The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
And now I may be asked why I have begun a discourse on the constitution
of England with a picture of the doings of two small commonwealths
whose political and social state is so widely different from our own. I
answer that I have done so because my object is, not merely to speak of
the constitution of England in the shape which the changes of fourteen
hundred years have at last given it, but to trace back those successive
changes to the earliest times which either history or tradition sets
before us. In the institutions of Uri and Appenzell, and in others of
the Swiss Cantons which have never departed from the primæval model, we
may see the institutions of our own forefathers, the institutions which
were once common to the whole Teutonic race, institutions whose outward
form has necessarily passed away from greater states, but which contain
the germs out of which every free constitution in the world has grown.
Let us look back to the earliest picture which history can give us of
the political and social being of our own forefathers. In the Germany
of Tacitus we have the picture of the institutions of the Teutonic race
before our branch of that race sailed from the mouths of the Elbe and
the Weser to seek new homes by the Humber and the Thames. There, in the
picture of our fathers and brethren seventeen hundred years back, the
free Teutonic Assembly, the armed Assembly of the whole people, is set
before us, well nigh the same, in every essential point, as it may
still be seen in Uri, Unterwalden, Glarus, and Appenzell. One point
however must be borne in mind. In the assemblies of those small Cantons
it is only the most democratic side of the old Teutonic constitution
which comes prominently into sight. The commonwealth of Uri, by the
peculiar circumstances of its history, grew into an independent and
sovereign state. But in its origin it was not a nation, it was not
even a tribe(10). The Landesgemeinden of which I have been speaking
are the Assemblies, not of a nation but of a district; they answer in
our own land, not to the Assemblies of the whole Kingdom, but to the
lesser Assemblies of the shire or the hundred. But they are not on
that account any the less worthy of our notice, they do not on that
account throw any the less light on that common political heritage
which belongs alike to Swabia and to England. In every Teutonic land
which still keeps any footsteps of its ancient institutions, the
local divisions are not simply administrative districts traced out
for convenience on the map. In fact, they are not divisions at all;
they are not divisions of the Kingdom, but the earlier elements out
of whose union the Kingdom grew. Yorkshire, by that name, is younger
than England, but Yorkshire, by its elder name of Deira, is older than
England(11). And Yorkshire or Deira itself is younger than the smaller
districts of which it is made up, Craven, Cleveland, Holderness, and
others. The Landesgemeinde of Uri answers, not to an Assembly of
Public-domain text, read in full here on John Shaqi.
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