A guarantee is a pledge by which a person renders himself responsible to
another for something, and binds himself to secure him in the enjoyment
of it. The word (_garant_) is derived from the Celtic and Teutonic
"warrant." In all the words which we have retained from those ancient
languages we have changed the _w_ into _g_. Among the greater number of
the nations of the North "warrant" still signifies assurance, guaranty;
and in this sense it means, in English, an order of the king, as
signifying the pledge of the king. When in the middle ages kings
concluded treaties, they were guaranteed on both sides by a considerable
number of knights, who bound themselves by oath to see that the treaty
was observed, and even, when a superior education qualified them to do
so, which sometimes happened, signed their names to it. When the emperor
Frederick Barbarossa ceded so many rights to Pope Alexander III. at the
celebrated congress of Venice, in 1117, the emperor put his seal to the
instrument which the pope and cardinals signed. Twelve princes of the
empire guaranteed the treaty by an oath upon the gospel; but none of
them signed it. It is not said that the doge of Venice guaranteed that
peace which was concluded in his palace. When Philip Augustus made peace
in 1200 with King John of England, the principal barons of France and
Normandy swore to the due observance of it, as cautionary or
guaranteeing parties. The French swore that they would take arms against
their king if he violated his word, and the Normans, in like manner, to
oppose their sovereign if he did not adhere to his. One of the
constables of the Montmorency family, after a negotiation with one of
the earls of March, in 1227, swore to the observance of the treaty upon
the soul of the king.
The practice of guaranteeing the states of a third party was of great
antiquity, although under a different name. The Romans in this manner
guaranteed the possessions of many of the princes of Asia and Africa, by
taking them under their protection until they secured to themselves the
possession of the territories thus protected. We must regard as a mutual
guaranty the ancient alliance between France and Castile, of king to
king, kingdom to kingdom, and man to man.
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