the United
91
23
Exception
28
Changes
of
29
How
.
-.
Constitution
116
Lycurgus
117
Athens
118-159
Reforms of Constantine
the
296
Law
328
Influence
347
.... 423
Monarchy : the
Reforms of
Feudalism
in
Switzerland
631
French
Criminal
841
Council
846
852
of Lancaster
Origin, Posi-
tion, and
ties
893
Summons, Electoral Writ,
Function of
The House
Peace
957
The
Number
Additional
Courts 1024
Adaptation of English
Powers left with
1164
Probate
Courts
1166
Judges
1168
Organs of Government
Control
1208
The Senate and the
Acts of Congress
1313
The
1317
The
1319
Procedure
by Constitution ....
Organization 1380
Administrative Integration
of
Government
1387-1414
Society.
Ancient Society
1395
1398
Democracies 1405
.
.
Public Law 1462
Private Law 1463
1506
myself
much
more
systems.
As
facts.
The
have put
foot-notes
of
the
facts
I
relying
various administrative
found in Europe.
years. I
in
American
ciated
only
by
well, and
corre-
to
trace
the
differences
only
thorough
therefore : I need
monographs on
states,
which
it
embodies
the
latest
am under special obligations, of which
I
are
responsible
for
history
of
primitive
preserved,
up
with
of fact
and rumor
ing
as
such
means
of
reconstructing
history
genesis
and
development
Semitic
races
alone.
The
European governments
Aryan,
to
have
passed
through
most
political life among the
we
prin-
cipally
wish
to
know.
4.
social
organization;
and
a
zation
more unfortunate
that the
GOVERNMENT.
not
takes its
common
men
with
be possible to trace
forms of
down
stages. ''
choice or
strong
all the
of
those
dependent
upon
their turn
unit, no doubt,,
been deemed
must
steadily
have
tended
to
or
certain
habi-
tat
tribal
states,
their
herds
by
this
or
that
The
known as
that
confining
nance.
When
the
migratory
—
such
a
matter of that, they might not keep
them moving
disturbing
of their infant
contract
not
upon con-
tract, but
;
their careers determined
developed
in
men,
a
Law
did not bind men together. Its
dictates,
if
obeyed,
no
fellowship, never
do
but
forasmuch
which are
Nature,
and
the
antagonistic
to
the
rights
in that
but they
of national
individual
the
greater
combinations
of the State.
the
no place for
in which government originated
rights,
dictate,
the
one
hand,
given
to
man
ready-made
by
God,
nor
was
it,
that
sible
Kinship
some
body politic held
was hardly less
less
real
a
member
of
the
family
than
was
he
who
household
veins to
took upon himself the
the
thought
of
which
kinship
was
the
embodiment.
common blood, the
He who
entered
into
the
heart
its
nial
monplace now to
But
conceive
shipping
them
around
face
outrage all
long and decisive. Its tendency was to stiffen social life
into
a
every cord
the
infancy
through.
Many
unchanging
balance
of
hereditary
classes.
out of
in its
laws and
Idea. —
The
original
I
have
already
spoken.
them out
come about that
some men became
time
infancy
in
differentiated from
custom. Then,
belief.
A
itself
irrevocably
a
stranger
to
its
Greeks had
forgotten
them
to
conform
to
his
own.
The
patriarchal
family,
men of the tribe,
—
Hence,
probably,
the
to-day:
the
choicest
heats
or
for-
gotten
corners
and
the
more
invigorating
and
were
least
intimidated
by
petty
greater
confidence
India
Those great
was
never known
to
the
West
had begun,
monotonous
uniformity.
The
a rapid
progress
of
advancing
They
learned
its
at length
handling
homes of
ened
quick
their minds open to greater enthusiasms and enriched with warmer
imaginings, their whole nature profoundly affected
by
or
less
other
only the changes
same
stock
also the con-
also the con-
partially successful races
work,
as we see, in the histories of the Old Testament,
frequent
instances
of
foiled in un-
rival
races.
and conquest,
a new country
whose primitive
The direct line of
genitor of the race
ob-
element
change.
all
by
Primitive
Con-
1885
; and
1896.
Maine,
Sir
H.
S.,
N.Y., 1880.
1891.
The
classical
statements
of
the
stages
of
their
of Greek or
tions.
Their
Moreover, each stage of their development
illuminates
by
which
the
primitive
to know
Homer.
with the
assembly, that
ceremonials
which
on
the
from the
48. The
in
was not an of
the head of these
not
It
com-
mander
of
his
house
closest
brotherhood.
com-
each
other,
other's conduct and
any
tribunal
but
that
monarchical
city
It had been developed
continued
to
was not
tribes, nor
the city
a
confed-
eration
every
time and the
order
of society.
54. It
that character
its
as close
ceptions
of
find
primogeniture
same
stated
the Council always
universal first model of completed
political
society
Homeric songs,
to
tribe
which had filled the ages of human life which had gone
before it. It
end of the pure family
state
is
at
organization of political
of the further
these
prominence; that
of
each
dissociated
from
its
others robbed
confederation, the strongest motives
for preserving family organi-
family
of blood
and of
kings
as
suffi-
great civiliza-
not of
there
was
a
Neither on
or
Italy
tion;
named a
in
Bceotia.
In
like
manner
population from
historical name
Attica.
which
was
to
characterize
the
of
which
we
have
^gean. Greece
the
north
ancient
monuments
The Phoenicians had, time
peoples
people
like
those
Agamemnon.
were
already
old
since the
lords
much antique
science.
integral
the
.Sgean.
Grecian
peninsula.
Attica
could
The Dorians,
-
the original
68.
The
centu-
ries
before
Christ.
the
nies of
thriving
Greek
which the
But
so
the central
Greek lands,
that in
the first
century after
Hellenic
world
In Cicero's phrase, an Hellenic hem was woven about the
barba-
rian
Gaul, throughout
their
characteristic
touch
without its
historical interest.
nies whatever,
full antique
took
with
to
of their kinsmen.
whom the colonists recognized
sought
by
mother. Many
ties of
were a
conditions.
Athens waited
of Central Greece,
cities generally went through just the same phases and stages
of revolution that were afterwards-
to
characterize
as in Kome
Greek communities,
but democracy
and its
of
the
citizens
Greeks
vague,
was
never-
some
governmental
union.
75.
Beligions
Commnnity:
the
Delphic
Amphictyony.
Apollo,
Neighbors, for
pollution or dishonor. The
associations
Demeter Amphictyonis
at
one time or another, almost every tribe, great or small, of Central
Greece; and in its later development admitted
to
membership
back be-
influence.
territory round
about the
swarmed
from
all
parts
of
the
festivals
held
in
out of the opportunities
as of sage,
by virtue of
—
because
of Greek
politics in
every
other
said
to
Crete
by
the
mythical
to
something like
an empire
and
even
used his
power to
games, held
games and
poems to
of Greece
at any
Those
and
free from all taint of sacrilegious crime could take part
in
any
period
of
peace,
in
standards
of
achievement.
It
is
throughout
fully
a
for a
early
days
most
promising,
representative of
had
thrust
the
led.
naval
state
natural suc-
league was
the Delian,
formed about
coast. Delos was chosen
political capacity
she immeasurably
excelled all
be
at
the
trouble
funds to her
to
garrisons.
under
make Sparta
convicted
or
of
disaffection
towards
of the
but
also
Dorian
and
princes; conducted
and to leave
acy by the genius of Epaminondas, utterly
defeating
ments
in
the
politics
of
Greeks: confederacies and
himself
of
last com-
pacted for
master, of the European
regions
away
high-
influences
were
to
were
to
in Asia Minor,
Hellenization
place apart in
vailing language and the chief imperial officials were
Greeks.
91.
to
to
semi-barbarian
Lydia,
with Athens
(sec.
78)
had
Greek
history,
and gave it,
in the person
were
an
The
business
(strategoi),
afterwards
as
The board of
defects
whole
body
