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all question by the contemporary works of Blackstone, De Lolme, Paley, and others, who, without even referring to the existence of the cabinet,1 formulated a doctrine of "checks and balances" absolutely incompatible with it; that it did not then exist in fact is equally certain because at that time the king himself and not the prime minister was the real executive.2 It was, therefore, held by the doctrinaires at that mo- the concepment that the supreme sovereignty was vested in a balanced tion of sov ereignty union of three elements, democratic, aristocratic, and mon- that then prevailed; archical; that without the concurrence on equal terms of king, lords, and commons, sovereignty could not be properly exercised. The cornerstones of the theory as thus expounded were, first, that the king had the exclusive right to exercise the entire executive authority through ministers appointed by himself and responsible to him alone; second, that the legislative authority was divided between king, lords, and commons as coördinate powers. Only by contrasting that con- only by ception of the constitution with that which exists to-day can contrasting we estimate the immense change that has actually taken place tion with during the intervening period. The modern ministerial sys- conditions tem was so completely in eclipse a century ago that it could perceive not be perceived even by the most acute observers; to-day actually it is the central figure in the picture, the great driving-wheel taken place; that moves the entire constitutional machinery. The indirect source of its power is the electorate; the direct, the house of commons, which is no longer looked upon as a coördinate department, but as a corporate entity in which the supreme sovereignty is vested. Upon the one hand stands the crown, with all its prerogatives vested in a committee of its members; on the other, the house of lords as a mere revising chamber to counsel against the making of rash and ill-advised decrees, to which it must always bow in the last instance. Thus the old old literary literary theory of "checks and balances," based upon the idea coördinaof a coordination between separate and coequal powers, has tion has completely broken down in the presence of the incontestable the fact that fact that the English constitution now embodies "the close and legisla union, the nearly complete fusion, of the executive and legis- tive powers lative powers. No doubt, by the traditional theory as it exists blended; in all the books, the goodness of our constitution consists in

1 See above, p. 503, 504.

2 Vol. i. p. 69, note 3.

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the entire separation of the legislative and executive authority, but in truth its merit consists in their singular approximation. The connecting link is the cabinet. By that new word we mean a committee of the legislative body selected to be the executive body." 1 As that committee draws its authority from an electorate so broad as to be removed only by a single step from manhood suffrage, it may now be safely assumed that the cycle has come round; that the gradual and silent process of change has been fully worked out through which formed into the medieval monarchy has been finally transformed into the hereditary republic, in which, under the ancient and still useful forms of the throne and the regalia, the English people is king.

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1 Bagehot, pp. 10, 11.

INDEX.

INDEX.

ABBOT, Archbishop, becomes leader of the
Puritans, ii. 254.

Abbots, feudal aspect of, i. 355; lose their
places in parliament, ii. 90.

Achaian League, a great example of Federal
government, i. 49–51; its form of govern-
ment, 50, 51, 74.

Acts, of Appeals, ii. 160; Army, 421; Ballot,
536, 537; Conventicles, 365, 366; Corpo-
ration, 425-427; Corrupt Practices, 469,
532; Dissenting Ministers, 426; Elemen-
tary Education, 581; Emancipation, 430;
Five-Mile, 366, 426; Government, 352, 353;
Habeas Corpus, 380, 382, 383; Indemnity,
426; Licensing, 379, 380; Local Govern-
ment, 578, 579; Mortmain, 142; Mutiny,
421, 422; Municipal Corporations, i. 474,
ii. 568; Navigation, ii. 31; Oaths, 428;
Parliamentary Registration, 532; Public
Health, 580-582; Redistribution of Seats,
537, 538; Riot, 125; Roman Catholic
Relief, 429, 430; Schism, 426; Septennial,
457, 458; Settlement, 422, 423, 425, 443, 444;
Submission, 69; Succession, 84; Supre-
macy, 75, 76, 77-79, 81; Test, 370-372,
396, 397, 427; Triennial, 305, 306, 457;
Uniformity, 126, 364, 365; Vagrancy, 118;
Vestry, 573.

Adams, J. H., on the introduction of convey-
ancing, i. 140; on laenland, 142; on the
identity of the modern hundred and the
early shire, 145, 171, 193; on the agency of
the family, 195; on the right of feud, 196;
on the maegth, 197; on the jurisdiction of
king and witan, 201; on compromise, 207;
on sac and soc, 209; on manorial law, 254.
Addled Parliament, nickname of James I.'s
second parliament, ii. 238.

Adjournment, king's right to force adjourn-
ment of the house of commons resisted,
ii. 277, 278.

Admiral, office of, i. 547, 549; ii. 558.
Admiralty, court of, origin, i. 549; ii. 558; its
encroachments upon the common law tri-
bunals, i. 550; number of officials, ii. 558;
maritime cases, 588.

Admonition to Parliament, ii. 171.
Advertisements, put forth, ii. 171.

Alfred the Great, his wars with the Danes,
i. 167; compared with Washington, 167;
retreats to Athelney, 167; victorious at
Ethandun, 167; divides the kingdom with
the Danes, 168; laws of, position of the
king defined by, 177.

Æthelbald, king of the Mercians, his supre-
macy, i. 163; defeat of, 163.
Æthelberht, king of Kent, and third Bret-
walda, i. 152; his conversion, 155; extends
the faith, 156.

Ethelburh, daughter of Ethelberht, mar-
ries Eadwine, i. 156, 162; flies from North-
umberland, 157.

Ethelred the Second, deposed, i. 190, 504;
called the Unready, 214; takes refuge in
Normandy, 214, 227; restored, 214; death,
215; quarrels with the Norman dukes, 226,
227; marriage with Emma, 227.
Æthelstan, son of Edward the Elder, com-
pletes the conquest of the Danelagh, i. 168.
Affirmation, right of, granted to separatists
and others, ii. 427; case of Mr. Bradlaugh,
427, 428; Oaths Act relating to, 428.
Agreement of the People," the prototype
of American constitutions, ii. 341, 342; pre-
sented to the commons, 342.
Agincourt, battle of, ii. 28.
Agitators, army representatives, ii. 335, 336.
Agricola, Julius, his conquest of Britain, i.
118.

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Aidan, his see at Lindisfarne, 1. 158.
Aids, used by Henry I., i. 272; as a source of
royal revenue, 294; exacted by John from
the knights, 374; limitation on the exac-
tion of, by the Great Charter, 384, 421;
reaffirmed in the Statute of Westminster I.,
406; become extinct, 490. See also Taxa-
tion.

Alchred, his deposition, i. 190.

Alienation. See Land.

Aliens, recent legislation on, ii. 229.
Allegiance, doctrine of, ii. 424, 425.
Allen, Professor William Francis, on See-
bohm's theory as to the manor, i. 116.
Allen, William, establishes a college at Douay,
ii. 165.

Almon, case of, ii. 489, 490.

Ælfhere, Abbot, bearer of the king's writ, Alod, use of the word, i. 126, 134, 135, 136,

i. 257.

139; disappears in Bookland, 140, 411.

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