The Government of England (Vol. I) doc

Government of England (Vol. I), by A. Lawrence
Lowell
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Title: The Government of England (Vol. I)
Author: A. Lawrence Lowell
Release Date: November 28, 2010 [EBook #34471]
Language: English
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Transcriber's Notes: Words in italics in the original are surrounded by underscores. Words in bold are
surrounded by =equal signs=. Variations in spelling and hyphenation remain as in the original. Ellipses match
the original. A complete list of typographical corrections follows the text.
Government of England (Vol. I), by A. Lawrence Lowell 1
THE
GOVERNMENT OF ENGLAND
VOLUME I
THE MACMILLAN COMPANY NEW YORK · BOSTON · CHICAGO ATLANTA · SAN FRANCISCO
MACMILLAN & CO., LIMITED LONDON · BOMBAY · CALCUTTA MELBOURNE
THE MACMILLAN CO. OF CANADA, LTD. TORONTO
THE
GOVERNMENT OF ENGLAND
BY
A. LAWRENCE LOWELL
PROFESSOR OF THE SCIENCE OF GOVERNMENT IN HARVARD UNIVERSITY
VOLUME I
New York THE MACMILLAN COMPANY 1908

All rights reserved
COPYRIGHT, 1908, BY A. LAWRENCE LOWELL.
Set up and electrotyped. Published May, 1908. Reprinted June, 1908.
Norwood Press J. S. Cushing Co Berwick & Smith Co. Norwood, Mass., U.S.A.
PREFACE
Measured by the standards of duration, absence of violent commotions, maintenance of law and order, general
prosperity and contentment of the people, and by the extent of its influence on the institutions and political
thought of other lands, the English government has been one of the most remarkable the world has ever
known. An attempt, therefore, to study it at any salient epoch cannot be valueless; and the present is a salient
epoch, for the nation has now enjoyed something very near to manhood suffrage in the boroughs for forty
years, and throughout the country more than twenty years, a period long enough for democracy to produce its
primary if not its ultimate effects. Moreover, England has one of the most interesting of popular governments,
because it has had a free development, little hampered by rigid constitutional devices. It is an organism
constantly adapting itself to its environment, and hence in full harmony with national conditions. An
endeavour has been made in these volumes to portray the present form of that organism and the forces which
maintain its equilibrium.
In preparing a study of this kind one feels the need of limiting its scope, by reducing the denominator as
Arthur Helps remarked. Hence the work covers only the English government as it stands to-day; and further,
only those institutions, national and local, that have a general bearing. The British Constitution is full of
Government of England (Vol. I), by A. Lawrence Lowell 2
exceptions, of local customs and special acts with which town clerks must be familiar. They fill the path of
these men with pitfalls, but they do not affect seriously the general principles of the government, and no
attempt is made to describe them here. Even the institutions of Scotland and Ireland, interesting as they are in
themselves, have been referred to only so far as they relate to the national government or throw light upon its
working.
Even so limited, the subject is not without difficulties. The forces to be studied do not lie upon the surface,
and some of them are not described in any document or found in any treatise. They can be learned only from
men connected with the machinery of public life. A student must, therefore, rely largely upon conversations
which he can use but cannot cite as authorities, and the soundness of his conclusions must be measured less by
his references in footnotes than by the judgment of the small portion of the public that knows at first-hand the

