The two ideas are inseparable. Something will be
said of the United States later on, but it may here be
noted that the United States in one way resembles an
oriental empire. In the latter the sovereign body



SOME QUESTIONS OP SOVEREIGNTY. 15

does not legislate ; in the former the sovereign body
(if it exists) does not legislate either, but delegates its
legislative powers to subordinate bodies. Moreover,
in both cases, as we bave seen, it is doubtful whether
there really exists any truly sovereign body, though
the grounds of doubt are in each case different.
How it came about that legislative activity became
to be the most important mark of sovereignty is a
curious and interesting inquiry. Sir H. S. Maine
thinks that the process began with the Koman Empire,
which was the first great empire to legislate. With
the fall of the empire the Western World once more
relapsed into the old state of things, which was im-
mutable and monotonous. It was only by slow degrees
and faltering steps that legislation grew into an im-
portant part of sovereignty. It is the most notable
thing in the history of its development. The British
Parliament is an instance in point. It seems to have
been summoned by the kings in early times to impose
taxes in order to raise money to supply the king's
wants and provide for carrying on war. But legislation
(other than money Bills) was very scanty. Even the
Great Charter was deemed to be no enactment of new
laws, but only a declaration or reassertion of old laws
that had fallen into disuse. Gradually legislation
became more abundant, but it was not until the time
of Bentham that it received any great impetus.
