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
The likeness between the earliest political
institutions of the Greek, the Italian, and the Teuton is so close,
so striking in every detail, that we can hardly fail to see in it
possession handed on from the earliest times, a possession which Greek,
Italian, and Teuton already had in the days before the separation, in
those unrecorded but still authentic times when Greek, Italian, and
Teuton were still a single people speaking a single tongue.
I have referred more than once to the picture of our race in its
earliest recorded times, as set before us by the greatest of Roman
historians in the Germany of Tacitus. Let me now set before you some
special points of his description in his own words as well as I am able
to clothe them in an English dress(23).
“They choose their Kings on account of their nobility, their leaders on
account of their valour. Nor have the Kings an unbounded or arbitrary
power, and the leaders rule rather by their example than by the right
of command; if they are ready, if they are foreward, if they are
foremost in leading the van, they hold the first place in honour....
On smaller matters the chiefs debate, on greater matters all men; but
so that those things whose final decision rests with the whole people
are first handled by the chiefs.... The multitude sits armed in such
order as it thinks good; silence is proclaimed by the priests, who have
also the right of enforcing it. Presently the King or chief, according
to the age of each, according to his birth, according to his glory in
war or his eloquence, is listened to, speaking rather by the influence
of persuasion than by the power of commanding. If their opinions give
offence, they are thrust aside with a shout; if they are approved, the
hearers clash their spears. It is held to be the most honourable kind
of applause to use their weapons to signify approval. It is lawful also
in the assembly to bring matters for trial and to bring charges of
capital crimes.... In the same assembly chiefs are chosen to administer
justice through the districts and villages. Each chief in so doing has
a hundred companions of the commons assigned to him, as at once his
counsellors and his authority. Moreover they do no matter of business,
public or private, except in arms.”
Public-domain text, read in full here on John Shaqi.
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