20 EMPLOYMENT OF THE PLEBISCITE [3 1 8 



tions.^^ The turbulent times of German migrations and the 

 development of feudalism in the remaining German tribes 

 practically eliminated from their political life those popular 

 gatherings and the assertion of popular approval or censure 

 which had elicited the admiration and marvel of the 

 Roman.^^ Even the "free institutions of England" do not 

 show anything to compare with the plebiscite of the old 

 Romans or Athenians or with the popular deliberation of 

 their German forefathers. "The nearest approach ever 

 made in England to the recognition of an authority capable 

 of self-expression higher than the ordinary legislature," 

 was the " Agreement of the people " of Cromwell's times, 

 which was, however, not put into operation.'* 



The only spot in Europe where the old gatherings and 

 expressions of popular wishes have not entirely gone out 

 of practice is Switzerland. When, in the fifth century, the 

 Alenianni and Biirgundi invaded Celtic-Roman Helvetia, 



^^ " In perusing the admirable treatise of Tacitus ' On the Man- 

 ners of the Germans' we find it is from that nation the Enghsh 

 have borrowed the idea of their political government. This beau- 

 tiful system was invented first in the woods" (Montesquieu, Spirit 

 of Laws, translated by Thomas Nugent, London, 1909-1914, bk. XI, 

 chap. vi). See also J. M. Vincent, State and Federal Government 

 in Switzerland, Baltimore, 1891, p. 4. 



32E. Miihlbacher, referring to the old practice of the freemen to 

 gather annually in the Maifeld, describes the changed conditions 

 under Charlemagne at the end of the seventh century in the follow- 

 ing words: "The great political decisions had long been removed 

 from the influence of the people. The old right of the freemen, to 

 appear at the Reichsversammlungen, had not quite become obsolete, 

 but it has become impaired on account of the impossibility for 

 the freemen to come annually from such large distances. Further- 

 more, the decisions at these Reichsversammlungen had already for 

 an earlier time rested with the clerical and wordly magnates who, 

 through their position in the administration of the state and at court, 

 or though their large possession . . . had to a certain degree be- 

 come the representatives of the people. . . . Even when the consent 

 of the people was solicited, it was done more as a formality, as a 

 reminiscence of the old time, and it was done only at the occasion 

 of big warlike undertakings which had already been decided upon 

 or had already been commenced ..." (Deutsche Geschichte unter 

 den Karolingcrn, Stuttgart, 1896, p. 261). 



33 W. A. Dunning, A History of Political Theories from Luther 

 to Montesquieu, New York, London, 1916, pp. 238-239. 