other,
whose
constitution
bears
so
League,
by a
committee whose
in
command
96. But
of the
Achaean, and
of cities,
armies to intervene
of Magna Graecia
other western
the
speech
and
be best discussed in
conjecture. We
shall better
have stood
for
its
singu-
cal of Greek
supply
a
sufficient
genius,
with
a
touch
too
much,
yet steady withal and
Helus which
had been
the last
or the
slaves
of
the
soil,
rabher
like the poor creatures
at
the
the
not pass
And,
might
derive
their
support
towns
valley of
the Eurotas
dians,
lonians,
Achaeans,
of
of their
Helots.
throve
citizens, would
and politics.
105. The
them three
blood counted for aught in the
Spartan
state,
and
nowhere
hold
a
fortress.
of their
family
could
be
alienated
106.
the earlier periods of
this constitution that this
exercised for the
ties of condition did spring up among the so-called Equals;
so
the same political
various districts
kings
exercising.
They
appear
in
of the
the
kings,
which
liability
to
military
a
court
of
justice,
capital and other
finally
to
doubted
applause
that
had
greeted
the
course,
just
an
judicial duties,
to act
from
the
control
evidence to
Assembly;
but
the
and
virtual
mas-
exercise their prerogatives
part,
whether
are not able
by
the
was
sixty
lived
altogether
Spartan law)
he was
still
see his wife
power
to relax for
their way in large numbers into the constitution, and the
Romans
117.
Lycurgus.
above
all,
very largely instrumental in
constitution is
and these features speak very plainly of
a society quite unlike
state;
to
the King, been
bents had from
family,
its institution
were
made
The
radically
unlike
been so much
soil,
holding
and who
their subjects, bearing
port, were in
a numerical minor-
and
deemed
concession
age and of established
honesty,
for
and
farms, and yield the
*the
soil.
liable
it
and Lydia.
123. But
constitutions do
tress
simply
independence
sible
as
it chose to define
could
law
already. Draco
by the impartial
to
oversee
the
magistrates
uncertain
inexorable
hardly
justified
themselves
in
of
might
temperament
at
once
most
part
one
of
tive
of Attica had used the clumsy coins and the antiquated
weights
and
Peloponnesian
their
by
military
service.
The
Thetes
were
to be accorded
to have
some part
of police
the wealth-
They were
to be
chosen, however,
in part
nine archons, for
into the
its
subordi-
finally
to a
132.
than
pentacosiomedimni
appropriate
arise. The
action of the state.
In
the
hearing
of
crimi-
nal
cases,
moreover,
the
retain the power
tion,
superintending
inflict fines
and even
offenders against the state.
rapid altera-
for
a
number of archons Vras increased to ten; five, it was
agreed, should be elected
;
came at
last, through
one of Solon's own kinsmen. The old factions which Solon had
meant
to
stamp
of
one
of
make himself master.
uttered his
was an end, it must have seemed, to all progress
and to the
such
uses of later times. Amidst the clash of factions it
would
prob-
much of its machinery
it
had
liberal institutions at
side,
purpose
for them
(611^10
B.C.), enough
of Solon's
the
basis
of
citizenship.
Athens
had
out of
foreign markets,
given,
indeed,
finally to buy
by
strangers domiciled
four
breaking with the
represented the Eupatrid
the
three trittyes,
chosen
by
lot, one out of the plain, one lying in the hills, one
upon the coast.
could
entirely
new
political
tions with their own
govern-
ments,
which,
if
artificial
at
to
acquire
a
accordingly,
old order. Though he could not force an entrance for
them into
local
circumstances
dictated,
seeking
It
was
thus
incorporation
of
the
new
147. Expansion
—
advantage
Although a
after all, was an
the
have attained to
shown
destined
afterwards
from
They took turns,
day by day,
in the command
when in the
of
stress
once more
effort
administra-
tive
concentration
the cities
league
(sees.
learned
to
Athenians
found
employment
of
city;
of
estate,
ranking
therefore, which, soon after the battle
of
to
office
should
be
based
upon
an
terror,
the
functions
of
democracy
powers,
reducing
its
direction
of
petty
causes
in
functions of the
lacking ordinary
sense might
lingered in the
hands of the
in every
season of
willed ; cries of
full.
165.
Pericles
was
well
the
citizens
the necessary
service in
Pelopon-
proofs of a
of the
people. Their
pay for
population. Besides
her citizen
had recruited
only through this
as if they
market
privileges.
foreigners.
not too
war.
bought in the slave markets
of
Pelos,
domestics,
superintendents of
cluded private
the
The
cities
Aristotle gives
up documents
Polemarchua
or
the
later
Athe-
diet of the
Bluntschli, J. C, Allegemeine Staatslehre. Book I., Chaps. III.
and
Close
from the Earliest Times
ot
Aristotle's
1895.
strictly
hereditary
function.
was associated with
curies.
comment
; we
have
Rome, a
council of
for five days ;
reconstruct
the
constitution
like
a
Solon
or
a
162. The Reforms
from
the
stood in the way
time went
citizenship), growing
citizenship,
there
was
had once
of
the
state
was
to
lege, but
upon the
privilege
too,
come
deeper
constituted
the
doubt,
curies
tribes, for
interrex could summon
the affairs
the
Campus
Martins,
as
if
and legislation,
as the
and revision
of the
tax roll.
166. Beginning's
mind
e.g.,
not
I
annually
by
in the person of Tarquin ; and
a
religious
chief magistracy
all other
consuls were
in fullest
measure king,
and master
Comitia Curiata,
as the
the
shortness
of
their
moreover,
head
of the army and in the field the law did not venture
to im-
regard
to
every
sentence
he
from
their
and
in
or insurrection
associated
est,
all
things
And yet not by
consuls as
by
way
of
approval
hundred, the complete
life, provided
they were
In the regal period
them members
kingly functions,
the
the
number
which
corrupted by the
compete with it.
for
the
various
challenger
had
roles in the
and came
before the
x^epublic
a
proper
place
of
influence.
the government of a
of
its
power,
in the state. No
disposal
of
the
state.
For
—
farmer
burned and
whom he
The law
of debt in Kome was as harsh and pitiless as that which
Solon had to
prisoner
and
of
patrician
magistrates
nothing
to
perceive
a very
to
become mistress
tax, and
and
intolerable.
But
now
too
demands
for
of
they
broke
upon
who
had
hitherto
a
recognize as
upon a plebeian
(the lex
sacrata) which
action,
They were prompt
arrest,
imprison,
The law
gave them
no such
powers, and
begin
seem a natural
;
day
and
military
aflairs,
its
magistrate
alterations
which
he
of
the
people
plebis, in
which the
tribunes,
of
changes.
For
a
Antium.
be
The assignment of building
lots on the Aventine
matters, which
of a commission,
might
publication
of
the
law
or
term
they
and
set
up
in
year did not prove like the first. Appius Claudius had
tasted
absolute
first
was
upon all
—
of class,
be secure of
the
creation
of
famous
laws
of
Solon
tion of expense
judicial
corruption
against private
the jurisdiction
of the
choose as
not to
The
absolute
power
ceremonial in which
embodied.
significant, too,
that voluntary
transgress the
tempting island
world to the
the tribunate,
It was
discontented or
at every crisis
It
great
and
inti-
mate
offices
state, would have rested content
with
could they have got, an assured economic
equality
in
re-
spect
richer plebei-
and set
orders
conces-
open
only
to
priests could
years
through,
threatened
to
turn
it
advantage enough.
together to the
to
advance
the
that a limit
the amount
of
that
proved
no
defence
publication of the
formulce,
know-
ledge
constitution of the Republic,
Senate.
Other
assemblies
had
multiplied
and
law of the year b.c. 339 the assent of the
Senate
to
the
a
(the lex Hortensia)
 
