History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
Such were the free institutions and the meetings for common
deliberation, of separate localities. These primitive
_plaids_ correspond to the ancient assemblies of the Germans
in Germany.
{151}
Besides the _plaids_ of freemen, appears the jurisdiction of
the nobles or important landowners over the persons who dwelt on
their domains. The chieftain distributed justice to his comrades,
or, as they had now become, his colonists. His jurisdiction was
not, however, altogether arbitrary; his comrades were his
assessors in his court. The _conjuratores_, who attested the
truth of the facts stated, almost entirely settled the affair. If
we consider these institutions in their origin, we find that the
seignorial courts of justice, although obscure and somewhat
inactive, existed simultaneously with the assemblies of freemen,
exempt from the circumscription and jurisdiction of the officers
of the crown. The jurisdiction of the churches was derived from
the jurisdiction of the seigneurs, and both were exercised in
virtue of the proprietorship of the domain, which rendered the
landlord the patron of its inhabitants.
Rudiments Of Feudalism.
These are the first rudiments of that feudal organization which,
by establishing the authority and jurisdiction of the seigneur
over his tenants, vassals or colonists, constantly tended to
destroy the authority and jurisdiction of the assemblies of free
men. A conflict began between the feudal principle of
hierarchical subordination, and the principle of the union of
equals in common deliberation. This conflict commenced as early
as the beginning of the epoch which now occupies our attention.
Let us now examine how the royal power was exercised in separate
localities during this period. The dukes, counts, centeniers, and
others, were probably at the outset, as I have already observed,
not mere delegates of the king, but the natural chieftains, the
most powerful and extensive landowners. It is quite erroneous to
believe that, originally, a county corresponded to what is now
called a department, and that the king appointed and sent a count
to govern it as he now sends a prefect. The king, the head of the
nation, naturally directed the most important man in the district
to convoke together the free men of the district for military
purposes, and to collect the revenues of the royal domains; and
this person thus received a sort of appointment from the king.
The increasing importance of the palace and court of the
kings--the influence of Roman institutions and ideas, at length
made this appointment the source of a title. The counts became
Leudes, and _vice versâ_, the Leudes became counts.
{152}
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