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
Whosoever, from pure wickedness, and by his own hand or that of
another, shall have killed his slave without bringing him to
public trial, shall be branded with infamy, declared incapable of
giving evidence, and doomed to pass the rest of his life in exile
and penitence; and his property shall be given to his nearest
relatives, to whom the law grants it as an inheritance."
This law alone, and the efforts which its passage reveals, do
great honour to the Visigothic legislators; for nothing honours
the laws and their authors so much as a courageous moral conflict
against the bad customs and evil prejudices of their age and
country. We are often forced to believe that the love of power
has a great share in the construction of laws which aim at the
maintenance of order and the repression of violent passions; the
excess of passion borders closely on the rights of liberty, and
order is the hackneyed pretext of despotism. But here, power has
nothing to gain; the law is disinterested; it seeks after justice
only; it seeks after it laboriously, in opposition to the strong
who reject it, and for the benefit of the weak who are unable to
call in its aid--perhaps, even, in opposition to the public
opinion of the time, which, after having had great difficulty in
looking on a Roman as a Goth, had still more in regarding a slave
as a man. This respect for man, whatever may be his origin or
social condition, is a phenomenon unknown to Barbarian
legislation; and nearly fourteen centuries elapsed before the
doctrine passed from religion into politics, from the Gospel into
the codes. It is therefore no slight honour to the Visigothic
bishops that they did their best to guard and transfer into the
laws this noble sentiment, which it is so difficult to
disentangle from the meshes of fact, and which is continually in
danger of being crushed beneath the pressure of circumstance.
{228}
Presence Of A Good Principle.
It continually recurs in their legislation, both in general
precepts and in special regulations; and when it yields, either
before the inconsiderate brutality of Barbarian customs, or
before the despotic traditions of Roman jurisprudence--traditions
with which the minds of the Spanish bishops themselves were
imbued--we still discern, even in these bad laws, the obscure
presence of a good principle labouring to surmount the obstacles
beneath which it has succumbed.
{229}
Lecture XXVI.
Central institutions of the Visigothic monarchy.
True character of the Councils of Toledo.
Amount of their political influence.
The _Officium palatinum._
Prevalence of Roman maxims and institutions, among the Goths,
over Germanic traditions.
Proof of this in the local and central institutions of the
Visigoths.
Refutation of the errors of Savigny and the _Edinburgh
Review_ on this subject.
Conclusion.
Defect Of Visigothic Legislation.
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