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
These divisions of the soil had a double object. On the one hand,
they formed the most certain means of insuring order and
discipline; and on the other hand, they supplied the inhabitants
with the most convenient method for transacting their public
business in common.
By a police regulation which I have already mentioned, every free
individual, above twelve years of age, was obliged to enrol
himself in a certain association, which he could not abandon
without the permission of the chief. A stranger might not remain
for more than two days with a friend, unless his host gave surety
for him, and at the end of forty days he was compelled to place
himself under the surveillance of some association. It is
remarkable that the details of these laws of classification and
subordination were almost the same in all those parts of the
Roman Empire occupied by the barbarians--in Gaul and Spain, as
well as in England. When one of the members of a special
association had committed a crime, the association was obliged to
bring him to trial. This point has given rise to much discussion
among learned men.
{43}
The County Courts.
Some have maintained that the association was bail for its
members, not only for their appearance before the court of
justice, but also for the crime which they might have committed.
I think that every Anglo-Saxon association was bound only to
bring the culprit to trial. If he had made his escape, the
association had to prove, sometimes by twelve and sometimes by
thirty witnesses, that it knew nothing of his whereabouts; and it
was fined only when it could not produce witnesses to prove that
it had not abetted his escape. This obligation of every local
corporation to pay for its guilty and absent members, existed
also in Gaul at this time. The Gallic corporation was moreover
answerable for the execution of the sentence: I do not think this
was the case in England, where it was bound only to bring the
culprit to trial.
Public-domain text, read in full here on John Shaqi.
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