things whereof he speaks. The precise effect of the various forces at work must be a matter of opinion on
which well-informed people may differ, and the writer has drawn the picture as it appeared to him.
To undertake a study of this kind would be impossible without manifold assistance from others; and the writer
is glad of this chance to express his sense of obligation to the many persons who have given him help and
information, men in public life belonging to different parties, permanent officials, national and local, officers
of political associations, jurists, publicists and many others. It is pleasant for him to recall the constant
courtesy with which he was treated, not infrequently, in the case of local officers, without any introduction or
claim of any kind. Among many men to whom he owes much he desires to acknowledge his debt to Rt. Hon.
Joseph Chamberlain, Lord Fitzmaurice, Rt. Hon. John Morley, the late Sir William Harcourt, Lord Reay, Mr.
Frederic Harrison, Sir William James Farrer, Sir Alexander Hargreaves Brown, Sir Frederick Pollock, Sir C.
P. Lucas, Sir Horace Plunkett, Mr. Sidney Webb, Mr. Graham Wallas, Dr. William Cunningham, Mr. Francis
W. Hirst, the late Capt. R. W. E. Middleton, Mr. A. E. Southall of the National Union of Conservative
Associations and Mr. Charles Geake of the Liberal Publication Department.
His thanks are especially due to Professor A. V. Dicey, Sir Courtenay Ilbert, Professor H. Morse Stephens,
now of the University of California, and Professor W. B. Munro of Harvard University, who, besides giving
him information, have kindly read a part of the manuscript or proof sheets and made many valuable
suggestions. Above all he feels the deepest gratitude to Rt. Hon. James Bryce, now happily British
ambassador to the United States, the master and guide of all students of modern political systems, whose
unwearied assistance, counsel and encouragement have been a constant help throughout the preparation of this
work, and who has read the whole of the proof sheets except the chapters that deal with the Empire. These
friends have made the writing of the book possible, and saved the author from many blunders. It is needless to
say that none of them are in any way responsible for any opinions in these pages; and in fact the writer has
tried not to express, and so far as possible not to form, opinions on matters of current party politics.
The writer is indebted also to a number of his students at Harvard, who have made researches in several
different subjects. While some of the more important of these contributions have been referred to in the notes,
it has been impossible to do this in all cases. Finally he desires to acknowledge the help he has received in his
investigations from three assistants: Mr. Emerson David Fite, now of Yale University, Mr. Robert Lee Hale,
now of the Harvard Law School, and Mr. Thomas N. Hoover of the Harvard Graduate School, the last of these
having also verified the citations and prepared the index.
APRIL, 1908.

TABLE OF CONTENTS
VOLUME I PAGE INTRODUCTORY NOTE ON THE CONSTITUTION 1
PART I THE CENTRAL GOVERNMENT
Government of England (Vol. I), by A. Lawrence Lowell 3
CHAPTER I
THE CROWN 16
CHAPTER I 4
CHAPTER II
THE CROWN AND THE CABINET 27
CHAPTER II 5
CHAPTER III
THE CABINET AND THE MINISTERS 53
CHAPTER III 6
CHAPTER IV
THE EXECUTIVE DEPARTMENTS 81
CHAPTER IV 7
CHAPTER V
THE TREASURY 115
CHAPTER V 8
CHAPTER VI
MISCELLANEOUS OFFICES 131
CHAPTER VI 9
CHAPTER VII
THE PERMANENT CIVIL SERVICE 145
CHAPTER VII 10
CHAPTER VIII
THE MINISTERS AND THE CIVIL SERVICE 173
CHAPTER VIII 11
CHAPTER IX
THE HOUSE OF COMMONS CONSTITUENCIES AND VOTERS 195

CHAPTER IX 12
CHAPTER X
THE HOUSE OF COMMONS ELECTORAL PROCEDURE 219
CHAPTER X 13
CHAPTER XI
THE HOUSE OF COMMONS DISQUALIFICATIONS, PRIVILEGE, SESSIONS 239
CHAPTER XI 14
CHAPTER XII
PROCEDURE IN THE HOUSE OF COMMONS THE HOUSE, ITS RULES AND OFFICERS 248
CHAPTER XII 15
CHAPTER XIII
PROCEDURE IN THE HOUSE OF COMMONS COMMITTEES AND PUBLIC BILLS 264
CHAPTER XIII 16
CHAPTER XIV
PROCEDURE IN THE HOUSE OF COMMONS MONEY BILLS AND ACCOUNTS 279
CHAPTER XIV 17
CHAPTER XV
PROCEDURE IN THE HOUSE OF COMMONS CLOSURE 292
CHAPTER XV 18
CHAPTER XVI
PROCEDURE IN THE HOUSE OF COMMONS SITTINGS AND ORDER OF BUSINESS 302
CHAPTER XVI 19
CHAPTER XVII
THE CABINET'S CONTROL OF THE COMMONS 309
CHAPTER XVII 20
CHAPTER XVIII
THE COMMONS' CONTROL OF THE CABINET 327
CHAPTER XVIII 21
CHAPTER XIX
THE FORM AND CONTENTS OF STATUTES 356

CHAPTER XIX 22
CHAPTER XX
PRIVATE BILL LEGISLATION 367
CHAPTER XX 23
CHAPTER XXI
THE HOUSE OF LORDS 394
CHAPTER XXI 24
CHAPTER XXII
THE CABINET AND THE HOUSE OF LORDS 405
CHAPTER XXII 25