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Here we are in the midst of unrealities or fictions . 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 . It will be remembered that one of the Roman jurists said that a legatarius ( legatee or devisee ) was in a certain sense quasi heres . The Sultan gets such obedience as he can . " / 2 / But when particular land was bound , the warranty went with it , even into the hands of the King , because , as Bracton says , the thing goes with its burden to every one . But here we come across the difficulty of amending a Bill under the Parliament Act after it had once been sent up in the third session to the House of Lords . It is further noticeable that in 1785 the power to create Parliamentary boroughs was still looked upon as in theory an existing prerogative of the Crown . / 3 / The case of the lord taking by escheat has been doubted , / 4 / and it will be remembered that there is a difference between Bracton and later authors as to whether he comes in as quasi heres or as a stranger . No more does it seem the services are here appendant to the manor . In furtherance of this design I have not only emphasised the doctrines ( such , for example , as the sovereignty of Parliament ) which are the foundation of the existing constitution , but have also constantly illustrated English constitutionalism by comparisons between it and the constitutionalism on the one hand of the United States , and on the other of the French Republic . But here we come to a further inquiry , to which our new federalists hardly seem to have given a thought : What are they going to do with the old Imperial Parliament which has , throughout the whole history of England , inherited the traditions and often exerted the reality of sovereign power ? And England , with the fervent consent of the people of every land subject to the rule of our King , has thus exchanged the prosperity of peace for the dangers and labours of war , not for the sake of acquiring new territory or of gaining additional military glory , for of these things she has enough and more than enough already , but for the sake of enforcing the plainest rules of international justice and the plainest dictates of common humanity . " / 1 / So it was said by Lord Ellenborough , in a case where a lessor and his heirs were entitled to terminate a lease on notice , that a devisee of the land as heres factus would be understood to have the same right .