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It has been shown that a similar limitation of the benefits of the ancient [ 380 ] warranty was required by its earlier history before the assign was allowed to sue , and that the fiction by which he got that right could not extend it beyond that limit . The language commonly used , however , throws doubt and darkness over this and every other question connected with the subject . But wills of land were only exceptionally allowed by custom until the reign of Henry VIII ., and as the main doctrines of conveyancing had been settled long before that time , we must look further back and to other sources for their explanation . Its very authors contemplate its amendment before it shall begin to operate . The faith in Home Rule all round has been stimulated , if not mainly created , by the controversy , lasting for thirty years and more , over the policy of Home Rule for Ireland . These rules also deal with Ministers , with their responsibility , with their spheres of action , define the territory over which the sovereignty of the state extends and settle who are to be deemed subjects or citizens . My aim in this Introduction has been to place before my readers the strongest argument against and also the strongest argument in favour of the introduction of the referendum into the constitution of England . In this system , judges would not be paid as much as they are today , but more would be selected , and would serve for shorter terms , thus distributing the burden of judicial service over a larger number of citizens . I venture to assure all my readers that this forgetfulness of England and by England I here mean the country known , and famous , as England before the legal creation either of Great Britain or of the United Kingdom is a fashion opposed both to common sense and to common justice , and , like all opposition to the nature of things , will ultimately come to nothing . I have enjoyed the great advantage of his having read over the parts of my Introduction which refer to our Colonial Empire . Then , too , it is thought that whereas English statesmen find it difficult to regulate the relation between Great Britain and Ireland , the task will become easier if the same statesmen undertake to transform , by some hocus-pocus of political legerdemain , the whole United Kingdom into a federal government consisting of at least four different states . Our civil servants , indeed , are as yet not in any serious degree put beyond the control of the law Courts , but in certain instances , and notably with regard to many questions arising under the National Insurance Act , 1911 , something very like judicial powers have been given to officials closely connected with the Government.55 And it may not be an exaggeration to say that in some directions the law of England is being " officialised , " if the expression may be allowed , by statutes passed under the influence of socialistic ideas .