Page:The English Constitution (1894).djvu/353

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ITS HISTORY.
273

There is a certain common polity, or germ of polity, which we find in all the rude nations that have attained civilisation. These nations seem to begin in what I may call a consultative and tentative absolutism. The king of early days, in vigorous nations, was not absolute as despots now are; there was then no standing army to repress rebellion, no organised espionage to spy out discontent, no skilled bureaucracy to smooth the ruts of obedient life. The early king was indeed consecrated by a religious sanction; he was essentially a man apart, a man above others, divinely anointed, or even God-begotten. But in nations capable of freedom this religious domination was never despotic. There was indeed no legal limit; the very words could not be translated into the dialect of those times. The notion of law as we have it—of a rule imposed by human authority, capable of being altered by that authority when it likes, and in fact, so altered habitually—could not be conveyed to early nations, who regarded law half as an invincible prescription, and half as a Divine revelation. Law “came out of the king’s mouth;” he gave it as Solomon gave judgment—embedded in the particular case, and upon the authority of Heaven as well as his own. A Divine limit to the Divine revealer was impossible, and there was no other source of law. But though there was no legal limit, there was a practical limit to subjection in (what may be called) the pagan part of human nature,—the inseparable obstinacy of freemen. They never would do exactly what they were told.

To early royalty, as Homer describes it in Greece and