections, attempt to
prevent by 9 Anne, c. 5, ex-
cluding all but landowners from
Commons, 274; rep. 1838, 275;
earliest precedent for punish-
ment of, Long's case, 1571, 382;
prices at which seats were openly
sold, 568; measures for sup-
pression of, ib.

Bridges, no town or man to be
distrained to make, 109
Brihtric, king, poisoned by his wife,

23

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