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
II. As to the election of kings, which may be regarded as the
natural consequence of the system, or simply of the theocratic
tendency, it is formally laid down as a principle in the _Forum
judicum_, and was the common law of the Visigothic monarchy:
but we must not mistake as to the origin and character of this
institution; in Spain, it was much less an institution of liberty
than an institution of order, a means of preventing civil wars
and the disorders attendant upon usurpations.
From causes difficult to discover, the principle of the regular
hereditariness of royalty did not prevail among the Visigoths as
among the other Barbarian peoples. The throne at the death of the
kings, and even during their lifetime, was the object aimed at by
a host of ambitious individuals, who contested for it _vi et
armis_, and seized or lost it according to the powers of the
claimants and their factions.
{223}
It was against this state of things, much more than with a view
to establish or maintain the right of the nation to choose its
own sovereign, that the election of the monarch by the bishops
and grandees assembled in council at Toledo, was instituted. The
text of the law clearly lays this down. "Henceforth the
sovereigns shall be chosen for the glory of the kingdom, in such
sort that, in the royal town, or in the place in which the prince
shall have died, his successor shall be chosen by the consent of
the bishops, the grandees of the palace, and the people: and not
at a distance by the conspiracy of a few perverse persons, or by
a seditious tumult of an ignorant multitude." Various canons of
the fifth, sixth, seventh and thirteenth councils of Toledo,
inserted as laws in the _Forum judicum_, have as their only
object the repression of attempts at usurpation, and interdict
all seizure of the throne by force, determine what classes of men
can never be eligible to the kingly office, and also guarantee
the lives and property of the families of the dead kings, against
the violence and avidity of their elected successors. In a word,
all tends to prove that this election was intended to counteract
violent usurpation much more than to prevent regular hereditary
succession.
Frequency Of Usurpation.
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