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mentioned as taking part in the election of a duke; and in 1068
and 1069 as engaged in the nomination of a bishop。 In 1130 the
Duke Sobeslav convened an assembly of 3000 persons; nobiles et
ignobiles; to judge those who had conspired against him。 At a
later period; after the beginning of the twelfth century; the
common people disappear from these assemblies; and the proceres
and majores natu remained alone with the high clergy to discuss
the affairs of the State。 But in the early days with which we are
at present concerned the constitution of the Bohemian snem was
not very unlike that of an ordinary folkmote; to which all
classes of society were equally summoned。 Like the folkmotes of
the Baltic Slavs; the Bohemian generalis conventus was not a
periodical assembly。 Like them also; its decisions were the
result of a unanimous consent; a fact which is shown by the
contemporary documents; when they state that this and that matter
have been settled at the assembly 〃communio consilio et voluntate
pari〃 (Cosmus of Prague; ii。 87); or even more explicitly; 〃de
consensu omnium;〃 〃unanimiter。〃
The election first of the duke and later on of the king; the
nomination of the bishop; the confirmation or rejection of the
laws proposed by the king and his council; the judicial decision
of certain exceptionally important cases; such were the regular
functions of the Bohemian folkmote。 You will have no difficulty
in seeing that these functions are the same as those of the
popular assemblies of the Baltic Slavs。
In Poland; the folkmotes; known under the name of
congregationes generales; sometimes also under that of conciones;
coltoquia; or consilia; were in early days composed not only of
the higher orders of society; but also of the common people。 The
Latin Chronicle of Gallus mentions an occasion on which king
Boleslaus 〃imprimis majores et seniores civitatis; deinde totum
populum in concionem advocavit。〃 The meaning of this quotation
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