General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.Guizot, François
History
General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.
Guizot, François
Europe -- Civilization
The reciprocal ties that united the possessors of fiefs, the
duties attached to their tenures, the obligations of service on
one side, of protection on the other, are well known. I will not
enter into their detail; a general idea of them is sufficient for
my purpose. There must necessarily have flowed from them a
certain number of ideas and moral sentiments, conceptions of
duty, and feelings of attachment, impressed on the mind of each
proprietor. That the principle of fidelity, of devotedness, of
loyalty to engagements, and all the sentiments thereunto
persuading, were evolved and sustained by the mutual relations
amongst the holders of fiefs, is sufficiently evident.
It was attempted to convert these obligations, duties, and
feelings, into rights and institutions. Every one is aware that
the feudal system endeavoured to make matter of legal regulation
the services that the possessor of the fief owed to his superior,
and those that he might claim in return, the cases in which the
vassal could be called upon by his suzerain for a military or
money aid, and the forms in which he might obtain the consent of
his vassals for services to which they were not bound by the
holding of their fiefs. They essayed to put all these rights
under the guarantee of institutions calculated to insure respect.
Thus, the seignorial jurisdictions were intended to administer
justice between holders of fiefs, upon reclamation to their
common suzerain. Thus, also, every considerable lord gathered his
vassals into a parliament, in order to treat with them upon
affairs which required their consent or co-operation. In fact,
there was a concourse of political, judicial, and military modes,
by which they strove to organise the feudal system, and to
convert the relations of the possessors of fiefs into rights and
institutions.
But these rights and institutions had no substantiveness or
guarantee.
When we are asked in what a political guarantee consists, we are
induced to acknowledge that its fundamental character is the
constant presence in society of a force, disposed and conditioned
to impose law upon individual will and power, and to compel their
observance of rules laid down for all, and their respect to
general rights.
There are only two possible systems of political guarantees.
Either there is requisite one particular will or force, so
superior to all others, that none can resist it, and to which all
are obliged to submit when it interferes; or a public force and
will, the result of the concurrence and demonstration of
individual wills, is required to be in such a state, when once
fairly developed, as to awe and impose submission upon all.
Therefore the despotism of a single man or body, or a free
government, are the only two possible systems of political
guarantees. When we come to review the various governing forms,
we shall find that they are all assignable within one or other of
these systems.
{82}
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account