The Growth of the English Constitution from the Earliest Times — John Shaqi
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
all England, not to an Assembly of all Deira, but to an Assembly of
Holderness or Cleveland. But in the old Teutonic system the greater
aggregate was simply organized after the model of the lesser elements
out of whose union it was formed. In fact, for the political unit,
for the atom which joined with its fellow atoms to form the political
whole, we must go to areas yet smaller than those of Holderness or
Uri. That unit, that atom, the true kernel of all our political life,
must be looked for in Switzerland in the _Gemeinde_ or _Commune_; in
England—smile not while I say it—in the parish vestry(12).
The primitive Teutonic constitution, the constitution of the Germans
of Tacitus, the constitution which has lingered on in a few remote
corners of the old German realm, is democratic, but it is not purely
democratic. Or rather it is democratic, purely democratic, in the
truer, older, and more honourable sense of that much maligned word;
it is not purely democratic in that less honourable, but purely
arbitrary, sense which is often put upon it in modern controversy.
Democracy, according to Periklês, is a government of the whole
people, as opposed to oligarchy, a government of only a part of the
people(13). A government which vests all power in any one class, a
government which shuts out any one class, whether that class be the
highest or the lowest, does not answer the definition of Periklês;
it is not a government of the whole but only of a part; it is not a
democracy but an oligarchy(14). Democracy, in the sense of Periklês,
demands that every freeman shall have a voice in the affairs of the
commonwealth; it does not necessarily demand that every freeman should
have an equal voice. It does not forbid the existence of magistrates
clothed with high authority and held in high reverence, nor does it
forbid respect for ancient birth or even an attachment to an hereditary
line of rulers. The older school of English constitutional writers
delighted to show that the English Constitution contained a monarchic,
an aristocratic, and a democratic element, the three being wrought
together in such true and harmonious proportion that we could enjoy
the good side of all the three great forms of government without ever
seeing the evil side of any of them. These worthy speculators were
perhaps a little Utopian in their theories; still there is no doubt
that, in every glimpse we get of old Teutonic politics, we see what we
may fairly call a monarchic, an aristocratic, and a democratic element.
Those earliest glimpses set before us three classes of men as found in
every Teutonic society, the noble, the common freeman, and the slave
(15). The existence of the slave, harshly as the name now grates on our
ears, is no special shame or blame to our own forefathers. Slavery, in
some shape or other, has unhappily been the common law of most nations
in most ages; it is a mere exception to the general rule that, partly
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