I.  Europe.  605  35.  Großbritannien  und  Irland.

headed  a  party  of  barons  against  King  John  and  forced  him  to  sign  that  great  historical  document,
the  Magna  Charta.  (vide  p.  629).

By  its  29th  chapter  alone  it  establishes  “the  foundation  of  the  liberty  of  Englishmen’”!.
“Nullus  liber  homo  capiatur,  vel  imprisonetur,  aut  disseisiatur  de  libero  tenemento  suo  vel  libertetibus
  vel  liberis  consuetudinibus  suis,  aut  utlagetur,  aut  exulet,  aut  aliquo  modo  destruatur,  neo
super  eum  ibimus,  nec  super  eum  mittemus,  nisi  per  legale  judicium  parium  suorum  vel  per  legem
terre.  Nulli  vendemus,  nulli  negabimus,  aut  differemus  rectum  vel  justitiam.”

The  Great  Charter  commences  the  Statute-book  of  the  Realm,  and  is  the  Genesis  of  British
Liberty,  the  fundamental  assurance  of  our  political  freedom.  It  is  however  not  in  itself  oreative
of  English  liberty,  but  confirmatory.  It  is  a  collection  of  37  chapterse,  which  are  for  the  most
part  declaratory  of  our  ancient  and  cherished  customs,  supplying  however,  many  of  the  deficiencies
  of  the  Common  Law’”?.

“That  representation  is  a  condition  precedent  to  taxation,  and  that  the  law  is  the  same
for  all,  may  be  regarded  as  the  cardinal  principles  of  the  charter”?.

The  present  constitution  of  Parliament  dates  from  the  49th  Hen.  III.  From  1266,  writs
are  extant®.  Blackstone  says  “From  1066  till  1225  the  Lords  were  the  only  legislators”.

TheHouseof  Lordsconsistsof  Lords  Spiritual,  and  Lords  Temporal.  Thereare  26  Lords  Spiritual,
who  are:  the  Archbishops  of  Canterbury,  York,  andthe  Bishops  of  London,  Durham  and  Winchest
er,  and  21  others  who  have  held  their  bishopric  longest.  Spiritual  peersare  however  only  life  peere.

“The  lords  temporal  consist  of  all  the  peers  of  the  realm  (the  bishops  not  being  in  strictness
held  to  be  such,  but  merely  lords  of  parliament)  by  whatever  title  of  nobility  distinguished;;  dukes,
marquisses,  earls,  viscounts  or  barons  ....  .  Some  of  these  sit  by  descent,  as  do  all  ancient
peers;  some  by  creation,  as  do  all  new-made  ones;  others,  since  the  union  with  Scotland®,  by
election  which  is  the  case  of  the  sixteen  peers  who  represent  the  body  of  the  Scots  nobility.
Their  number  is  indefinite,  and  may  be  increased  at  will  by  the  power  of  the  crown’”®.

The  Upper  House  consists  at  present  (1909)  of  621  members  made  up  as  follows:

3  Princes  of  the  Blood  Royal
2  Archbishops’
29  Dukes
35  Marquises
164  Earls
45  Viscounte
24  Bishops®
271  Barons
16  Scotch  Representative  Peers’
28  Irish  Representative  Peers!?
4  Lords  of  Appeal!!

621  Total.

3  Blackstone,  vol.  III,  p.  424.

3  Wharton's  Law  Lexicon.  Vide  also:  De  Lolme,  “Constitutional  History”,  p.  277;
Sir  E.  Creasy,  “History  of  English  Constitution”  p.  129  et  seq.;  and  Hallam’s  "Middle
ages”’,  and  “Constitutional  History’.

®Anson,v.L,C  I,  p:  14  (1892  ed.).

*Blackstone,  TI,  19.

s  Ireland  has  28  representative  Peers  since  the  Union  in  1801;  but  there  are  Scotch  and
Irish  Peers  who  sit  by  virtue  of  title.

®  Blackstone,  I,  155.

?  Elected  for  life.

®  Elected  for  life.

®  Elected  for  each  Parliament.

#  Elected  for  life.

1!  The  last  appeal  possible  in  England  is  to  the  House  of  Lords.  The  four  Lords  of  Appeal
in  Ordinary  together  with  the  Lord  High  Chancellor  form  the  real  court  of  appeal,  and  they  act
a8  juristic  advisors  to  the  Lords.  The  Lords  of  Appeal  are  life  peers  only.