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
The code of the Visigoths presents no trace whatever of the first
of these systems, and scarcely any of the second; the third
immensely predominates. There was no _mallum_, no
_placitum_, no assemblies of free men in the provinces; no
enactment ordains, or even refers to them. Scarcely does there
exist any indication of the power of the patron over his client,
of the landowner over the inhabitants of his domains. The law
which I quoted in my last lecture, with reference to slaves,
proves that, even in their case, the jurisdiction belonged to the
royal judge of the district.
{238}
Various Kinds Of Magistrates.
The _Forum judicum_ mentions a large number of local
magistrates who were invested with the power of administering
affairs and distributing justice. "As there is a great variety in
the means of remedying evils and terminating affairs, let the
duke, count, vicar, conservator of the peace (_pacis
assertor_), _tinfadus, millenarius, quingentenarius,
centenarius, decanus, defensor, numerarius_, and those who are
sent to any place by order of the king, and those who are
accepted as judges by the agreement of the litigant parties,--
let all persons, in fine, of whatever order they may be, who are
regularly invested with power to judge, and each person in such
proportion as he has received power to judge, equally obtain from
the law the name of judges, in order that, having received the
right to judge, the duties as well as the advantages connected
with that right may devolve upon them."
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