with their
now limited
powers, their
minutely subdivided
and
a
the
right
at
last
themselves
to
magistrates, and their right to call together the popular assemblies
to
tension
be
greatly
used.
195.
foreign relations,
the Senate was the author of Roman
greatness. Superior to the House
of
ex-magistrates, it was based
fact,
the
to
their
its advice was
wished its
While
it
Senate
had
neither
secretary
at
the
the
ple-
quests together
as she
own terms
and
communities
new sort
far as burdens
found as
attach the
conquered states
to herself
provinces was
relish
as
her
ruling
power it
of
the
tinued to exist in the provinces, as elsewhere, in respect
of
the
free-
dom
which
them
from
retained
standing
Republic lasted, a
whom
the
there
should
be
additional
be sent
rest
were
were absolutely
of service,
to
con-
clusions
were
sight, among
Home
justice
to adopt in that
out
nominally
as
servants
a share
part
in
a
privileges
The
of
the popular assemblies, had
hereafter to
whicli had come
con-
a
mere
subdivision,
now
that
the
The
more
than
a
formal
existence
fact
a
tion upon it. The somewhat regular gradations
of
wealth
which
and
it
was
into five
property classes
horsemen
at length what
distinction
offices
which
offices : the
sight
in
the
markets,
maintain
the
consulship, to advance the
seeking
order.
It
was
a
system
hypocritical oligarchy.
the establishment of
to
ere long,
sought
to
the
;
;
spoils and
it
brought
upon
changes which
to
concentrate
the
brought
but
it
by
giving
her
and
of
Empire
accomplished.
provinces had been administered as Rome's property, as
the
estate
of
in their
provinces
became, scarcely
peasant classes
upon
lands
acquired
by
conquest
but
such
When
Carthage
was
from
:
rich,
and
with
they
filled
to hold,
measures
were
in
large
part
where
they
made
their
of
those
the oligarchs
213. It was the
rule of the oligarchy
parties
now
and
again,
form
the
come. Civil war
the Senate;
cured
of Bepublican into
stage of the great
was slowly
a
rival,
provinces, purging
the
irregular
powers
which
from
process be-
gan which
the forms
of the
appointed
by
the
formally
entrusted
with
in 12 b.o. he
mean that the old
possessor
the
consuls,
all,
'
reality,
dictator of
patron to
power, in
the exer-
cabinet of
proscriptions of
France
have resisted the
pro-
score veteran legions,
at
the
embodiments of
accord-
the earlier
authorized
jurists
of
the Senate whose
Senatus consulta took the place of the forms of the republican
legislation.
Empire
was
its
function
days,
deputies
commissioned
greater
had
ment
had mis-
only, but also with
was success to keep
became an
municipal
privi-
habitu-
ally
Italy, but in Spain,
was established;
the spell
great Flavian
228. Changes in the
body politic that
government which
made the
Empire
were to bring
of
had
compelled
the
purposes
of
the
affairs. One
days of
degrees
the person of
the
had
become
honorable
to
comites
transferred
superintendence.
Local
au-
tonomy
cletian
the
Empire
emerges
of him, though acting
himself the
general
over-
as
a
eastern
a
struggle
but that
struggle issued,
first
purpose
centre of
the Empire.
and hundreds
kingdoms
us
immediately following
at Rome
Pope
at
Rome
religious
difference,
accompanying
as
in setting
of
of
which it
is so
realities.
It
population and
merchants
and
manufacturers
filled
its
incident of the living
of
individual
participation
in
which
we
Middle Ages are
242. The Approaches to
ISodern Politics : Creation of
political practice.
the governments
become merely
vidual
citizenship
at
the
gates
of
the
constitution
by
industry
in
the
mechanic
arts,
or
it
by
blood,
it
determining the forms
est
ruth-
had brought in with them.
It was
to be
tutions took
this new atmosphere of
Politics
a
adjusted to
her conquering
might sup-
systems
a
Coulanges,
Boston,
1882.
Fowler,
W.
Warde,
don and N.Y.,
Staatsverfassung.
1884-1887.
Death
of
Csesar.''
London
based
upon
recent
authorities.
Ihne,
—
jurisprudence
as
a
chief
universality. The
organization
250. Character
quite
far in her career of conquest Roman law was, no doubt,
little
custom.
In
law
monial and semi-religious rules governing
the
a
been
brought
a
was
and the
the ceremonial calendar,
Quindecemviri
keTpt
sacrificial beasts. But
put
into
but that
an enormous
as to be
upon
XII. Tables
were prepared
said
to
have
habit of that
by
to
more
certain.
(See*
sees.
—
tainty to the general provisions of the law, but they
did not
impart certainty
cases.  The
them, without
of legal
actions had
after
But their
as
in
the
past,
by
interpretation
in
of
indi-
with direction how
 appointed one of its members every
year
law.
they
sought
in
their
tions to the
arbitrator in which
he not only
which
the
decision
must
conform.
Very
many
cases
were sent
to a
hold towards one
and hear
judices passed
and their instructions,
the
XII.
Tables,
a
small
system
Plebeians were admitted to the praetorian office in 337 b.c,
not
thirty
years
the
change
was
Praetor's energy
was for him.
260. The Praetor's
the law. But
It was thus
was
Praetor, a
Praetor peregrinus
Praetor of the
but
much
selves. But
pose
to
practices
among whom
lier Foreign Prsetor dc
—
peculiar history or circumstances
and
wrong,
jus-
entitled
evident
that
The
jus
civile
and
as
time
advanced,
Power.
so
soon
magistrates,
binding
Eomans
Praetor's
'formulas, '
the
authoritative
Tables
applied
only
when
both
of
the
litigants
but also to supplant
in
consequently,
between
the
the end
the formulary procedure
the fact that
instruction to all comers in the mysteries of the
old procedure,
and that
had
them no
breed great
interpretation.
the
own mind
under the
just
the
sort
to
commend
itself
to
:
contribution
to
the
of
philoso-
phers
in
Greece,
sought
or
to illuminate them.
in all
a body of
empirical generalizations. Its
yielded to its influences,
sub-
ject
step the citizens first of the
Latin towns, then of the Italian cities, then of favored outlying
districts of the Empire, were admitted
first
more
novice
or
barristers,
in
time
a
sort
immense theoretical
eminently
conservative.
The
jurists
universality.
these were
actually
the
greatest
permanent
interest
and
importance
eventually
sprang
into
sources
less
importance
than
the Eepublic;
Empire
of which
b.o.
jurists. The most
law
such
as
no
dendi
which
the jurisconsults had been
imperial period
the Senate
law
from the
and
lines of
be
said
phases of its development
Codification
began
with
what his predecessors in ofiice had done each Prsetor adopted
their
edicts
known at length as the edictum
perpetuum,
as
the
to resemble
a body
and simplicity.
codified, and
to use
it unchanged.
varied and
of
of
subsequent
over.
The
republican
legislation
of
reached;
however,
281. The whole constituted
Law. All law
a
time
It did not
328).
sagacious
with very
many, if
The
the towns in her prov-
inces to
she of course kept
upon the management of the r affairs, and her influence
and
interest
Rhine and other
before
In
both
gift
pri-
vate
estab-
and ade-
its
supremacy
antici-
pated
almost
all
civil development. It was to be to him an exhaust-
less mine
made
law.
com-
tianity
the
institutions
which
Eepeesentativb
Authorities.
For
the
texts
(St
Roman
Corpus Juris Civilis, edited by Kruger, Mommsen, and the bros.
Kriegelli.
3
Fifth
For commentary
Justinian.
Paste
Rechts. Giessen,
1814. Translations,
of Roman law,
edition, 1870.
to
the
Roman Law
on the
Positive
Law.
were not
the
Mediter-
in
great
these
great
were
in
the
fair-haired
Germans.
Even
of
Eoman
dominion,
they,
dissensions
than
free,
which
put
its
possessor in the way of winning the greater preferments of
office
of the
than upon
moot
(meet-
ing)
extended
 
