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
I will even go a step further. The Constitution which I have just
sketched is indeed the common possession of the Teutonic race, but it
is something more. We should perhaps not be wrong if we were to call
it a common possession of the whole Aryan family of mankind. It is
possible that we may even find traces of it beyond the bounds of the
Aryan family(17). But I will put speculations like these aside. It is
enough for me that the Constitution which was the common heritage of
the Teutonic race, was an heritage which the Teuton shared with his
kinsfolk in Greece and Italy. Turn to the earliest records of European
civilization. In the Homeric poems we see a constitution, essentially
the same as that which is set before us in the Germany of Tacitus,
established alike in the Achaian camp before Ilios, in the island
realm of Ithakê, and even among the Gods on Olympos. Zeus is the King
of all; but he has around him his Council of the greater Gods, and
there are times when he summons to his court the whole Assembly of the
Divine nation, when Gods of all ranks gather together in the court of
their chief, when, save old Ocean himself, even all the River-gods were
there, and when we are specially told—a fact which might perhaps be
pressed into the service of very recent controversies—that not one of
the Nymphs stayed away(18). If we come down to earth, we find the King
of Men as the common leader of all, but we find him surrounded by his
inner Council of lesser princes and captains. And on great occasions,
Agamemnôn on earth, like Zeus in heaven, gathers together the general
Assembly of freeborn warriors, an assembly in which, if debate was
mainly confined to a few eloquent leaders, the common freeman, the
undistinguished citizen and soldier, had at least the right of speaking
his mind as to the proposals of his chiefs, by loud applause or by
emphatic silence(19). Nor is this picture confined to the host in
battle array beneath the walls of Ilios; we must remember that in
all early societies the distinction between soldier and civilian is
unknown; the army is the nation, and the nation is the army. The same
picture which the Iliad sets before us as the constitution of the
Achaian army is set before us in the glimpses of more peaceful life
which we find in the Odyssey as being no less the constitution of
every Hellenic commonwealth on its own soil. Everywhere we find the
same three elements, the supreme leader or King, the lesser chiefs who
form his Council, and the final authority of all, the general Assembly
of the freemen(20). We see the same in every glimpse which history
or legend gives us of the political state of Rome and the other old
Italian commonwealths(21). Everywhere we find the King, the Senate,
the Assembly of the people, and the distribution of powers is not
essentially changed when the highest personal authority is transferred
from the hands of a King chosen for life to the hands of Consuls
chosen for a year(22).
Public-domain text, read in full here on John Shaqi.
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