The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
The history shows us these men in their frantic cruelty, butchering the
inhabitants of conquered Jerusalem, men, women, and children without
distinction, delighting in their torment, and then, smeared with their
blood, moving in procession to the holy places, singing their Christian
songs of praise, all dissolved in tears of deepest emotion. They had
left Europe in swarms, many so ignorant as not to know whether the holy
land which they sought lay on this earth or in those regions which they
had heard called heaven--so frenzied in their fanaticism as to forget
that they might still have bodily wants, and hence throwing away their
effects, and yet so low in their ideas as only to enjoy physical things.
Such are very much the men for which these laws seem to have been made.
Upon one leaf we read: 'That man is without sentiments of honor, though
he be of highest rank, who, being called to stand as counsel by the
lowest vassal, before a tribunal of justice, declines to do so; for they
are all alike the true followers of Christ;' and by the side of this
that most unchristian of all legal institutions, slavery, assumes a form
so barbarous that the legislator does not blush to place slaves, though
among them were Christians, on the same level with domestic animals.
This same irreconcilable opposition which appears in moral principles,
shows itself again in the political foundation of the assizes.
Originating in the clash of arms, grown up in the contests and
necessities of war, on a soil where nothing but constant war could save
it from annihilation, the system is purely martial--made for conflict
and strife. And still it is but one side which shows this character;
for, in the midst of this precarious existence of the new kingdom, is
seen an elevation of commerce till then unknown--a pursuit of trade for
which feudal ideas had provided no place. As Schiller declared that the
Crusaders laid the foundation of civil liberty in Europe, so we may say
that in the assizes of Jerusalem the narrow views in regard to civil
life, which controlled the west of Europe in the middle ages, were
exploded. Here the idea of the modern state dawned, though of course and
singularly enough, side by side with its absolute antithesis, the feudal
state in its purest form.
In the ancient view, it was natural that any man should rule who had the
power, and incomprehensible that any one should allow himself to be
ruled who could avoid it. Any other than a forced relation to a lord was
nonsense to antiquity, and the moral duty of obedience was unknown.
The idea of voluntary obedience, however, having dawned and become
penetrated with the light of Christianity, formed the first element of
the feudal system. No prescribed series of duties within the cold
enclosure of legal forms bound mutually to each other the lord and his
vassal. They were bound by the all-embracing feeling of fidelity. Hence
the Lombard law of feuds compares the relation to that of husband and
wife.
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