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These distinctions till nearly the middle of the nineteenth century produced a kind of disunion among the Swiss people which in 1914 seems almost incredible . Pakenham brought covenant as heir of the covenantee against a prior , for breach of a covenant made by the defendant 's predecessor with the plaintiff 's great - grandfather , that the prior and convent should sing every week in a chapel in his manor , for him and his servants . In a case where a testator owned a rent , and divided it by will among his sons , and then one of the sons brought debt for his part , two of the judges , while admitting that the testator could not have divided the tenant 's liability by a grant or deed in his lifetime , thought that it was otherwise with regard to a division by will . We should call it a contract , but it probably presented itself to the mind of Glanvill 's predecessors simply as a duty or obligation attached by law to a transaction which was directed to a different point ; just as the liability of a bailee , which is now treated as arising from his undertaking , was originally raised by the law out of the position in which he stood toward third persons . Empire , may by federalists be put down to the credit of federal government , though in matter of fact no two constitutions can , either in their details or in their spirit , bear less real resemblance than the democratic and , on the whole , unmilitary constitution of the United States and the autocratic Imperial and , above all , military government of Germany . Meanwhile it is certain that understandings are not laws , and that no system of conventionalism will explain the whole nature of constitutional law , if indeed " constitutional law " be in strictness law at all . From each class he may learn much , but for reasons which I am about to lay before you for consideration , he is liable to be led by each class of authors somewhat astray in his attempt to ascertain the field of his labours and the mode of working it ; he will find , unless he can obtain some clue to guide his steps , that the whole province of so-called " constitutional law " is a sort of maze in which the wanderer is perplexed by unreality , by antiquarianism , and by conventionalism . He would have no career path ahead of him to influence his decisions , and he would be shielded from personal liability for taxes and other claims that might be used to impair his judicial independence . the dictum that " liability to taxation involves the right to representation , " do verbally cover a woman 's claim to a parliamentary vote . Thus to say that the King appoints the Ministry is untrue ; it is also , of course , untrue to say that he creates courts of justice ; but these two untrue statements each bear a very different relation to actual facts .