We must array Mr. Lecky against himself, and conclude that the Church did more than “mitigate servitude”; she also produced freedom by the institution of these numerous guilds and unwritten laws, many of which still existed until they were swept away by the Revolution of 1790, which left nothing standing but an omnipotent tyrant, called the State, and a defenceless people, _corvéable_, _taillable_, and guillotinable, at mercy. These “unwritten customs with the force of public law” made Spain the freest country in Europe, until the seventeenth century. To suppress these _fueros_ of the commons, or unwritten constitutional liberties, was one of the chief objects of the Spanish Inquisition, established by royal authority, and aimed chiefly at the bishops, as champions of popular rights. One of its first victims was the saintly Archbishop of Toledo. The Basque provinces retain their _fueros_ intact to this day. In France too liberty succumbed with the Public Law of Europe (1648). In 1314 Philippe le Bel, in order to obtain subsidies, convoked the States General (Les Trois Etats). From that time to 1359, they were convoked seven times. In the first half of the fifteenth century there were fourteen convocations. From 1506 to 1558 there was an interruption of fifty-two years. From Henry II to the minority of Louis XIII, the States met six times. In 1614 was held the last convocation of the Trois Etats, until 1789. Under the despotic Louis XI (1401-83), Philippe de Commines still dared to write with impunity: “Il n’y a roi ni seigneur qui ait pouvoir, outre son domaine, de mettre un denier sur ses sujets sans octroi et consentement, sinon par tyrannie et violence.” (“It would be tyranny and violence for any king or lord to raise a penny of taxation on his subjects, without their leave and consent.”)[23] “Nevertheless,” writes de Tocqueville, “the elections were not abolished till 1692 ... the cities still preserved the right to govern themselves. Until the end of the seventeenth century we find some which were small republics, in which the magistrates were freely elected by the citizens and answerable to them, and in which public spirit was active and proud of its independence” (_Ancien Régime_, p. 83). Mr. Lecky is pleased to attribute to the papal power “some of the worst calamities--the Crusades, religious persecutions, the worst features of the semi-religious struggle that convulsed Italy.... It is not necessary,” he continues, “to follow in detail the history of [what he is pleased to call] the encroachments of the spiritual on the civil power” (II, 155), though it would be more correct to say the encroachments of the civil on the religious power. But it is very necessary to do so, because though the main object of these struggles of the spiritual power with despotic kings was the independence of the Church, it cannot be gainsaid that personal and civil liberty were thereby enhanced, as Lecky himself admits (p. 235).