DE LOLME-continued. Those persons who seem to have it in their power to acquire the execu- Disgrace of the duke of Marlborough, under Anne, 947 Except under the English constitution, a discarded minister is the cause Kingly office, has need of no other weapon, than the civil insignia of Civil wars of England, have rarely been occasioned, but by persons who The crown cannot depend on security, if it does not fulfil its engage- Stability of the powers of the English crown, allows essential branches of English liberty to take place, which, without it, could not exist, 953 Personal freedom, in England, superior to that of Rome and France, 953 Ostracism in the republic of Athens, 955 Lettres de cachet, 955 The executive in England, cannot alter the settled course of law in Liberty of the press does not exist in any European monarchy, as it In republican governments, the people are kept under the greatest In the Venetian republic, the press strictly watched, 957 The press affords every man a mean of laying his complaints before the It is the right of canvassing, without fear, the conduct of those who Single rulers have ever found it impracticable to place an unreserved Administration of Cromwell, 960 Cromwell feared the power of parliament, 961 Roman emperors distrusted the senate, 962 Kings of France have felt anxieties from the proceedings of their par- Crown of England can give leave to assemble, and show the most unre- Unlimited freedom of speech, 963, 964 Executive authority operates to the advantage of the people in a two-fold Power of the crown, in other monarchies, has not been able, by itself, In all national conventions, the people of England perceived that the Public assemblies for the redress of grievances, 966 The press is available for the purposes of advertising the time and place, Freedom of public discussion, 967 Impartiality in the administration of justice, 967 Difficulties exist under some governments for subjects of the inferior In England, individuals of the most exalted rank, cannot prevent the The king can only seek redress by the laws, 969 INDEX. INDEX. DE LOLME-continued. The English government does not derive its stability from the standing force it has at its disposal, 970 The army generally composed of those, who have the same passions with the rest of the people, 971 Where the sovereign looks to his army for the security of his person and authority, the same military laws by which this army is kept together, must be extended over the whole nation, 972 In all monarchies the executive power in the state is supposed to possess originally, and by itself, all manner of lawful authority, 974 In England, it is not the authority of the government, it is the liberty of the subject, which is supposed to be unbounded, 974 When the magistrate exerts himself, he is bound to produce the law under which he acts, 975 Foundation of the doctrine which makes the powers of government subordinate to the laws, was laid before the Great Charter passed, 976 Limitations on the executive in Magna Charta, 977 The executive never acts but under such laws as are ascertained, 978 The crown of England never resorted to military force for its support, 978 Authority of the House of Tudor not maintained by an army, 979 House of Stuart, although only supported by the civil authority of their office, offered great opposition to the restless spirit of the nation, 979, 980 Events in the reign of James II. afford a proof of the solidity annexed to the authority of the English crown, 980 The manner in which the country has been governed since the Revolution of 1689, p. 981 The military power subordinate to the civil, 981 Military courts under a constant subordination to the ordinary courts of law, 982 All offences committed by persons of the military profession in regard to other classes of the people, are alone determinable by the civil judge, 983 If any of the military are claimed by the civil power, they must be delivered up immediately, 984 The English army cannot procure the sovereign any permanent strength, Notoriety of parliamentary debates, induces all individuals, soldiers as Authority of the crown in England, rests upon foundations peculiar to Essential power of the king is derived from the civil branch of his office, 987 How far the examples of Nations who have lost their Liberty are applicable to England, CHAPTER XVIII., 988-1005 The English Constitution will be destroyed, when its legislative power shall have become more corrupt than the executive, 988 Power of Rome became so great, that, after having conferred it, it was at length no longer able to resume it, 989 Rome destined to lose her liberty when she lost her empire, 990 Situation of the people of England essentially differs from that of the people of Rome, 990 In some states the active share, or the business of propounding, in legislation, is allotted to those persons who are invested with the executive authority, 995 The people, even where they are allowed a share in legislation, being ever passive in the exercise of it, cannot declare what the law in reality is, 995 Redress of grievances is the constitutional office of the representatives of the people, 996 DE LOLME-continued. Frequent confirmations of Magna Charta, 996, 997 Different parts of the English government mutually assist and support It is because the people share in the government through their repre- All the political passions of mankind are satisfied and provided for, in Nothing is more chimerical than a state either of total equality or total The sovereign should possess authority to protect the whole community, A class of men arise in every state, who, without having any actual A great body of men cannot act, without being, though they are not Advantage of a concentration of power, 1002 The English constitution secures not only the liberty, but the general