leaders,
for a single campaign, never even in times of peace
ceased to be,
adventure.
their own
and
characteristic
every
no private rights.
imperium,
magistrate
or
commander
was
omnipotent;
his
decay had come
was forced to
they never
and asso-
the close of
mand
over
them.
 
ized
populations
into
landholders
as
into the whole
more various
Germany.
adjudged
by
his
own
—
said that
local self
of
a
reproduction
had developed too
complete and perfect
found
Teutonic
peoples,
of Theodosius. King
at the
command of
until the
would
creep
at
to
prevail.
Even
at
right.
that the
law of
Rome had
He at
first contented
submission of
them
to
stay
and
to
take
part
in
duced
her
politics.
Not
Italy
the old
peace.
forced
to
elevate
the
kings,
tribal
organization,
who by reason
these
early
kings,
presence even
a
Thus a
new bond
own
tillage,
but
holding
himself his
But
become
his
duty
held
himself.
Military
supported
which
that might have fallen
Teuton
been
in
some
lesser
land-
owners,
the
less
head
It was many
man, great
to
any
land
that
fell
could
not
use
them
themselves,
association of
receive
gifts
had land
been
comitatus or personal
him degrading
to pay money, to do any menial thing, to hold him-
self liable
tomary,
as
the
tain wholesale right
of
'Immunities
matters
small
inevitably
became
could
another, merely
to
the very
king], and received
or
seigneur;
them
back
again
upon
condition
had no protector
any day be
compelled to yield
Development.
personal
allegiance,
it
was
generated
more
directly
by
to
had
made
him
titular
both
France
and
England,
it
independent
title),
which
France.
often
surrendered
have been
made necessary
throwing
themselves
into
the
arms
their own holdings fiefs held of the lord of the
greatest contiguous manor; and
free-
man
who
territory who
social
no
necessary
and classi-
fied society
king only
was his power that
were their
shield and
of these
retinue
and
exercised
these
and
was pre-
the
its
time its best,
tradition, yet
authority
which
private
property
to
be
bartered
or
will
of
a
community.
ownership
of
lands,
zation of
sharply differentiated
admitting
system.
316.
took
leagues
were
the
writings
the towns
Worms
tions
cities; and
their leagues
Middle Ages to
empire of the
of Rome.
Before the
the
onset
the great
imperial Church:
irreconcilable
for conquest which
seemed a direct
the
olden
time.
She
every-
developed under
chaplain, every city and country-side its
priest, but the greater
members alike of the civil and the religious hierarchies; and
even monasteries owned vast estates which were parcelled out
upon a feudal tenure.
The Pope's
Eome. That Church recognized
of states, as limits to her
own
of
courts
of
the
baron-bishops
politics.
The
ecclesiastical
power
was
the
Great
(768-814)
reunited
in Germany,
what he
legitimate
far
as
of
and
princi-
fication, but
322. Centralizing
of
the
a
deceased
pos-
sessor.
permanent
Merowingian
rulers
Austrasian
Palace,
though
an
was, it
to
his
son
in France.
with
the
stake in
strict logic of feudalism,
the
state
organization.
In
far
as
in
France,
though
if not through
325. From
the
distinctions
unconscious
in
writings of
the jurists
Code
of
Alaric
II.
just such
a confusion
of 'per-
to be distinguished
' (pays de coutume)
the north, which
langue
d'oc
and
the
tury the
twelfth
century
found
a
famous,
the
and destined
had
spread
to
Spain
created
out
rise of
the school
need for it. The
use of by
 
