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
(6) Some years ago I went through all the elections to the _Bundesrath_
or Executive Council in Switzerland, and found that in eighteen years
it had only twice happened that a member of the Council seeking
reelection had failed to obtain it. I therefore think that I was
right in congratulating a member of the Federal Council, whom I had the
pleasure of meeting last year, on being a member of the most permanent
government in Europe.
(7) Under the so-called Helvetic Republic of 1798, the Cantons ceased
to be sovereign States, and became mere divisions, like counties or
departments. One of the earliest provisions of this constitution
abolishes the ancient democracies of the Forest Cantons. “Die
Regierungsform, wenn sie auch sollte verändert werden, soll allezeit
eine repräsentative Demokratie sein.” (See the text in Bluntschli, ii.
305.) The “repräsentative Demokratie” thus forced on these ancient
commonwealths by the sham democrats of Paris was meant to exclude the
pure democracy of Athens and Uri.
The Federal system was in some sort restored by the Act of Mediation
(_Vermittlungsakte_) of Napoleon Buonaparte, when First Consul in 1803.
See the text in Bluntschli, ii. 322.
(8) Appenzell, though its history had long been connected with that
of the Confederates, was not actually admitted as a Canton till
December 1513, being the youngest of the thirteen Cantons which
formed the Confederation down to 1798. See Zellweger, _Geschichte des
Appenzellischen Volkes_, ii. 366, and the text in his _Urkunden_,
ii. part 2, p. 481, or in the older _Appenzeller Chronick_ of
Walser (Saint Gallen, 1740), 410, and the Act in his _Anhang_, p.
18. The frontispiece of this volume contains a lively picture of
a _Landesgemeinde_. In 1597 the Canton was divided into the two
Half-cantons of _Ausser-Rhoden_, Protestant, and _Inner-Rhoden_,
Catholic. See Zellweger, iii. part 2, p. 160; Walser, 553.
(9) On armed assemblies see Norman Conquest, ii. 331.
(10) I perhaps need hardly insist on this point after the references
given in my first note; but I find it constantly needful to explain
that there is no such thing as a Swiss _nation_ in any but a political
sense. The Cantons were simply members of the Empire which gradually
won a greater independence than their fellows. And the Forest Cantons,
and the German-speaking Swiss generally, do not even form a distinct
part of the German nation; they are simply three settlements of the
Alemanni, just as the three divisions of Lincolnshire are three
settlements of the Angles.
(11) The earliest instance that I know of the use of the word
_Englaland_ is in the Treaty with Olaf and Justin in 991. Its earliest
use in the English Chronicles is in 1014. See Norman Conquest, i.
78, 276, 605, 629. The oldest use that I know of the name Yorkshire
(_Eoforwicscír_) is in the Chronicles under 1065. See Norman Conquest,
ii. 478. Deira is, of course, as old as Gregory the Great’s pun.
Public-domain text, read in full here on John Shaqi.
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