The English constitution has maintained its principles against all civil The English government will be no more, when the crown becomes Thoughts on the Attempts that at particular times may be made to abridge Undue advantage may be taken of the minority or inexperience of the Popular discontents of long continuance in regard to certain particular Power under any form of government must exist and be intrusted some- King of England has an exclusive power in relation to foreign affairs, King of England can always deprive his ministers of their employ- Power is never so well repressed and regulated, as when it is confined From the indivisibility of the governing authority in England, a com- Constitutional evils, if bodies or classes of individuals were to acquire a The men who are now the ministers, would then set themselves above Pretensions of an equality of right in all subjects, to property and per- Wherever the people applied for servants, they would only meet with Caution requisite in laying new restraints on the governing authority, 1013 The constitution only exists by a discriminating line being drawn Whenever the prospect of personal power and independence from the Observations on the right of Taxation, which is lodged in the hands of the INDEX. INDEX. DE LOLME-continued. Evils from the crown being independent of parliament in pecuniary resources, 1015 The liberty of the subject might be invaded with impunity, 1015 If the crown could govern without the assistance of the commons, it would dismiss them for ever, 1016, 1017 King of England would be absolute were it not for the right of taxation, 1017 Right of granting subsidies to the crown, can only be effectual when it is exercised by one assembly alone, 1017 When a sovereign is made to depend, in regard to his supplies, on more assemblies than one, he, in fact, depends upon none, 1018 Sovereigns of England have always been kept in a state of real dependance on the representatives of the people for necessary supplies, 1018, 1019 Evils from the crown of England rendering itself independent from the commons for its supplies, 1020 National calamities might suggest methods for raising supplies, 1020 Foreign supplies might counterbalance the importance of the commons, 1022 Courtesy which is observed by the several branches of parliament Mode in which bills are rejected, 1025 Generality of the people preserve themselves more free from party spirit than their representatives, 1026 Dissatisfaction, in a free society, will be openly manifested by complaints, 1027 Agitation of the popular mind, animates all parts of the state, and is to be considered as the beneficial vicissitudes of the seasons, 1027, 1028 Political changes never occasion the shortest interruption of the power of the laws, 1028 If the highest powers in the state are subservient to the laws, a spirit of justice and order is thereby inculcated in the lower classes, 1028 Attention of the legislature in providing for the interests and welfare of the people, 1029 Constant tendency of the government to correct abuses and improve the laws, 1030 English liberty has been acquired by a fortunate conjunction of circumstances, 1031 Liberty has secured to herself an asylum against despotism on the one hand, and popular licentiousness on the other, 1032 NOTES, 1033-1139 Offences punishable with death, 1033, 1034 Felonies not capital, 1032-1081 Misdemeanors, 1081-1130 Analysis of crimes committed in 1837, p. 1130 Sentences passed in 1837, p. 1132 Accused persons who were committed or not prosecuted, in 1837, p. 1134 Result of the proceedings against offenders aged twelve years and under, Result of the proceedings against the offenders aged twelve years and under, with reference to their offences, in 1837, p. 1138 Degrees of instruction which the prisoners of 1836 and 1837 had received, DEMESNES OF THE KING-vide ANCIENT DEMESNE DENIZENS incapacitated from being members of parliament, 621 DESCENT in cases of freeholds, not of inheritance, exception in respect of, 543 DESERTION from the service of the British crown, 1110, 1111 DETAINER-vide HABEAS CORPUS DEVISE, when it confers the elective franchise, in cases of freehold not of inheritance, 543 As to possession, exemption in favour of, 543, 544 DICTATORS, power of, and which was sometimes useful, 850, 905, 908, 954, 955 DISQUALIFICATIONS-vide LEGISLATIVE ASSEMBLIES From exercising the parliamentary elective franchise, 541, 565 From being elected, or from acting when elected, as a member of parlia- DISSENTERS-vide CHARLES I. and II., JAMES I. and II., and WILLIAM DISSOLUTION OF PARLIAMENT-vide LEGISLATIVE ASSEMBLIES Its effects, 534 Easily effected by the crown, 949 DIVIDEND WARRANT, forgery of, 1045, 1046, 1047, 1069 DIVISIONS of counties and boroughs into districts for polling at parliamentary DOMESDAY, motives which actuated William I., in compilation of, 30, 31 31 Manner in which the inquisition was taken, 31 Mode in which the returns were entered, 32 Returns framed of greater length than were requisite, 32 Instances of purchases and mortgages, 32 Owners not oppressed for the formation of the valuation, 32 Number of places described in, as boroughs, 33 Burgesship did not depend on tenure, 33 Those who paid scot and lot alone entitled to the borough privileges, 33 Non-residents had no local borough rights, 34 Castles and merchant guilds distinct from boroughs, 34 Reeves and pledges mentioned in, 34 Privileges exclusively granted to the burgesses, 34 DOWER, husbands of tenants in, have a right to exercise the parliamentary elective franchise, 543 Freehold coming in right of, exemptions in favour of, 543 DWELLING-HOUSE-vide BURGLARY-CRIMINAL LAW ECCLESIASTICAL COMMISSIONS-vide REFORMATION Jurisdiction and abuses of, temp. Henry VIII. and Edward VI., 206, Commissions issued by Elizabeth and James II., 294, 296, 465, 466 INDEX. |