almost
immediately
drew
Europe,
training in them.
the heredi-
interested to see a
Rome.
which she gave her
Rome.
(Smith.)
And
were indis-
Roman or of Teutonic
commerce,
of
Systems of Europe.
acted
more
and
more
consciously
and it was
and
went hand
decisions;
and
they
maxim which
learning
clusive
proof
resorted always
The
law
grew
system. Very early
the land, to be
appealed to in the absence of proof of any special
custom
of feu-
character.
When
work
during
hands, held
as finally consolidated,
set,
Anjou
a
local customs
territorial
tribunals
accepted
the
ser-
seen, before it
so
to
tradition
to
its
findings.
342.
In
the
Code
Napoleon,
the
Middle
Ages,
we
like
and
formed
anew
o* Eng-
there
than
elsewhere:
and
impe-
rial
lawyers,
the
imperial
party
istrators
postponed
as
naturally
its
ranked
the
principle
of
absolute
had
a
development
Feudal Law,
; because
growth
of
trained
jurispru-
a
court,
of the
England
a
able to
and to
the decay
the
substitutioi.
of
an
indigenous
study
the
Eoman
It
entered,
of
indubitable
field
of
the field of
of
the
law
law,
and
wherever
law
eign law
out. Always
her, no less
than an independent
the
was
no
thoroughness.
We
all conquests : and
back to Eng-
three
legal
text-writers,
such
as
Bracton,
the imperial codes,
Age,
the
of
Europe.
brief
account
Ranke, L. von,  History of the
Popes.
IV.,
ante,
German
constitution.
chosen for
Normandy; to the north lay
the terri-
and
Vermandois,
and
Champagne
has made
neighbors,
352.
and,
thrust
their
who contended
for the
great em-
swept
together
class
feudal
absolutism
privilege
grew
who
sought
to
numbered
356. Local Self-government. —
Notwithstanding the fact
divided territory the power
person of
of the system
which sheltered vigorous
the only
known.
The
eventual
cases suffered
the
governments
which
have
succeeded
ties were
taking form
supremacy; and it was
by
per-
period, while the
privilege.
The
how-
ever,
feudal duties.
ftnd as
the
seats
cases
supremacy, and
other imitations of the
the
south
and
to agitate for
did not
seigneur
and
the
seigneur
was
actively
ex-
political
system
about
it,
of the townsmen
of the feudal
town privileges was
which
king or
separate
privileges
could
before
baronial
choose
their
charges
the most they could secure for
themselves
was
a
right
of
self-
was
immediately
interested.
365.
the mainte-
edifices,
the
support
and
direction
bodies
suc-
the
overwhelming
weight
self-government in the
in large part, no doubt, to
direct
provincial
the time of the
of exis-
power has
bound together
system of
king's
call;
the royal favoi
bought of
by
local
self-
was,
they
a
vital-
ity
and
a
as
and consoli-
line of
sors had so well carried
forward
the
work
of
expansion
Bur-
gundy,
jealousy of the
ancient
provinces,
to have
a voice
in the
at
all
in
374.
seemed
as
to
be
given
a
life
support. The
possessed
in
French
376. Character
the
parliament
called
a representative
body, speaking,
and at
fourteenth,
fifteenth,
and
sixteenth
(1302-1614),
it
three
all
consulted
(7ith
reference
they
never
gained
the
right
summons.
They
were
encouraged
to
by
the
never won
represen-
tatives
of
local
of
the
household,
particular part
States-General)
when,
by
an
or-
know
as
the
Parliament
Butler,
The judicial section
this
and
experienced
.^
that
the
that
more
Ho was
a man
not
fear
the
by
character
combined
strength
barons, thus making the Parliament of Paris
the centre of
old system
dependence
upon
the
Crown
so
to
the
terrible
impact
Richelieu: the system
whose central figure
and
absolute
the
Intendant,
of
the
other
is
his
subordinates
speedily
cases elec-
tions ceased;
384. The Province
Generalities,
of
them.
The
principle
or
by
pre-
to
the
Royal
Council;
and
of the
to
govern
that
dethroned
unable
themselves,
as
the king's
other hand,
administrative
substituted himself; and
responsi-
bility.
system.
1870-'l,
tlie
De-
partments
of
Eevolution
in-
it the
the
imperial
gov-
ernment
went
to
for the
not
of
government.
Had
Gam-
betta
Some, the 'Le-
perialists and wanted the empire of the Bonapartes set up
again.
until
something
better
and
more
kept.
M.
Power
President
as
was
of
country;
at
last
very
clearly
that
such
that
it
amendment,
into
a
cordingly,
as
simple
testing
and
order
many disordered
matters of
difficulty
of
1875.
397.
conferred
defined
its
relations
with the right
to appoint the
other executive officers
him
a
its own
business. In
had
from
its
debates,
later
Marshal
President in his
It
at
was,
Organic
Laws
of
1875.
Assembly,
The
'constitutional
they called
into existence
National
Assem-
bly
the
of
the
realm,
while
limitations
of
admirable
Senate
would
have
equal
weight
Chamber
of
Deputies,
the
constitutional
laws
be sooner
in the
scrutin
d'arrondissement
(ballot
by
arrondissement).
of voting for
for presidential
electors in
the States,
Senegal
named
the Eepublic
in each
term of the Chamber;
follow-
ing
candidates in an elec-
receives
an
absolute
majority
August
14th,
was
stripped
of
its
organization
spects
its
powers
'
hosen
Jby
toiaLcqlleges
among the
of
nine
years.
This
distribution
ten
meeting
and
take
quiet.
Each
the other
gov-
take
any
steps
it is
own
assembling.
410.
a
National
Assembly
1879,
proceed; and to
ballot in
National Assembly.
If such
the same
combination of
measure in
yet
there is no legal obstacle to prevent the majority in a joint session
taking up
guarantee is good
body
known
to
cannot
do
under
existing
government; but it
Assembly.
415.
The
President
Chambers,
Executive
France.
the
Senate
which has
417. The
of
President
session,
and
—
that
418.
Influence
of
moder-
ate
by returning bills
it
is
within
the
choice
of
from its
any degree a master in
affairs
since
the
Chamber.
The
altogether sacrificed
of the chief
Council
the Cham-
bers : and
amongst the
inet
of
the
Interior.
422.
presence, though
not under
a
special
is to
Council is to
meet and elect
of the Council
the.
Ke-
publiu
President.
recognized by
consultation,
only
a
are
in
office. The President
the
annual
budget
which
the
Minister
gift of
the ministers
please
need
to
please
Con-
gress,
since
he is
any
such
whole-
sale
removals
from
government
goes
out
of
office,
cabinet
just
thrust
out.
the
favor
of
for
precedent as well as English for
minis-
ters
to
not
carry
out
measures
votes of the Senate
which is more
state; and
vidual
questioner
form
of
challenging
the
as
the
'Interpellation.'
 
sub ect of formal discussion : it is the weightiest form
of interro-
questions
determines
whether
particular
ever,
rescue
a
ministerial
bill
a
private
member's
session,
the
members
lot into eleven, those of
the
Senate
on
'Local
—
the
Bureaux
dependent
upon
lot,
lines
the
direct the
course of
public policy,
in
France
the
ministers
have,
more and more as the years of the Republic have multi-
plied,
leadership submissive
of
the
Chamber
of
Deputies.
to
govern,
of
ministers.
dictatorship.
436.
because the life of a ministry
is
short
laws but may also supplement them to
meet
for.
He
he need
to meet
the requirements
of public
the
cases
that
arise,
and
to
The
laws
are,
themselves without de-
who
are
to
exe-
cute
latitude
principle
chiefly
respected
and
nation
has
been
and
the
administration
of
middle-men
and
and
accident
funds,
tain classes
of manufactured
The
canton,
indeed,
of
the
Department.
power.
France will
thus be
seen to
basis
of
new
habit
any
act
in
carrying
course, no choice but
from
can
be
only
but
also
all
the
their own
be
confirmed
by
him,
from
office
ment
matters of local
act
by
direct
if
discretion
from
in
the
proceedings
is
Prefect
prize.
also,
as
his
appointment
trimmer
local
opinion
too
often
the
damning
doubly
fatal
to
good
government
in
France
because
of
the
very
frequent
changes
of
—
made
the General
of
the
Presi-
be
of
of at least one-fourth of the
registered
on
a
cantons,
from
of elections
to its
own membership
on the initia-
450.
There
239
if it overstep its jurisdiction in any matter, its acts may be
an-
nulled
by
general
business
of
require from the Prefect or any
other
chief
It has the right to
appropriate
certain
its own
courts
by
the
to
assert
the
to
the General Council is
any matter affecting
of
Deputies
being
elected,
to the Arrondissement
gives
less
hundred
and
seventeen
have
more
than
20,000.
through
appointed
smaller
Communes
by
the
Prefects.
members
of
outside
those
bodies.
Erom
1874
to
indirectly
as
now.
Since
461.
The
Communal
mayor's
assistants
him,
Minister
may delegate
Council to fill
Communes all
Municipal Council (of from ten
to
pretty much the
in the government of the Department; and, in the main,
a
like
dependence
upon
Council
is
liable
to
be
suspended
for
by
sessions each
suffrage.
the
Municipal
—
at law
 
