Everywhere the Universities arise; from Bologna come out the corporation
of the lawyers, the students of the code, the men whose decisions were
final, who led mediæval society as the scientists lead ours to-day;
and everywhere they tended to the two bases of the Roman idea—absolute
sovereignty in the case of the State, absolute ownership in the case of
the Individual.
The logical end of such a movement should have been the Empire—citizens
all equal before the law, the feudal system destroyed, the Church
dominated by the State, the will of the prince supreme. But Europe
contained a hundred elements beside the lawyers, though these were the
most permanent and active force of her civilisation. The Manorial unit
was strong; there are places where it survives to-day.[5] The aristocracy
was strong. In Poland and England it ended by conquering the Crown and
the Roman law. The Church, affected as it was by the new ideas, still had
a host of anomalous habits and institutions, grown up since the fall of
the Empire.
In the anarchy of the dark ages the framework of intense local
differences had been constructed; the village, the guild, the chapter,
each had their special customs born of isolation. Finally, the spirit of
secondary nationalities was powerful in many places; notably among the
Germans it conquered every other tendency.
Now France was especially favourable to the growth of the influences of
this law; she was very Roman by tradition, and by tradition Imperial.
Charlemagne had left his clothes to Germany, but his spirit to Gaul.
The sub-nationalities, Provence, Normandy, the Gascons, had, in spite
of their local patriotism, epics in which they harped on “Doulce
France Terre Majeure.” But though the national forces on the whole
inclined towards the lawyers and the Crown, the path by which absolute
centralisation could be reached was tortuous and had to be well chosen.
The nobles are slowly bereft of political power, but their privilege
remains; the peasant gradually acquires the land, but many feudal dues
lie on a tenure which has lost all its feudal meaning. The Church becomes
the king’s, but it remains in administration of its vast possessions: to
the last the Crown works through (or attempts to work through) the local
organisation that was once supreme and is fast dying.
You may compare the progress of the Capetians towards absolute power to
the action of a gentleman who obtains an estate at the cost of perpetual
bribery, and finds himself crippled when he has at last succeeded.
Finally, the lawyers themselves become sterilised in the general decay
which their policy has created. Even the Crown is half-allied to the
privileged bodies in practice, and altogether allied in sentiment; the
government which had for centuries created and sustained the people now
found itself remote from them and the source of its power cut off.
Public-domain text, read in full here on John Shaqi.
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