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 unfavourable meaning which is often attached to the word democracy,
when it does not arise from simple ignorance, probably arises from
the use of the word by Aristotle. He makes (Politics, iii. 7) three
lawful forms of government, _kingship_ (βασιλεία), _aristocracy_
(ἀριστοκρατία), and what he calls specially πολιτεία or _commonwealth_.
Of these he makes three corruptions, _tyranny_, _oligarchy_, and
_democracy_ (τυραννίς, ὀλιγαρχία, δημοκρατία), defining _democracy_ to
be a government carried on for the special benefit of the poor (πρὸς τὸ
συμφέρον τὸ τῶν ἀπόρων). In this there is something of a philosopher’s
contempt for all popular government, and it is certain that Aristotle’s
way of speaking is not that which is usual in the Greek historians.
Polybios, like Herodotus and Thucydides, uses the word democracy in
the old honourable sense, and he takes (ii. 38) as his special type of
democracy the constitution of the Achaian League, which certainly had
in it a strong element of practical aristocracy (see History of Federal
Government, cap. v.): ἰσηγορίας καὶ παρρησίας καὶ καθόλου δημοκρατίας
ἀληθινῆς σύστημα καὶ προαίρεσιν εἰλικρινεστέραν οὐκ ἂν εὕροι τις τῆς
παρὰ τοῖς Ἀχαιοῖς ὑπαρχούσης. In short, what Aristotle calls πολιτεία
Polybios calls δημοκρατία; what Aristotle calls δημοκρατία Polybios
calls ὀχλοκρατία.
(14) It follows that, when the commonwealth of Florence disfranchised
the whole of the noble families, it lost its right to be called a
democracy. See the passing of the Ordinance of Justice in Sismondi,
Républiques Italiennes, iv. 65; Chroniche di Giovanni Villani, viii. 1.
(15) On Slavery in England, see Norman Conquest, i. 81, 333, 368,
432, iv. 385. For fuller accounts, see Kemble’s Saxons in England,
i. 185; Zöpfl, _Geschichte der deutschen Rechtsinstitute_, 62. The
three classes of nobles, common freemen, and slaves cannot be better
set forth than in the Life of Saint Lebuin (Pertz, ii. 361): “Sunt
denique ibi, qui illorum lingua edlingi, sunt qui frilingi, sunt qui
lassi dicuntur, quod in Latina sonat lingua, nobiles, ingenuiles, atque
serviles.”
(16) On the _Wite-þeow_, the slave reduced to slavery for his crimes,
see Kemble, Saxons in England, i. 200. He is mentioned several times in
the laws of Ine, 24, 48, 54, where, as usual in the West-Saxon laws, a
distinction is drawn between the English and the Welsh _wite-þeow_. The
second reference contains a provision for the case of a newly enslaved
_þeow_ who should be charged with a crime committed before he was
condemned to slavery.
(17) I wish to leave the details of Eastern matters to Eastern
scholars. But there are several places in the Old Testament where
we see something very much like a general assembly, combined with
distinctions of rank among its members, and with the supremacy of a
single chief over all.
(18) Iliad, xx. 4.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account