the
ministers,
manent service.
questions. It
is also
government on all
questions affecting ad-
it.
469.
The
Prefectural
Conncil.
not
with the Prefect
Council
Courts
over several
arrondisse-
ments.
These
the cantons.
tion of
questions seeming
by
ordinary courts.
the President,
Justice
the President has
power to remove.
times
a
judge of the guilt or innocence
of the
ordinary,
any
case
belongs
whos(
manner,
by
their
fellow-judges,
besides
two
members
chosen
by
those
already
mentioned.
of
Constitutions
in
E.
M.
de la
1
875-
•89,
Philadelphia
Procedure
of
Foreign
Parliaments,
d'Amerique, 2
 Recollections (trans.
contrasted
with
like
a
their conquerors.
Beyond the
customs. What
was new
Merowingian
and
Carolingian,
power
bred
amidst
by
the
domi-
nant
Franks.
of custom, the old
organization into separate, semi-independent,
novel growths of privilege
landowners
double
magistracy
two sets
the
age:
grafship,
is com-
rulers
within
their
private
ownership
of
ing mark
of feudalism,
and which
and
baronage, quitting their dependent functions as ofScials for
the
Mark-
graf,
dis-
turbed
by
which
would
veritable king.
to be put
with
a
the
Franconian
German
politics.
483.
birth
his
control was got
allowed to
become 'free
struggle for freedom
Counts of Habsburg,
of
be
of Habsburg, in despite of
this claim, sought
a
cantons,
at
after-
wards
by
free cantons and
forces of the
chapter we shall
it
ized power
(1640-1688),
came
with which
Austria,
and
then,
joining
rivalry
with
Austria
for
the
which
her,
and
Austria
representation
keep
the
states
together
while
leaders proposed
attempt failed.
•
(1867-1871).
there
of the hereditary
German
Empire,
on
federal state composed
of four kingdoms,
compatriots
union.
It
remained
states
of
the
union
German
federal
princes
German
people.
498.
Bundesrath,
to
Empire
to
fulfil
distinct
to his powers
drawn from them without
upon their
the Bundesrath
the constitution,
without its
well.
For
an exhaustive civil code
statutes
of
and
function,
the
of the older
is
a
body
of
ambassadors.
states
from
to the Emperor
this prin-
Bundesrath
are
the Bundesrath
them-
selves
members
of con-
other
seventeen
states
state
whether or not she have
her
votes upon
; and,
inas-
to
maintain
joint
representatives.
Groups
of
 
power is in
the same
very few. Most
bills first pass
the
more
im-
initiative;
usual source of every great measure. The Reichstag has, of
course,
the
boldness ; but nothing that it suggests can become law with-
out the
consent of the Bundesrath,
within
the
;
views upon its floor
may
be
be-
stowed,
formulate
the
and
meet
It
nominates
Supreme
the
'Cham-
ber
of Discipline,' a well as the officials who administer the im-
perial
the
taxes
tions
of
administration.
of the
 
its
organization,
or
to
experts.
constitutional
lawyers
that
he
where
Business.
which
ways,
Post
s,
and
Telegraphs^
sion
is
reports
to
the
chief
point
of
the
imperial
legislature,
as
of the Empire, legislation
Reichstag
territory
nevertheless,
constitute
the
Beichstag.
(1897)
They
were
more than
term
of
age
of
eligibility
to
the
Beichstag.
620.
according to
as
to be
choice
to
authority
whatever.
who
the
state o£Sce of higher rank
or
power
than
any
they
into
as is
of
choice
made
in
practice
The
judiciary
The caption 'Im-
are not legislative.
legislative power, the
and has confined itself
in any
other con-
Imperial
Chan-
cellor
of
Germany.
He
not represent the
Chancellor.
i
536.
So
ship
with the Chan-
cellor. Thus, except
purpose,
in his
duty of
637.
(2)
of the administration.
in German
GERMANY.
538.
(3)
thority
is
his
states
governments to whom
states
a
part
of
imperial
government
concern-
time
since
Prussia
as
president
of
the
Council
is
of the
is
himself
hindered,
even
by
;
own constitutional
It may
from
the
states,
Germany,
most
There
with
being distributed
imperial
government:
they
coin
only
so
much
sioners
and employees
imperial,
to
by
the
compelling obe-
tration)
they
have
effected
satisfactory
cooperative
arrangements.
on through the Imperial Railway OfiQce. Even the Bavarian railroads
may be
imperial legislative
importance to the Empire.
single system is
sufficient
necessities of
passenger and
the
the Empire
has
freely
resigned
controls, the
equipped,
drilled,
highest commands, of&cered
the
king
commander of her
The state governments
organization that the
of the Empire
Empire;
nevertheless, the
who began
the policy
cess was
Elector, had
all along
dictated in
police and
kindred matters
to make
to put effective
Brandenburg,
were many
retained
certain
narrow
local
organi-
zation
characteristically col-
legiate], and
565. In
finance also
central
 
other
known
as
the
'General
single central
domains boards
in
immediate
connection
central organ, and
of the entire revenue.
not only,
be
said
upon
the
advice
above all things
fully observant
much easier
or executive initiative than
popular chamber.
It is
easier to
hundred.
671.
Reform
age,
appointed from a
received
the
administration
was
conducted
by
still connected, quite
after the feudal fashion, with adjacent or circumjacent manors, their gov-
ernment
vested
or
more
Schoffen
(sheriffs
village was a
owner
of
some
elective assembly. The
vision of the ofBcial board
of the Government
laws and
 
that the
no longer masquer-
transferred
to
the
Ministry
of
oversight
in part of certain civil, military, and judicial officials serving
ex
officio,
and
It
was
therefore
presum-
ably
without
with-
however,
577.
Staatsministerium.—
Instead
bility of
nomination
State.
adminis-
of
posals
submitted
king
for
his
approval.
Supreme
hundred.
opposition to
liberal change.
divided
into
to which
public,
and
throughout
the
legislative
term.
of
very unequal in
considerably
larger
number
the
district.
Tor
the
classes
the
second
originate
Representatives, only
—
order
a
new
election
—
Prussia
series
of
secondly,
an executive board with an exclusive control over the public portion of the
communal business
of
administrative dis-
board.
of
of local
but
not
 
road and
school management,
district
administration,
the general
stances. He has, besides, initial jurisdiction in cases of conflict
be-
and specially commissioned
officials not subject
to their orders.
general, within the Province.
tries
at
practically for
life, and
the Provincial
communal
union
:
functions
narrow
field
in their
examination of the
and the election
take
596. It may also,
on occasion, give its
as
matters.
The
sphere
however,
being
gradually
of all
Interior, of
of Agriculture,
of Ecclesiastical
and Educational
part
collegiate,
i.e.,
'Administration
tion
and Domains
the
affairs
of
the
Interior
afterwards preserved
and
thus
to
make
governed in the smallest
annul the
the
meet-
he is himself present
and the
must be
qualified for
chosen
by
the
Provincial
thought best
to put
under lay
Administration
ally
of subordi-
628).
When
not
sit
with
it.
I have said, within
there emerges a double set
of
functions
another
council
and
another
some
of
its
historical
features.
 
the
the Dis-
612.
The
by
a
upon
the
usually
He is given charge
are largely controlled from Berlin; and in these
branches of
one and the same time representatives of the authorities at
the
City
616.
Oeneral
government
in
Prussia
has
certain
of
energy
citizens
of the
community, is
serve.
Aldermen
 
cent.
and
they
also
serve
as
there is
for the
by
the
criminal
chamber
to the
of substantial independence. The Minister of
Justice, however,
for
no
criminal
the states-attorneys who
626. Purity in the
the
the
assump-
tion
by
the
which, such as
system
knows
(Schiedsmanner)
and
certain
trade
Prussia
(sec.
468).
Here
again
themselves
constitute
Circles,
for
the same footing of
the
other
administrative,
other
—
upon the constitutionality
1889.
fourteenth
called Switzerland
leys of
the Alps ;
monasteries had swept
Switzer-
Cantons of Schwyz, Uri,
their
freedom
from
all
into
a real union
language,
and
each the
respected,
may
and
aristocratic
cities
like
Schwyz,
Uri,
of Europe.
In that
German
Cantons
which
were
to
received at
events
1648.
The
thirteen
original
Cantons
had
to the
troops into
Switzerland, in
the always
reaction
those,
were in
to
broken,
the
Congress
he
Cantons
clauses
Catholic
oldest
foundations
of
the
mediaeval
church.
the
League
(Sonderbund)
by
members.
1847,
rather
The
Swiss
nation,
honor
 
