and 43 new boroughs were created, 22 of which return two members, and 21 one member each. With respect to the county franchise, the old forty-shilling freeholders were retained; except freeholders for life in certain cases, where the amount of yearly value required is 107. But three other great classes of voters were introduced. These were:— First, copyholders of 107. a year. Secondly, leaseholders, if lessees, or assignees, of a term of sixty years, of 107. yearly value; if of a term of twenty years, of 501. yearly value; and the sub-lessees or assignees of underleases, respectively, of the yearly value of 107. and 507., subject to conditions as to length of possession. Thirdly, occupying tenants, without reference to the length of time. for which the tenancy was created, but at a yearly rent of 507, and subject to a condition as to the length of time. during which the occupation has continued.* No condition of residence was imposed on county voters. In cities and boroughs some ancient rights were reserved, but subject to important restrictions as to residence. But the great feature of the Reform Act was the new household franchise which it introduced, and gave to 107. householders, subject, however, to conditions as to residence and payment of rates, and liable to be temporarily lost by the receipt of parish relief.

Such are substantially the provisions of the celebrated Reform Bill of 1832; the results of which have in many respects differed from those hoped and feared by its friends and its enemies; but the general effect of which has undoubtedly been to increase the proportion of political power in the hands of the middle classes of this country. And under the term "Middle Classes," it is here meant to in

* See Warren, p. 10.

350 RISE AND PROGRESS OF THE CONSTITUTION.

clude all those who are below the landed aristocracy, and above such artizans and labourers as depend solely on manual labour for subsistence. Without entering into the existing political questions which spring out of the present distribution of political power in this country, we may usefully close these discussions with some examination into the details of how it is actually distributed.

CHAPTER XVII.

Number of Population.-Distribution of Political Power. The Crown.-Number of Parliamentary Electors.-Education.-Property.-Exercise of Political Powers in matters not Parliamentary. -Local Self-Government.-Property Qualification.—Influence of Public Opinion.-Right of Free Discussion, and Liberty of the Press.

THE total number of the human beings living in England and Wales at the time of the last Census (March 31, 1851) was seventeen millions nine hundred and twentyseven thousand six hundred and nine.* The whole of this population enjoys full and equal protection by the law of the land; but our present object is to ascertain who enjoy active political rights, and in what degrees. In this investigation women and children are first to be excluded; and, therefore, in order to obtain the number of males of full age in the total population of nearly eighteen millions, we may follow the usual statistical rule, and divide by four, which will give, in round numbers, about four millions and a half as the number of Englishmen and Welshmen of mature age, who were

*See, for these numbers and the number of electors, the two valuable volumes lately published by the Census Commissioners,

and a parliamentary return ordered by the House of Commons, No. 106, 1853.

living in the land when the people were last numbered; and if we assume the present amount to be nearly the same (the difference being on the side of increase), our computation will be accurate enough for all practical political purposes.

In considering the various constitutional rights which are, or may be, exercised by the various members of these four millions and a half, we will follow the Aristotelian classification of the active functions of political government, which has been already cited and adopted in the first chapter of this work.*

First, we are to consider who participate directly or indirectly in legislation and deliberation for the commonweal; and we are to remember that in a State where no taxes can be levied, save by express law, the legislative function includes the taxing function. Next we must turn our attention to administrative duties; what are the offices and magistracies of the State? who are eligible to them, and how appointed? Thirdly, we must ascertain who take part in the dispensation of justice in criminal or in civil matters.

Before, however, we discuss these three classes of political functions separately, as regards the English people, we may properly observe that in each and all of them the Crown is supreme. The Queen is an essential constituent part of the imperial legislative power. The Queen calls parliament together, and can at her pleasure prorogue or dissolve it. In all matters of civil government, in all that relates to the inner life of the State, the Queen is the chief magistrate of the nation, and all other magistrates act by her commission. In all that

See p. 7, supra.

relates to the outer life of.the State, in its dealings with
other States, the Queen (to use the felicitious expression
of Mr. Warren),* is "the visible representative of the
majesty of the State." She has the sole prerogative of
making war or peace; it is in her name that all treaties
are concluded, and all international duties are performed.
The command of all the military and naval forces of
the State is hers also. In judicial matters the Queen is
regarded by the Constitution as the fountain of justice,
and she is over all
persons, and in all causes, as well
ecclesiastical as civil, in these her dominions, supreme."
But while thus we find royalty to be "the roof and
crown" of our Constitution in whatever aspect it is
regarded, we know also that the formal limitations, which
the ancient ordinances of the Constitution have imposed
on the free will and free power of individual sovereignty,
are many and strong; and (as we have already had
occasion to remark †) the practical limitations are
stronger still. The necessity of obtaining annual sup-
plies of money for the enormous expenses of the State,
and the necessity of an annual renewal of the Mutiny
Bill, in order to keep our military forces embodied, make
annual Sessions of Parliament inevitable. And, though
our Sovereigns are personally irresponsible, they must
rule through responsible advisers; and no minister can
carry on the affairs of the State without the sanction of
the constitutional representatives of the public, on whom
he is really dependent for his tenure of office. During
eight reigns there has not occurred (nor is it likely that

* Warren's "Blackstone," + See supra, p. 334. p. 204.

+