some years. Under conditions of secrecy, usage grows in a very short time indeed. The course of business in the Cabinet to-day is a secret; but it is beginning to be openly known that decisions are, at any rate in some cases, taken by something like a vote. A modern Smith might lay this down as a rule; but how long the rule had been in process of formation would remain entirely uncertain. A positive rule laid down, in such circumstances, as true for 1564, concludes nothing as to 1524. If the practice of deciding the most important matters by a bare majority had indeed been long established, whence was it derived? Not, as we have seen, from the rules in force with regard to corporations, juries, or the assemblies of magnates. A remaining source of imitation might have been the Church. It will be useful to examine the practice of the Church in this matter, as it has been put forward by Redlich as an obvious precedent of which Parliament could readily avail itself. As we have seen, Pollock and Maitland tell us that the Canon Law avoided the fallacy that a bare majority has any natural title to represent the will of the whole body. The 'pars sanior,' with its superior sanity allowed by the superior authority, prevails, though its numbers may sometimes be regarded as an index to its wisdom. The decrees of the Synod of Elvira (A.D. 305) all commence with the words 'Episcopi universi dixerunt' (Héfélé, Conciles,' i, 131). At the better-known Council of Nicaea (A.D. 325), Socrates informs us that there were only five dissentients to the Nicene Creed out of hundreds present. Three of these gave in, and two alone remained to be anathematised. The Council came to a decision as to the date of celebrating Easter; the resolution was not erected into a canon, and Héfélé (p. 320) suggests that this was because it was nothing like unanimous. The fourth canon seems to require the unanimous consent of the comprovincials to the election of a bishop. A very important canon is the sixth: If a person is elected bishop by all, after due consideration and in conformity with the canon, if two or three oppose the election out of a pure spirit of contradiction, the majority shall carry the day' (κρατείτω ἡ τῶν πλειόνων ψῆφος). At the Synod of Tyre (A.D. 335), which was packed with Eusebians, Athanasius withdrew with his party, saying, 'It is well known that the decrees of one party have not the force of law a good motto for constitutionalists (Apol. c. Arianos, c. 82). So, at the Synod of Milan (A.D. 355), Eusebius of Vercelli, Dionysius of Milan, and Lucifer of Calaris dissented from the condemnation of Athanasius, pronounced, under pressure from Constantius, by 300 bishops, mainly Western. At the Synod of Rimini (A.D. 359) the Arian party and the Athanasian majority communicated separately with the Emperor; and, under pressure from him, the latter gave way. Twenty out of 320 alone remained irreconcilable to the Imperial compromise. The threat of exile did not move them; the Imperial legate had recourse to entreaties and tears. Their colleagues who had signed, friends and opponents alike, were all detained in the depth of winter at Rimini. Finally the dissentients secured the formal anathematisation of Arius as an integral part of the decision of the Synod (Héfélé, ii, 92). At the simultaneous Eastern Synod of Seleucia, the semi-Arian majority of 150 was faced by a composite minority of some 50 Arians, who also prevailed through Imperial support. In the Council of Chalcedon (A.D. 451) some 600 bishops were present. There was a general subscription of a formula drawn up by Pope Leo. Thirteen bishops from Egypt refused to sign, knowing that life in Egypt would be unendurable were they to do so without the consent of an archbishop of Alexandria. A dozen men,' observed the papal legate, 'must not be allowed to render nugatory a synod of six hundred'; but the conclusion drawn was, not that the dozen could be ignored, but that they must be converted. The Fifth and Sixth Ecumenical Councils were unanimous (Héfélé, iv, 164); and so, it seems, were those that followed them in early times. The first modern instance of anything like a majority in the Councils of the Church was at Pisa in 1409. Two rival popes were deposed; and the Council had to consider whether cardinals appointed by those persons should be admitted to vote in the election of a new one. Some of the French bishops objected, but the majority overcame their opposition-unfortunately we are not told how. We see here traces of the national grouping in Councils which soon attained expression in the system of voting by 'nations.' At the Council of Constance in 1414 this method was adopted in order to neutralise the numerical preponderance of the Italian bishops and doctors. But how was it imposed on the Italians? They alone counted nearly half the membership of the Council. Here again we have no clue. It may have been by the threat of secession, or by the personal influence of Charles V. At Pavia in 1423 each nation appointed delegates by the voice of the melior et