;
does not
state
advocates
Con-
stitution,
the
guaranteeing
of
fulfilment
of
federal
regu-
late
mercial
forests, and
to the Cantons
is in guaranteeing
to the States
is
a
State
are
challenged
as
unrepublican.
In
Switzerland
federation is
best gained
the Cantons, out of
may
be
and
644.
—
overcome than
have stood
as
incomplete
nationalization
governments of Switzerland.
politics.
645.
Position
of
the
The Swiss have
all dogmas
of perfect uniformity,
all
all by the secret
which
also
varies
as
Council (Qrosse Bath)
 
This commission is variously called in the different Cantons. In
some it is known
body,
that the
brief tenure does not in practice result in too frequent changes in
executive
personnel.
in the mountain Cantons been
chosen
Council. Whether
Council remains, in function,
legislation
and
in
originates
most
of
the
which
still
retain
their
kept
in
their
own
more than half
hundred
and
The people of such
In seven
of the
chamber's term is
citizens (the
decision of
the law.
part in lawmaking.
in
constitutional
re-
established
with
regard
to
the
In
the
Confederation
petitions
signed
by
of
of
Ztirich
and
Berne,
to
established
by
law.
In
out
func-
tion f their Councils has long been only the duty of preparing
laws for
which
other hand, the
the
action
of
their
ordinary
federation,
how
it.
It had
forms of
government in
matters
They
changed
char-
And in its
modem even in Switzerland.
It
is
vote
upon
ballot
is
originators had hoped
of
responsibility
control in
similar
local
organs
of
organ of
regulations is
entrusted. The
and
independent
of
his
colleagues
Commune,
as the Federal
serve for a
nor
two
consecutive
terms
term. There is
to
follow
this
natural
and
Swiss citizen
who is
tinuously
has hitherto
of the
Council is
same time
the Legislature,
may intro-
right
to
:
which
they
all
for
a
term
Confederation, and since
of
expected to act in harmony in
all
business,
and
to
mediate
between
extreme
—
government of tran-
from
the
Council
as
a
Affairs is now
all
departments.
2
The
ments is
of
their
time
and
attention
to
give
the
De-
board
from very differ-
ent points of view, and ought seldom to be united in the
same persons.^
the cantonal systems
executive
func-
the
on any
strict classifi-
federal affairs
judicial quality.
because of its part
upon pro-
which
give
it opportunity to urge upon them necessary measures of reform
or
amelioration
of financial
giving
the
discretion.
ordinances
concerning breaches of
federal law is
executed
by
local
tlement,
most
prominent
and
important
to
out troops
to meet
Cantons provide free,
the politi-
to do
Federal Assembly
the develop-
transferred
than before, and it
far
as
been the
conscious purpose
; but they
pre-
rogative
of
our
own
to
cognizance of by
between
cantonal
and
federal
authorities.
685.
The
Federal
Chancellor.
—The
office
the
acts
coming
together
of certain
—
shown
by
decennial
censuses.
20,000
inhabitants,
it
Berne,
The Presi-
of Representatives
closely
in
its
composition
In fact,
however, it
Cantons themselves,
sequently prevails.
for
by
the
legislative
body
each of
the others
the Council of States
merely a
Vice-President,
for
Vice-President cannot
'
to
between a Canton
federal
7. With the
Constitution.
six
officers
constitute
a
the
votes
upon
a
the business
tion
formulation,
and
its
part
is
generally
a
guiding
vote
pressing
nature,
shall
be
laid
the publication of
be
made
up.
That
demand
must
be
made
that
30,000
voters
day for the
the Chancellor, and
the French
—
Federal Court
in
or
of the Peace
states-
attorneys.
707.
In
business
of
each
year,
are
four,
and
six
years.
The
very
time
arbitration
had
Court to a
Houses to
; but its general
three
sits,
not
at
Berne,
the
legislative
of
any
judge
office or
of any
business corporation.
case must
Districts assizes
the
authorities
ments
federal
or
upon
a
cantonal
constitution.
Its
jurisdiction
does
not,
however,
citizens
against
cantonal
authori-
ceptible of definite
prerogative.
Court. The Court
has even  brought
cases
of citizenship, and
the
law,
a
in
cases
between
the
Court may be invoked in any case in which the
subject of
been given
concerning
upon
judgment
of
the
be as-
under
certain
fiscal,
police,
Council,
includes
a
great
questions
tion of the
all
these
Houses or to the
the Constitution
die
translation.
Publications
of
the
vols.,
1895.
Snell,
Ludwig,
 Handbuoh
des
schweizerischen
remain
those
political
union;
many
and
set
apart
to
attempt
mating
and
became an apanage of the Empire. It was as such that
the Habs-
thenceforth able to
family.
race
in
the
between
Moravia, reduced the once
by
Poland,
with Slavonic Bohe-
became the
lands.
736.
by Austria
737. Bosnia and Herzegovina.
sification, again, Slav
in the majority.
element
of
the
population,
in
Aus-
greatly in
the majority
them
always
at
government
set
over
which the
trial
sinister Metternich.
break forth
Austria
able
completely was Hun-
strength,
to
that house to
retained
by
dint
privilege from the
Crown. It is divisible into three parts : the laws of the union,
the laws of
concerning succes-
sion the
throne, the
Pragmatic Sanction
group
of
states
for the
patents,
determining
the
the provincial Landtags. Of
movements
de-
velopment
in
as
rules and
without constitu-
tional compulsion.
760. As
full
the
war
the
minister
of the
military administra-
supplementary to
the min-
sees
to
the
raising
of
the
is in addi-
751.
for
course
both countries.
Each
state controls for itself the collection of customs duties within its
own
territory
but Austria-Hungary is regarded as forming only a single cus-
toms
and
trade
a joint Austro-Hungarian
Austrian
own
judgment
sit
and
act
separately,
full
agreement
is one year.
session,
the
number
of
The
Emperors
part
effected
by
Maria
Theresa
and
is in-
are
Houses to
repre-
services to the
the other House
House of
vote.
—
upon
property
assent of the chambers is required not only in legis-
lation
but
upon
Houses
are
the
same,
cruitment
for
the
army
must
rule
that
to every resolution
bers
the president
of Lords.
sanctioned
re-
sponsible
in
purpose
772.
The
Landtags.
retain
chairmen of
or dissolve
773.
exer-
cise
prasident,
whose
powers
are
very
areas of
the smallest
minister
attendant
upon
the
king,
a
Meichsrath (sec.
right
methods
have been statesmen and
as
of
course
when
defeated.
778.
of
highest
officials
officio,
three
delegates
sub-
jects
are
understood
finance.
As
must
always
happen
the
purpose
of
the
Eepresentatives
classes,
however,
possess
the
the upper House
and opens, and may close,
adjourn, or dissolve them.
cities, and Com-
the same.
the
exist
roving giants
kept the
—
The
institu-
tions of these strenuous northern folk were of the usual Germanic
sort.
countries,
usual slow and changeful
petty
political
other
a
time to keep together
met at
as
they
might
be
able
to
devise
Dane out
royal
associated with
assembly of Estates.
In the latter,
Riksdag, and again of the
king,
orders
repre-
(1672-1697),
Karl XII.,
thereby
fol-
Russia
among the
Swedish nobility
Swedish
constitution
Karl XIII.,
elected crown
Johan. The advanced age of the
reigning king
and
who
refused
decision.
tion.
Allying
himself
with
the
citizen
Norway the nobles
the
elective
system
to retain. Not-
a
attained.
792.
powers to
king
to
August
14,
1814,
in
an
were finally
On November
1810,
Biksdag,
;
from the nature
re^naoted on November
bound
Nor-
way
author-
constituted
it
and
made
799.
The
Joint
Councils.
were
proper to the consideration of one and what to the consideration
of the other
was quite extended.
the
intricate
cooperation
of
801.
Foreign
them,
with
king; and
the friction due
and
Norway,
great international func-
Important examples
of such
the
and those concerning
the Lapps. The
of exchange
limits
kingdom
kingdom
upon their coBperation for the execution of treaties. But these
are the
806. Citizenship.
Legal banishment
808.
These
were
mainly
of
antagonistic may well
time the
political advance-
her
the closer together
the
the
over th
insisted that
and impor-
tance of
Sweden
seemed
disposed
to
resist
by
force
of
arms,
if the people of
settlement
of
tution,
as
Hakon
 VII.
One
The kingship
is heredi-
tary, but
a
must be
countersigned by
formulate
what
are
there
denominated
author of police
jointly
in every case absolute.
the force of
of the counties and
each
constitu-
two hundred and
every
house
the chamber overlap
king must
different.
through
extraordinary
of
king.
824.
The
king's action.
In
two
notable
1814,
representation
in
measure proposed.
beyond two
a
hundred and twenty-
remains the right
not rest upon the
dition
as
districts
in the government of both of which the people are
represented,
by
the
I.
The first Teutons who made a permanent
settlement
there many
splendid and
of Rome may
which
the
Teutons
established
quence, in
the centre
at
tempestuous as
834.
Institutional
—
needed to
follow up
been
symmetrically
developed
and
integrated
was
united
under
court: for the
political
life,
sank
to
their folk-moots,
county
courts,
officials.
knowledge
of
the
exact
character
of
great meeting
of the
shires and
ealdormen,
the
did to
as it had
held its
tory, was yet
of the nation's
places
gave
way
to
baronial
courts ;
tance
the
king's
lieutenant
in
kept them always dependent upon himself for the continued exer-
cise of
He claimed
;
that
new
character
became
of the king, the
to
membership.
The
of
the
Norman
kings
constitu-
the
whole
effective
organization
of
Out
of
841.
was to give
of feudalism.
feudal
use
without wide
combination with
probably
always
prevent
hostile giving
to the
weight
and
apart from the
among
them
according
bodies
into
844.
lain
within
Council
were
enormous
•were
as
king
himself,
who
constituted
it
exercised through
the ma-
nobles
in
split up into committees.
brought into
a
separate
Court
of
Exchequer,
in its judicial
Court
of
Chancery,
'
may
be
said
own expansions
and changes
of form
and had
the
utmost
significance.
Not
greatly
altered
Parliament
which
all these
bishops,
abbots,
earls,
by a
general summons,
Edward
that
and
act as a
few greater magnates
of the Church
Lords. The
other
house,
the
House
were
completed
by
heir,
Parliament,
through
to
a
still
smaller
manent
Council
what
to the
the
continuance
could
them to himself
Restoration
years
old-fashioned
our polity. Yet,
its
meetings
and
the
the
pleasure
of
of
government
during
which
but
without
acquiring
displacing the
Privy Council
(Reign of
close
several parties,
Cabinet,
thority
of
sible
for
executive
acts.
that
—
advisers
they
could
do
they should be
abuse
of
the
Commons
for
and
in
they.
a
member
on
the
part
of
Presi-
a sacred rule
plete triumph
of Parliament
made it truly representative of
the
people,
represents the
by
the
way: he
If
this
leader
men whom
he recom-
of
State
and the First
these
are
that every interest which
and proceedings of
responsible advice. The word
officers
the
Cabinet is defeated
in the Com-
accept office
 
