Page:The English Constitution (1894).djvu/292

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THE ENGLISH CONSTITUTION.

French Revolution bequeathed him. The originality once ascribed to his edifice was indeed untrue; Tocqueville and Lavergne have shown that he did but run up a conspicuous structure in imitation of a latent one before concealed by the mediæval complexities of the old régime. But what we are concerned with now is, not Napoleon's originality, but his work. He undoubtedly settled the administration of France upon an effective, consistent, and enduring system; the succeeding governments have but worked the mechanism they inherited from him. Frederick the Great did the same in the new monarchy of Prussia. Both the French system and the Prussian are new machines, made in civilised times to do their appropriate work.

The English offices have never, since they were made, been arranged with any reference to one another; or rather they were never made, but grew as each could. The sort of free trade which prevailed in public institutions in the English middle ages is very curious. Our three courts of law—the Queen's Bench, the Common Pleas, and the Exchequer—for the sake of the fees extended an originally contracted sphere into the entire sphere of litigation. Boni judicis est ampliare jurisdictionem, went the old saying; or, in English, “It is the mark of a good judge to augment the fees of his Court,” his own income, and the income of his subordinates. The central administration, the Treasury, never asked any account of the moneys the courts thus received; so long as it was not asked to pay anything, it was satisfied. Only last year one of the many remnants of this system cropped up, to