sanior pars.' In 1424 the president of the French 'nation' had only a majority of nine. At Basel, in 1437, a question arose as to whether a Council to treat of union with the Greek Church should be held in Savoy or in Italy. Majority and minority published different decisions, read them in each other's faces, and sang rival Te Deums (ib. xi, 363). The majority pointed proudly to its numbers, the minority to its reasonableness. The cardinal who had the custody of the seal would not affix it to either resolution. The consequence-after several days' deadlockwas a unanimous reference to two arbitrators and an umpire, the Bishop of Burgos. The majority decree was selected by them for signature. But the Archbishop of Tarentum with four accomplices gained possession of the seal, and sealed the minority decision. The Pope (Eugene) confirmed the minority decree. The Council summoned him to appear before them; but, although they alleged every possible cause of complaint, they do not appear to have taken exception to this act of his. Curiously, they seem to have been unanimous in condemning him; perhaps the minority, whose decree he had 'sealed into authenticity,' had seceded. Meantime, the ambassadors of the minority and the Pope arrived at Constantinople to treat with the Greeks. They said candidly that they were the 'pars minor,' but nevertheless that it was the 'pars sanior,' and was rapidly increasing. The Greek Emperor accepted their version in preference to that of the delegates of the majority when they in their turn arrived. The Council of Ferrara, immediately convened by the Pope, came to the striking resolution to adopt a twothirds majority as alone conclusive. Not only so, but the Council sat in three orders-bishops, abbots, and to hear of majority tests U Nicæa, a thousand T note) it was decite # general question if at rens HT SEMI 'Filioque clance FF THEILU used for more serine Tause T sions had failed a mate = A fentent. with regard to the decree in the Lunar War three prelates, incinding he sits opposed it. And it caused endless tips be is Th were 'points of doctrine and returner As regards the procedure in such as cathedral chapters we int Decretals, A.D. 1234. r of the decisions of the Lateran Comel 'Cum in cunctis ecclesiis, quod pizzbus et auris intrins visum fuerit, incunctanter debeat ccservin e lll eû Jurien, Hist. of the Council of Trent. p. 14. According to Gibert (C.LC., 175, 1, 9, at Constance in 1415 the Spaniards challenged the right of the English to a whole rute, and thought a half-vote adequate to their numbers. It was proposed altematively to revert to the system of counting by heads, but the English insisted on following the example of the Teraelites, who voted by tribes, and also that of the religious orders, which by provinces and district which soon attained expression in the system of voting by 'nations.' At the Council of Constance in 1414 this method was adopted in order to neutralise the numerical preponderance of the Italian bishops and doctors. But how was it imposed on the Italians? They alone counted nearly half the membership of the Council. Here again we have no clue. It may have been by the threat of secession, or by the personal influence of Charles V. At Pavia in 1423 each nation appointed delegates by the voice of the 'melior et sanior pars.' In 1424 the president of the French 'nation' had only a majority of nine. At Basel, in 1437, a question arose as to whether a Council to treat of union with the Greek Church should be held in Savoy or in Italy. Majority and minority published different decisions, read them in each other's faces, and sang rival Te Deums (ib. xi, 363). The majority pointed proudly to its numbers, the minority to its reasonableness. The cardinal who had the custody of the seal would not affix it to either resolution. The consequence-after several days' deadlockwas a unanimous reference to two arbitrators and an umpire, the Bishop of Burgos. The majority decree was selected by them for signature. But the Archbishop of Tarentum with four accomplices gained possession of the seal, and sealed the minority decision. The Pope (Eugene) confirmed the minority decree. The Council summoned him to appear before them; but, although they alleged every possible cause of complaint, they do not appear to have taken exception to this act of his. Curiously, they seem to have been unanimous in condemning him; perhaps the minority, whose decree he had sealed into authenticity,' had seceded. Meantime, the ambassadors of the minority and the Pope arrived at Constantinople to treat with the Greeks. They said candidly that they were the 'pars minor,' but nevertheless that it was the 'pars sanior,' and was rapidly increasing. The Greek Emperor accepted their version in preference to that of the delegates of the majority when they in their turn arrived. The Council of Ferrara, immediately convened by the Pope, came to the striking resolution to adopt a twothirds majority as alone conclusive. Not only so, but the Council sat in three orders-bishops, abbots, and |