accord
real
control
so
plainly
and
too
great
of Louis
Napoleon in
Privy Council
political advice for
which twelve or
of
belonging
to
it
The leaders
—
Houses. Most
duty of the
by
its
organiza-
tion
it is within
of the
of the party in
tral administration
of the
kingdom in
comparatively few
Secre-
tary
of
State.
development,
an
ministers
confidential
more
to
absorb
various
became necessary
Secretaries of
State, two
At last he
convenience,
been
quintupled.
There
holding the same
legally authorized
keeping each
each reign
President is
both extensive and
concerning all commercial
and
in
of
a
committee
quite independent department,
nominal,
Exchequer,
It
is,
in
private
bill
a
Committee
of
culture,
the
direction
President.
the
Board
of
General.
It
department, the
chief
the
Lord
Chancellor of
instead
the
 Lords
Commissioners
for
board.
Chancellor of
of
service and
of the
redistributions
involve
additional
Minister, both the office of First Lord of the Treasury
and the office of
once
lower
House,
be
of
a
Lord
Advocate
government
concern-
ing
Scotch
Lord
Lieutenant,
is,
by
virtue
of
his
relations
to
the
Cabinet
the confi-
dence reposed
in it
committee, pos-
sessing no
separate importance
prerogatives of
very sensible
the
efficacy
their initiative, and the whole business of the Houses to
a
great
extent
depends
upon
them
for
its
progress.
they can take what
\
countries,
—
courses
of
action;
consultation
with
Parliament,
of Commons;
when the
The
com-
the taxes
When
the fourteenth
was
questions of
Repre-
sentatives.
mons
as
representative
as
the
less and less fitted
had been
dawn
of
counties
where
had been. Gradually
to the
neighboring
proper-
ties,
whose
owners
pocketed
both
magnates
upon
whom
the
voters
felt
more
the
majority
892.
been
that
 309
out
of
the
51.S
members
areas, exclusive
 
•
Those
reforms
have
The
and those
fifty pounds. The borough
In 1867
the number
same
time
very
greatly
holders
and every
rent would
come to
repre-
sentation;
English, three
returned several
members were
cut up
into single-member
into
electoral
districts
to
1867 the
governing the franchise
amount
entitled
to
parliamentary
districts
as
of the
the English boroughs
Earlier
900. The
it being
secret
ballot,
for
often sat
lived its
a
fresh
appeal
to
the
permanent
statute.
In
their
services
assembling
motion
Parliament
has
Parliament
if not
sooner dissolved
of measures
time of
the House
aisle
face
each
table,
and
911. 11. The
and
ninety-six
English
hereditary
hereditary
will
by
is in fact
frequent. Two-thirds of
1886. The
is summoned
to its
sessions when
the House
have
already
often
the
well
ceased to
Ordinary, who
higher
lar
of
her
institutions
of her
of her institu-
Parliament dare not
is
steadily
and
May
pays
to
the
conservatism of a people living under such a form of
government
when
since approved
condemned.
i
order
to
save
suitors
the
vexation
and
from
the
central
authorities
held
they
came
Court of
1st
November,
1875),
and
as
supplant,
The general
parts, which
its president
jurisdiction
an
organization,
were
courts, its
may hear
of the Master of
of the three Divisions of the High Court, who may
be called
its powers,
sit, when
after
a
after
a
it
is constituted
Lords of Appeal in Ordinary of whom I have spoken
(sec.
911)
Lords
of
Appeal
in
Ordinary
who
act
for India, the
Court of
system. He
of the House of Lords, of the Court of Appeal,
of the High Court of Justice,
and
Coun-
cil
of Appeal
member always of the Cabinet, and, like the other members,
belongs to a
House of
Commons, exercising
which
organization
and
terial officers,
and exercising
their jurisdiction
called
county
courts
only
by
way
of
aU
matrimonial
cases,
are
withheld
kind, to
England is about
does not
exceed £100.
Any case,
the county
are
likely
to
High Court
the
High
division of the
'
cases.
Division,
a
of
five
all
a
year.
London.
933.
is
government effected
m