ATTACKS ON THE FEUDAL SYSTEM.

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also, may be adduced in evidence. Before the tenth century, we witness the constant struggle and alternating success of free, monarchical, and feudal institutions. The efforts made in favour of the first two systems, although some were supported by the ancient independence of the Franks, and others by the ability of great kings, were unsuccessful,-a more powerful tendency frustrated and overcame them. When the struggle ceased, when the feudal system had fully prevailed, a new conflict almost immediately commenced; the victorious system was attacked: in the inferior classes of society, by the mass of the inhabitants, citizens, colonists, or serfs, who strove to regain some rights, some property, and some liberty; in the superior class, by royalty, which laboured to resume some general sway, and to become once more the centre of the nation. These new efforts were made, not, as during the period from the fifth to the tenth century, in the midst of the confusion arising from the conflict of opposing systems, but in the very interior of a single system, of the system which had prevailed over, and taken possession of, the whole of society. The combatants are no longer free men, uncertain of their position and their rights, who feebly defend the wreck of their ancient existence against the overpowering invasion of the feudal system; they are citizens, colonists, serfs, whose condition is clear and determined, who become in their turn aggressors, and labour to free themselves from the yoke of feudalism. We no longer behold the king uncertain of his authority, and subject to have it unceasingly attacked, not knowing whether he is king or lord, and defending his power against the Leudes, or great landowners, who attempt sometimes to infringe it, and sometimes to set it aside altogether; now it is the chief of the nobles labouring to make himself the king of all, and to convert suzerainty into sovereignty. From the fifth to the tenth century, the feudal system had been in progress, in development, and in aggression. From the eleventh century onwards, this system had to defend itself against the people and the king. The struggle was long, difficult, and terrible; but the results altered with the position of the combatants. In spite of the servitude into which the people fell in the tenth century, from that time forth the enfranchisement of the people made progress.

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CHARACTER OF FEUDALISM.

Notwithstanding the impotence of the royal power at the same period, thenceforward the royal power gained ground. No effort was vain, no step was retrograde. That monarchical system which the genius of Charlemagne had been unable to establish, was gradually founded by kings far inferior to Charlemagne. Those ancient libèrties, which neither Franks nor Gauls had been able to preserve, were regained piecemeal by the commons and the third estate. During the first period, monarchy and liberty had failed to establish their position; it was destined that monarchy should issue out of feudalism itself, and that emancipation should spring from the bosom of servitude.

With regard to feudalism itself, it is not my intention to sketch its history. I hasten to arrive at that period at which I shall again meet with a nation and a king, and at which endeavours after a free government and a monarchical system will recommence. I will only state here what were the dominant character and general influence of the feudal system, in relation to power and liberty-those two constituent elements of social order.

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The feudal system brought the master into close connection with the subject, and the sovereign with those who depended upon him; in this sense it was a cause of oppression and servitude. It is difficult to escape from a power that is ever near, and almost present. The human will is subject to strange caprices, and never is this more frequently exemplified than when the objects on which it acts are in its power. You breathe a little under an arbitrary power, if it be very lofty and very distant; but if it be at your elbow, , you are truly a slave. Local tyranny is the worst of all; though difficult to avoid, it can easily defend itself. A handful of men have often kept the population of a large town in servitude for ages. The citizens, colonists, and serfs felt themselves so grievously oppressed by the feudal lords that they preferred to their absolute power the absolute power of the kings, even with more extensive and irresistible rights than those possessed by the lords. A certain and general despotism has neither the same interest in being tyrannical, nor the same means of opression. This will explain the intensity of feudal oppression, and the profound hatred which it inspired.

INFLUENCE OF FEUDALISM.

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The feudal system placed the inferior near his superior; and, in this sense, it was a principle of dignity and liberty. Many vassals were equal in rank to each other, and on terms of familiarity; frequently the inequality between the superior and inferior was not great, so that the latter was neither humiliated thereby, nor obliged to play the courtier. Protection was a right; the suzerain had absolute need of his vassals. There was no room, in their relations to one another, for servility and baseness of soul. Moreover, the vassals had reasons and means for banding together to defend themselves against oppression; they possessed common rights and interests. The intimacy in which they lived with their lord prevented the feeling of their mutual rights from becoming effaced within them; thus feudal relations are generally full of dignity and high-spiritedness; a noble sentiment, fidelity instead of submisson, guides their conduct. Now, wherever a profound moral sentiment exists, it must necessarily call others into action; hence the many splendid and honourable developments of human nature under the feudal system: these developments were concentrated, it is true, within the circle of the lords and vassals; but even that is better than the equal abasement of all under an universal despotism.

Thus, whilst feudalism disregarded and insulted both justice and the dignity of man among the masses whom it claimed as subjects, it respected and developed both among its own hierarchy. In this hierarchy, liberty existed, with all its accompaniments. Below were servitude and its attendant evils, with all the shames that follow in their train.

I may now fearlessly affirm that, in the institutions of the period from the fifth to the tenth century, there is no trace of the representative system. We pass from the independence of individuals, sometimes to the power of the king, sometimes to the predominance of the great landowners. But there is no political organization founded upon ideas of general law and public interest; all institutions have reference to private rights and interests. Two opposite forces are in conflict; there is nothing to reveal the division of powers, and their tendency towards one common object. There are no representatives of the rights

176 ABSENCE OF THE REPRESENTATIVE SYSTEM.

of all; none elected in the name of the interests of all; those who have rights exercise them personally; those who do not exercise them personally do not possess them. The ecclesiastics alone preserve the idea of the general right of all men to justice and to good government; but this idea is not transfused into any institutions. Neither the philosophic principle, nor any of the true external characteristics of representative government, can anywhere be met with.

LAWS OF THE VISICOTHS.

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LECTURE XXII.

Political institutions of the Visigoths.-Peculiar character of Visigothic legislation. Its authors and its influences.-Destruction and disappearance of the middle class in the Roman empire, at the time of the Barbarian invasion.- History of the Roman municipal system.-. Three epochs in that history.

IN conformity to the plan which I sketched out for our guidance at the commencement of these lectures, I have studied with you the political institutions of the AngloSaxons and Franks, from the fifth to the tenth century. I now come to those of the Visigoths, the third of the Barbarian peoples established in the Roman empire, about whom I propose to give you some information.

On opening the collection of the laws of the Visigoths, it is impossible not to be struck with the compactness which distinguishes them. The Franks and Burgundians have laws partially anterior to their establishment upon the Roman territory; customs handed down and gathered together from age to age. The Visigoths have a code which was systematically drawn up, and promulgated on an appointed day.

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This fact alone indicates that the laws of the Visigoths were not the work of the Barbarians themselves. influence of the clergy, indeed, was more potent among the Visigoths than among the other Barbarian conquerors; not only did the clergy take part in their government, but they acted as their civil and political legislators. The Visigothic code was their work. How did this happen?

Before the foundation of the Barbarian States, under the dominion even of the last Roman emperors, the power of the new religion gradually placed the Christian clergy at the head of the peoples; the bishop was the defender and chief of the towns. After the conquest, the Barbarians embraced the religion of the vanquished; and as the Christian clergy were powerful in the towns, by virtue of the municipal institutions, they used every effort to preserve to the muni

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