Civilization, Medieval; Middle Ages; Socialism -- History
Yet, on the other hand, and by the development of identically the same
principles, the individual gains. His tenure of land becomes far less a
matter of contract. He himself escapes from his feudal chief, and his
inferior tenants slip also from his control. He is no longer one in a
pyramid of grouped social organisation, but stands now as an individual
answerable only to the head of the State. He has duties still; but no
longer a personal relationship to his lord. It is the King and that
vague abstraction called the State which now claim him as a subject; and
by so doing are obliged to recognise his individual status. This new and
startling prominence of the individual disturbed the whole concept of
ownership. Originally under the influence of that pure feudalism which
nowhere existed in its absolute form, the two great forces in the life
of each member of the social group were his own and that of his
immediate lord. These fitted together into an almost indissoluble union;
and therefore absolute ownership of the soil was theoretically
impossible. Now, however, the individual was emancipated from his lord.
He was still, it is true, subject to the King, whose power might be a
great deal more oppressive than the barons' had been. But the King was
far off, whereas the baron had been near, and nearly always in full
evidence. Hence the result was the emphasis of the individual's absolute
dominion. Not, indeed, as though it excluded the dominion of the King,
but precisely because the royal predominance could only be recognised by
the effective shutting out of the interference of the lord. To exclude
the "middle-man," the King was driven to recognise the absolute dominion
of the individual over his own possessions.
This is brought out in English law by Bracton and his school. Favourers
as they were of the royal prerogative, they were driven to take up the
paradoxical ground that the King was not the sole owner of property. To
defend the King they were obliged to dispossess him. To put his control
on its most effective basis, they had no other alternative left them
than to admit the fullest rights of the individual against the King. For
only if the individual had complete ownership, could there be no
interference on the part of the lord; only if the possessions of the
tenants were his own, were they prevented from falling under the
baronial jurisdiction. Therefore by apparently denying the royal
prerogative the civil lawyers were in effect, as they perfectly well
recognised, really extending it and enabling it to find its way into
cases and courts where it could not else well have entered.
Public-domain text, read in full here on John Shaqi.
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