r 



The EUROPEAN LEGISLATURES. 25 



fumed the title of duke, and had ufually named a deputy, who 

 had the title of lagman. But GUSTAVUS ERICSON deprived 

 both the people and the dukes of their privileges in this parti- 

 cular ; and, of confequence, the lagmans ceafed to form the fe- 

 nate of the national diet. " Ut enim ex judicibvis his, (fo 

 " SHERNHOOK terms the lagman), olim fenatores, ita hodie ex 

 ' fenatoribus his, judices provinciales conftitmintur." 



I SHALL not detain the Society with pointing out the perfect 

 coincidence between the general ftruc~lure of the ancient Swedifh 

 and Icelandic conftitution, and that which I have attributed to 

 the Aborigines in Germany ; nor, after what is ftated in die 

 introduction to this paper, do I think it neceffary to make any 

 remarks to mow, that I am entitled to avail myfelf of the re- 

 femblance in fupport of my opinion *. 



INDEPENDENTLY, however, of the general form of the Ger- 

 man governments, there were fome circumflances in the nation- 

 al manners, which, though not immediately entering into the 

 ftrudlure of the conftitution, demand particular attention, be- 

 caufe they contained fources of future revolutions. In the 

 ftate of favages, or when men fubfift on fpontaneous produce, 

 the political union hardly exercifes any control over individuals. 

 Nothing is more common than for a fingle perfon to pro- 

 pofe to his tribe to make war; and, though the tribe re- 

 jedl the meafure, to perfift and go to war, either by himfelf, or 

 with the afliftance of a few that relifh his propofal. After- 

 wards, when farms and herds are known, men ftill retain the 

 right of avenging their own wrongs j and their new poffeffions 

 are a fort of dominions, which they rule with a fpecies of that 



d independent 



* WHAT we know of the rude governments of the Welfh, Irifh, Danes, and Caledo- 

 nians, correfponds with the idea of that of the Germans, given in the text. Every 

 where the clans chpfe their chiefs from particular races, and confederated clans chofe 

 their regu/iandfubreguliin the fame manner. L. L. WALLI/E, 164. and 184. Traftat. 

 varii de Reg. Dan. WARE'S antiquities of Ireland. LESLIE, BUCHANAN, fajim. The 

 tanift was chofen in the lifetime of the chief, and fucceeded him at his death. Even 

 at this day the Scots clans conceive they are entitled to change their chief, if he aft dif- 

 gracefully. 



