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
they reigned, she reigns also for the same ends, for the common good
of the nation of which the Law has made her the head. And we can
wish nothing better for her kingdom than that the Crown which she so
lawfully holds, which she has so worthily worn among two generations
of her people, she may, like Nestor of old, continue to wear amid the
well-deserved affection of a third(52).
NOTES.
CHAPTER I.
(1) What I say of Uri and the other democratic Cantons must not be
misunderstood, as if I all accepted the now exploded dreams which
made out the _Waldstädte_ or Forest Cantons to have had some special
origin, and some special independence, apart from the rest of Germany.
The researches of modern scholars have shown, not only that the
Forest Cantons were members of the Empire like their neighbours, but
that various lesser lords, spiritual and temporal, held different
rights within them. Their acquisition of perfect independence, even
their deliverance from other lords and promotion to the state of
_Reichsunmittelbarkeit_ or immediate dependence on the Empire, was a
work of time. Thus Uri itself, or part of it, was granted in 853 by
Lewis the German to the Abbey of Nuns (_Fraumünster_) in Zürich, and
it was not till 1231 that its independence of any lord but the Emperor
was formally acknowledged. But the universal supremacy of the Empire
in no way interfered with the internal constitution of any district,
city, or principality; nor was such interference necessarily implied
even in subjection to some intermediate lord. The rule of a female
monastery especially would be very light. And from the earliest times
we find both the men of Uri in general and the men of particular parts
of the district (_Gemeinden_, _Communes_, or parishes) spoken of as
communities capable of acting together, and even of treating with those
who claimed to be their masters. (“Nos inhabitantes Uroniam” appear in
a deed of 955 as capable of making an agreement with the officer of the
Abbey at Zürich.) All this is in no way peculiar to the Forest Cantons;
it is no more than what we find everywhere; what is peculiar is that,
whereas elsewhere the old local communities gradually died out, in the
Forest Cantons they lived and flourished, and gained new rights and
powers till they grew into absolutely independent commonwealths. I
think therefore that I have a right to speak of the democracy of Uri as
immemorial. It is not immemorial in its fully developed shape, but that
fully developed shape grew step by step out of earlier forms which are
strictly immemorial and common to the whole Teutonic race.
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