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
through the circumstances of most European countries, partly through
the growth of humanity and civilization, the hateful institution has,
during a few centuries past, gradually disappeared from a certain
portion of the earth’s surface. And we must not forget that, in many
states of society, the doom of slavery may have been thankfully
received as an alleviation of his lot by the man whose life was
forfeited either as a prisoner in merciless warfare or as a wrong-doer
sentenced for his crimes(16). But I mention the existence of slavery
only that we may remember that when we speak of freedom, freeman,
democracy, and the like, we are after all speaking of the rights of
a privileged class—that, whether in Athens, in Rome, or in the early
Teutonic communities, there was always a large mass of human beings
who had no share in the freedom, the victory, or the glory of their
masters. We are now more closely concerned with those distinctions
which, from the earliest times, we find among the freemen themselves.
In the Germany of Tacitus, as at this day in the democratic Cantons,
the sovereign power is vested in the whole people, acting directly in
their own persons. But if the sovereignty of the popular Assembly is
plainly set before us, we have also no less plainly set before us the
existence of a Council smaller than the popular Assembly, and also
the existence of a class of nobles, the nature and extent of whose
privileges is not very well defined, but who clearly had privileges
of some kind or other, and whose privileges passed on by hereditary
descent. Here we have an aristocratic element as distinctly marked as
the democratic element which is supplied by the popular Assembly. And
at the head of all we see personal chiefs of tribes and nations, chiefs
bearing different titles, Kings, Dukes, or Ealdormen, who in most cases
drew their title to rule from an union of birth and election, rulers
whom the nation chose and whom the nation could depose, but who still
were the personal leaders of the nation, its highest magistrates in
peace, its highest leaders in war. Here then, besides the democratic
and the aristocratic elements, we have a distinct monarchic element
standing out clearly in our earliest glimpses of Teutonic political
life. King, Lords, and Commons, in their present shapes, are something
comparatively recent, but we may see something which may fairly pass as
the germ of King, Lords, and Commons, from the very beginning of our
history.
Public-domain text, read in full here on John Shaqi.
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