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
like all other Teutonic Kings, were anything but absolute rulers; the
nation chose them and the nation could depose them; they could do no
important act in peace or war without the national assent; yet still
the King, as the King, was felt to hold a rank differing in kind from
the rank held by the highest of his subjects. Perhaps the distinction
mainly consisted in a certain religious sentiment which attached
to the person of the King, and did not attach to the person of any
inferior chief. In heathen times, the Kings traced up their descent
to the Gods whom the nation worshipped; in Christian times, they were
distinguished from lesser rulers by being admitted to their office
with ecclesiastical ceremonies; the chosen of the people became also
the Anointed of the Lord. The distinction between Kings and rulers of
any other kind is strictly immemorial; it is as old as anything that
we know of the political institutions of our race. The distinction is
clearly marked in the description which I read to you from Tacitus. He
distinguishes in a marked way _Reges_ and _Duces_, Kings and Leaders;
Kings whose claim to rule rested on their birth, and leaders whose
claim to rule rested on their personal merit. But from the same writer
we learn that, though the distinction was so early established and so
well understood, it still was not universal among all the branches of
the Teutonic race. Of the German nations described by Tacitus, some,
he expressly tells us, were governed by Kings, while others were
not(32). That is to say, each tribe or district had its own chief, its
magistrate in peace and its leader in war, but the whole nation was
not united under any one chief who had any claim to the special and
mysterious privileges of kingship. That is to say, though we hear of
kingship as far back as our accounts will carry us, yet kingship was
not the oldest form of government among the Teutonic tribes. The King
and his Kingdom came into being by the union of several distinct tribes
or districts, which already existed under distinct leaders of their
own, and in our own early history we can mark with great clearness the
date and circumstances of the introduction of kingship. We should be
well pleased to know what were the exact Teutonic words which Tacitus
expressed by the Latin equivalents _Rex_ and _Dux_. As for the latter
at least, we can make a fair guess. The Teutonic chief who was not a
King bore the title of _Ealdorman_ in peace and of _Heretoga_ in war.
The former title needs no explanation. It still lives on among us,
though with somewhat less than its ancient dignity. The other title
of _Heretoga_, army-leader, exactly answering to the Latin _Dux_, has
dropped out of our own language, but it survives in High-German under
the form of _Herzog_, which is familiarly and correctly translated
by _Duke_(33). The _Duces_ of Tacitus, there can be no doubt, were
_Ealdormen_ or _Heretogan_. It is less clear what the title was which
he intended by _Rex_.
Public-domain text, read in full here on John Shaqi.
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