THE

Constitution of Engla.

OR

AN ACCOUNT

OF THE

ENGLISH GOVERNMENT;

IN WHICH IT IS COMPARED WITH THE

REPUBLICAN FORM OF GOVERNMENT,

AND OCCASIONALLY

WITH THE OTHER MONARCHIES IN EUROPE.

BY

J. L. DE LOLME, ADVOCATE,

CITIZEN OF GENEVA.

A NEW EDITION;

WITH NOTES AND ADDITIONS, BROUGHT DOWN TO THE PRESENT TIME.

Ponderibus librata suis.-

OVID. Met. L. I. 13.

London:

PRINTED AT THE REVIVED APOLLO PRESS,

BY JOHN BELL, PROPRIETOR OF THE WEEKLY MESSENGER, CORNER OF
CLARE-COURT, DRURY-LANE.

1814.

BODLEIA

3 FEB 195

LIBRARY

CONTENTS.

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BOOK I.

Paze

iii

INTRODUCTION

CHAP. I. Causes of the Liberty of the English Nation. Rea-

sons of the difference between the Government

of France and that of England. In England,

the great Power of the Crown, especially under

the first Norman Kings, created an Union be-

tween the Nobility and the People.................................

II. A second Advantage England had over France-it

formed one undivided State.......

III. The Subject continued........................................

IV. Of the Legislative Power ......

4

14

23

34

39

V. Of the Executive Power............

VI. The Boundaries which the Constitution has set to

the Royal Prerogative..............

VII. The same Subject continued.......

VIII. New Restrictions.....

41

44

47

IX. Of private Liberty, or the Liberty of Individuals... 55

X. On the Law in regard to Civil Matters, that is ob-

served in England...........................

62

XI. The Subject continued. The Courts of Equity..... 75

XII. Of Criminal Justice..........

85

XIII. The Subject continued....

93

XIV. The Subject concluded. Laws relative to Impri-

sonments...

BOOK II.

CHAP.Ì. Some Advantages peculiar to the English Consti-

tution. 1. The Unity of the Executive Power 107

II. The Subject concluded. The Executive Power is

more easily confined when it is one .................

HII. A second Peculiarity. The Division of the Legis-

lative Power.........

IV. A third Advantage peculiar to the English Govern-

ment. The Business of proposing Laws lodged

in the Hands of the People.

V. In which an Inquiry is made, whether it would be

an Advantage to public Liberty that the Laws

should be enacted by the Votes of the People at

large..........

.........

VI. Advantages that accrue to the People from appoint-

ing Representatives.......................

VII. The Subject continued. The Advantages that

accrue to the People from their appointing Re-

presentatives, are very inconsiderable, unless

they also entirely trust their Legislative Autho-

rity to them.............................................................................

VIII. The Subject concluded. Effects that have resulted,

in the English Government, from the People's

Power being completely delegated to their Re-

presentatives.......

IX. A farther Disadvantage of Republican Govern-

The People are necessarily betrayed

ments.

by those in whom they trust.......................................................................

X. Fundamental Difference between the English Go-

vernment and the Governments just described.

In England all Executive Authority is placed

out of the Hands of those in whom the People

trust.

117

119

125

131

145

148

Usefulness of the Power of the Crown.... 153

CHAP. XI, The Powers which the People themselves exer-

cise. The Election of Members of Parlia-

ment

XII. The Subject continued. Liberty of the Press........... 159

XIII. The Subject continued............................

XIV. Right of Resistance................................

166

XV. Proofs drawn from Facts of the Truth of the

Principles laid down in this Work. 1. The

peculiar Manner in which Revolutions have

always been concluded in England.......................................... 176

XVI. Second Difference. The Manner after which

the Laws for the Liberty of the Subject are

executed in England................................

XVII. A more inward View of the English Govern-

ment than has hitherto been offered to the

Reader. Total Difference between the Eng-

lish Monarchy, as a Monarchy, and all those

with which we are acquainted.............

186

209

XVIII. How far the Examples of Nations that have lost

their Liberty, are applicable to England...... 224

XIX. A few Thoughts on the Attempts that may, at

particular Times, be made to abridge the

Power of the Crown, and on some of the

Dangers by which such Attempts may be

XX. A few additional Thoughts on the Right of Tax-

ation, lodged in the Hands of the Represen-

tatives of the People. What kind of Danger

this Right may be exposed to....................... 244

XXI. Conclusion. A few Words on the Nature of the

Divisions that take place in England............ 252,