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
Some writers have thought they perceived, in another institution
which existed at the centre of the Visigothic monarchy, the
principle and instrument of a limitation of the sovereign
authority. I refer to the _officium palatinum_, a species of
council formed around the king, by the grandees of his Court, and
the principal functionaries of the government. The importance of
this council, and its participation in public business, are
attested by a large number of laws passed either independently of
the councils of Toledo, or in virtue of their deliberation. The
words, _cum omni palatino officio, cum assensu sacerdotum
majorumque palatii, ex palatino officio_, and the like,
frequently occur in the code of the Visigoths. These texts and
the voice of history do not admit of a doubt that the _officium
palatinum_ frequently interfered in the legislation, in the
government, and even in the elevation of kings.
It would be a mistake, however, to regard it as a political
institution, a guarantee of liberty, a means of exercising
control and offering resistance. Power could not, in any case,
subsist alone, by itself and in the air; it must, of sheer
necessity, conciliate interests, appropriate forces, in a word,
surround itself with auxiliaries, and maintain its position by
their aid. In the Roman Empire, this necessity had given birth to
the creation of the Court and of the _officium palatinum,_
instituted by Diocletian and Constantine. In the Barbarian
States, it led the kings to surround themselves with
_Antrustions, Leudes_, sworn vassals, and all those natural
or factitious grandees, who, becoming dispersed at a later
period, and settling in their own domains, became the principal
members of the feudal aristocracy. From these two sources arose
the _officium palatinum_ of the Visigothic kings, with this
difference, that, in this point as in others, Roman institutions
prevailed over Barbarian customs, to the great advantage of
absolute power.
The _officium palatinum_ of the Visigoths was composed of
the grandees of the realm (_proceres_), whom the kings
attached to themselves by donations of lands and offices, and of
the principal functionaries, dukes, counts, vicars, and others,
who held their functions from the kings. This court undoubtedly
formed a sort of aristocracy which was frequently consulted on
public affairs, which sate in the councils, and which furnished
the king with assessors whenever he delivered judgments. The
necessity of things required that it should be so; and as
necessity always entails consequences which far exceed the wishes
of those who are constrained to yield to its sway, there is also
no doubt that this aristocracy, on many occasions, thwarted the
kings who could not dispense with its assistance, and thus
limited their empire.
{235}
Influence Of The Aristocracy.
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