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leaves no doubt as to the popular character of these early Polish
political assemblies。 In no Slavonic state was this popular
character so early lost as in Poland。 As early as the beginning
of the thirteenth century the higher nobility and clergy； the
〃milites〃 and the knights； begin to be the only constitutive
parts of the Polish 〃general council。〃
The other feature of the primitive folkmote； the unanimous
vote； was much better preserved by the Polish parliament。 From
the earliest times down to the fall of their political
independence； the Poles remained faithful to this very
incongruous system。 The 〃liberum veto；〃 the right of each member
to make null and void by his single opposition the decisions of
the entire assembly； became through the interference of foreign
States one of the best means of keeping in check the political
activity of the nation。 By this veto； Russian； Austrian； and
Prussian intrigues more than once prevented the passing of laws
and measures； which might have preserved the independence of the
country。 That the liberum veto had its roots in the most remote
period of Polish history may be shown by quotations like the
following。 According to the chronicle of Cromer； the Polish
throne had been offered to the half mythical Cracus； 〃una
sententia；〃 i。e。； by the unanimous decision of the people； who
had； as we know； no other means of manifesting their feeling than
the folkmote。 The same unanimous consent is mentioned by another
chronicle on the occasion of an election which took place in
1194。
The legal power of the Polish general council was identical
with that of the Bohemian snem。 It elected the chief ruler of the
land and entered into written covenants with him； it discussed
questions of international policy； expressed its opinion on
matters of taxation； gave its sanction to the legal enactments of
the king； the so…called statuta and con stitutiones； and from
time to time it exercised judicial authority in certain
exceptionally important civil cases。 In a word； it possessed the
same multiplicity of powers which we have noticed when studying
the powers of the Bohemian folkmote。
Hitherto we have consulted only the history of the Northern
and Western Slavs。 Let us now turn to that of the Southern Slavs。
The democratic element is less prominent in the constitution of
the ancient Servian and Croatian folkmotes。 At a very early
period the high nobility and clergy took possession of the
various powers of the popular assembly。 But this does not mean
that no documentary evidence has reached us concerning the part
which the lower classes of society at least in Croatia； were
anciently called upon to play in the political organisation of
the country。 The old Croatian chronicle explicitly states that in
the time of Svonomir； the first elected Croatian chief； the
〃Ban；〃 the national assembly known in later times under the name
of 〃Sobor；〃 was composed not only of the higher orders （viteze；
barune； vlasnike）； but also of the common people （puk zemlie）。
The same common people is mentioned by the Latin chronicle as
having had its share in the election of this first Ban； who was
chosen 〃concordi totius cleri et populi electione。〃 This happened
in the second half of the eleventh century （1076）。 During the
following centuries the nobility； and among them the higher class
of nobles represented by seven Bans； alone had a direct influence
on the nomination of the Croatian king。 But the memory of old；
days； when the people chose their rulers； was still preserved
down to the end of the fifteenth century； as may be seen from the
following words of a charter issued in 1490 by King Vladislas the
second： 〃Domini； prelati et barones； caeterique pri mores et
universi incoloe regni； ad quos scilicet jus eligendi novum regem
ex vetustissima regni ipsius liberate et consuetudine devolutum
exstiterat。。。 oculos mentis ipsorum in nos conjecerunt。〃
The texts already quoted establish the fact that like other
Slavonic assemblies； the Sobors of Croatia were ignorant of the
rights of the majority and insisted on the necessity of a
unanimous decision。 Expressions like 〃concordi electione；〃
〃omnibus collaudantibus；〃 and the complete absence of any
information concerning decisions taken by a majority of voters；
leave no doubt on this point。 The same texts mention several of
the functions which the Sobor was called upon to exercise。 and
first among these was the election of the political heads of the
nation； who might be simple bans or kings。 Questions of peace and
war were also settled by this assembly。
But the chief occupation of the Sobor was of a legislative
character。 From time to time the Chronicles state that 〃many good
laws have been made〃 by this or that assembly； and Professor
Bogisic has succeeded in tracing a whole list of the different
statutes resulting from their deliberations。
The existence of these national councils did not prevent the
people of different localities from meeting in some kind of
provincial assemblies； and from exercising in them even
legislative functions。 An instance of this fact is presented by
the island of Vinodol； the inhabitants of which in 1288 met in a
kind of local folkmote at which certain men were chosen to
make a general codification of old laws； the memory of which was
still preserved。 In this way was formed the celebrated statute of
Vinodol； one of the chief sources of information as to the early
law of the Southern Slavs。
The Servian States…General； although much less democratic
than the Croatian； merit our attention on account of the great
influence which they exercised on the management of public
affairs。 It is true that the Servian Sobor is rather a council of
the higher orders； a sort of Anglo…Saxon Witenagemote； than a
folkmote or popular assembly。 The third estate was not admitted
to its meetings either as a body or by representation； and one of
the paragraphs of the celebrated code of Stefan Douschan
（fourteenth century） even strictly forbids the peasants to meet
in political assemblies。 But the lower nobility； who afterwards
played such a prominent part in the destinies of the Polish
nation； regularly sat in those meetings side by side with the
king； his council； the superior officers of State； the patriarch；
the ecclesiastical synod； and the members of the higher nobility。
These orders taken together exercised pretty neatly all the
functions of sovereignty。 They made legal enactments； such as the
code just mentioned； and they were the authors of the different
amendments introduced into it in the course of time。 They very
often elected the king； and sometimes dethroned him。 The
archbishop and the provincial governors were also chosen by the
Sobor； which likewise disposed of the public lands； and discussed
the most important matters of civil and ecclesiastical
government。
This rapid and rather superficial sketch of the early
political institutions of the Slavs； may at least serve to show
how considerable was the influence which the higher orders of
society； and very often the common people； exercised in the
management of the Slavonic State。 My necessarily dry exposition
of ancient chronicles and charters； cannot fail to recall the
well…known passage in the 〃Germania〃 of Tacitus： 〃De minoribus
principes consultant； de majoribus omnes。〃 Like the old Germanic
folkmote the Slavonic was a sort of supreme council； convened on
certain exceptionally important occasions。 During an interregnum
all authority passed into its hands； and it was accordingly
empowered to choose the future ruler of the land； and to declare
under what conditions he was to be admitted to the exercise of
the sovereign power。 In the ordinary course of public affairs；
the folkmote discussed important matters of civil； and in some
countries even of ecclesiastical government。 It pronounced on
questions of war and peace； controlled the exercise of the
legislative authority； and was sometimes even directly engaged in
the making of new； and the codifying of ancient laws。 Although
its authority was less prominent in executive and judicial
matters； yet it very often exercised the supreme right of
dethroning a king； and of judging persons accused of high
treason。
When we call to mind these facts； the idea of an early
Russian autocracy； admitting of no control on the part of the
governed； will certainly appear to us to be in direct
contradiction not only of the general evolution of political
institutions； but also of its usual form among Slavonic nations。
We must refuse to accept an anomaly unless it is established on
the authority of well…authenticated historical facts。 But no such
facts can be produced。 The Russian chronicles； in which； from the
want of other sources of information； we are obliged to seek for
the chief elements of a general theory of ancient Russian
political institutions； show us a state of things； which has
nothing in common with absolute monarchy。 On the first pages of
the chronicle attributed to the monk Nestor； the Eastern Slavs
are spoken of as possessing a sort of 〃gens〃 organisation； 〃each
one living with his kindred； and these kindreds occupying