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Tamoskaro Directory 08
Page 03
In the history of constitutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circumstances of the next reign. The idea of contract certainly pervades the document, but only as the expression of the always existent contract between the suzerain and his vassals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.
In the Council, generally called _Concilium Africanum_, held A.D. 408, "stage-playes and spectacles are forbidden on the Lord's-day, Christmas-day, and other solemn Christian festivalls." Theodosius the younger, in his laws _de Spectaculis_, in 425, forbade shows or games on the Nativity, and some other feasts. And in the Council of Auxerre, in Burgundy, in 578, disguisings are again forbidden, and at another Council, in 614, it was found necessary to repeat the prohibitory canons in stronger terms, declaring it to be unlawful to make any indecent plays upon the Kalends of January, according to the profane practices of the pagans. But it is also recorded that the more devout Christians in these early times celebrated the festival without indulging in the forbidden excesses.
Frogs and other amphibians stand higher in the scale of life than fish; they have acquired legs in place of fins, and lungs instead of gills; they can hop about on shore with perfect freedom. Now, frogs still produce a great deal of spawn, as every one knows: but the eggs in each brood are numbered in their case by hundreds, or at most by a thousand or two, not by millions as with many fishes. The spawn hatches out as a rule in ponds, and we have all seen the little black tadpoles crowding the edges of the water in such innumerable masses that one would suppose the frogs to be developed from them must cover the length and breadth of England. Yet what becomes of them all? Hundreds are destroyed in the early tadpole stage--eaten up or starved, or crowded out for want of air and space and water: a few alone survive or develop four legs, and absorb their tails and hop on shore as tiny froglings. Even then the massacre of the innocents continues. Only a tithe of those which succeeded in quitting their native pond ever return to it full grown, to spawn in due time, and become the parents of further generations.
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