Part I.

[Transcriber's note: This production is based on

https://archive.org/details/historyoforigino00guiz/page/n9.

The lecture subheadings (page headers) are shown in italics.

The publisher has included a lengthy list of other books

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Bohn's Standard Library.

Guizot's

Representative Government.

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History Of The Origin Of

Representative Government

In Europe.

By M. Guizot.

Translated By Andrew E. Scoble,

London:

Henry G. Bohn, York Street, Covent Garden.

1852.

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Printed By Harrison And Son,

London Gazette Office, St. Martin's Lane;

And

Orchard Street, Westminster.

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Preface.

In 1820, at the time when the various faculties of the

_Académie de Paris_ and the _Collège de France_ were

recommencing their courses of lectures, several persons combined

to establish a _Journal des Cours Publiques_, in which they

reproduced, from their notes, the lectures which they had

attended. The course which I delivered, at this period, on the

history of Representative Government, occupies a place in this

collection. I did not revise the analyses of my lectures which

were published. They were brief and incomplete, and frequently

incorrect and confused. I have been requested to authorize a

reprint of them. I could not consent to this without bestowing

upon these analyses, at the present day, that labour of revision

to which they were not subjected at the time of their

publication. The two volumes which I now publish are the result

of this labour, which has been more protracted, and has involved

more considerable alterations than I at first anticipated. In

order to accomplish it, I have frequently had recourse to my

_Essaies sur l'Histoire de France_, in which I embodied, in

1823, some of my researches on the same subject. This course of

lectures on the origin of Representative Government is now as

exact and complete as if my lectures in 1820-1822 had been

collected and revised with the same care as I bestowed, in

1827-1830, on the publication of my courses on the General

History of Civilization in Europe, and on the History of

Civilization in France.

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When, in the year 1820, I devoted my energies to this course of

instruction, I was taking leave of public life, after having,

during six years, taken an active part in the work of

establishing representative government in our own land. The

political ideas and friends with whom I had been associated were,

at that period, removed from the head of affairs. I connected

myself with their reverses, without abandoning our common hopes

and efforts. We had faith in our institutions. Whether they

entailed upon us good or evil fortune, we were equally devoted to

them. I was unwilling to cease to serve their cause. I

endeavoured to explain the origin and principles of

representative government, as I had attempted to practise it.

How shall I speak, at the present day, of bad fortune and

reverse, in reference to 1820? What shall we say of the fate

which has recently overtaken our fatherland, and of that which is

perhaps in store for us? It is a shame to make use of the same

words in respect to evils and dangers so prodigiously unequal. In

truth, the trials of 1820 were severe and painful, yet the State

was not thrown into confusion by them, and they were followed by

ten years of regular and free government. In 1830, a still

severer trial, the test of a revolution, was applied to our noble

institutions, and they did not succumb; they shook off the

revolutionary yoke, and gave us eighteen years more of order and

liberty. From 1814 to 1848, notwithstanding so many violent

convulsions, constitutional monarchy remained standing, and

events justified the obstinacy of our hopes. But now the storm

has struck every institution, and still threatens to destroy all

that survive. Not merely kings and laws, but the very root of

government, of all government--what do I say?--the roots of

society itself have been reached, and are left bare and almost

torn up. Can we again seek safety at the same source? can we

still believe and hope in representative government and monarchy?

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I have not escaped, any more than other persons, from the anxiety

occasioned by this doubt. Nevertheless, in proportion as the

events which have weighed upon us, for the last three years, have

received development and elucidation--when I beheld society

pausing, by an effort of its own, on the verge of that abyss to

which it had been brought by its own weakness--I felt the revival

in my soul of that faith and hope which have filled my life, and

which, until these last days, have constituted the faith and hope

of our time. Among the infinite illusions of human vanity, we

must number those of misfortune; whether as peoples or as

individuals, in public or in private life, we delight to persuade

ourselves that our trials are unprecedented, and that we have to

endure evils and to surmount obstacles previously unheard of. How

deceitful is this consolation of pride in suffering! God has made

the condition of men, of all men, more severe than they are

willing to believe; and he causes them, at all times, to

purchase, at a dearer price than they had anticipated, the

success of their labours and the progress of their destiny. Let

us accept this stern law without a murmur; let us courageously

pay the price which God puts upon success, instead of basely

renouncing the hope of success itself. The leading idea, the

national desire of France, in 1789, was the alliance of free

institutions with hereditary monarchy. We have been carried far

away from our design; we have immensely deceived ourselves and

gone astray in our presumptuous hopes; but we should no less

deceive ourselves in our sceptical despondency. God, who permits

the burden of their faults to fall upon nations, does not make

their own life to be to them a continuous falsehood and a fatal

snare; our whole history, our entire civilization, all our

glories and our greatness urged and led us onward to the union of

monarchy and liberty; we have often taken the wrong road in our

way towards our object; and in order to reach it, we shall still

have to take many new roads and to pass over many difficult

spots. But let our object remain the same; for there lies our

haven.

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If I should apply, at the present day, to these historical

studies of 1820, all the lessons which political life has given

me since that period, I should perhaps modify some of the ideas

which I have expressed in reference to some of the conditions and

forms of representative government. This system of government has

no unique and solely good type, in conformity to which it must

necessarily and universally be instituted. Providence, which

allots to nations different origins and destinies, also opens to

justice and liberty more than one way of entering into

governments: and it would be foolishly to reduce their chances of

success if we condemned them to appear always with the same

lineaments, and to develope themselves by the same means. One

thing only is important, and that is, that the essential

principles of order and liberty should subsist beneath the

different forms which the interference of the country in its own

affairs may assume amongst different peoples and at different

epochs. These essential and necessary principles of all

representative government are precisely those which, in our days,

are ignored and outraged. I venture to believe that they will be

found faithfully expounded in these lectures; and that on this

account, even at the present day, my work will not be devoid

either of utility or of interest.

Guizot.

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Contents.

Part I.

Representative Institutions In

England, France, And Spain,

From The Fifth To The Eleventh Century.

Lecture I.--Page 1

Simultaneous development of history and civilization.

Two errors in our method of considering the past; proud

disdain, or superstitious admiration.

Historic impartiality the vocation of the present age.

Divisions of the history of the political institutions

of Europe into four great epochs.

Representative government the general and natural aim of

these institutions.

Object of the course; inquiry into the origin of

representative government in France, Spain, and England.

State of mind appropriate to this inquiry.

Lecture II.--Page 23

General character of political institutions in Europe,

from the fourth to the eleventh century.

Political sterility of the Roman Empire.

Progress of the Germanic invasions.

Sketch of the history of the Anglo-Saxons.

Lecture III.--Page 32

Subject of the lecture.

A knowledge of the state of persons necessary

to the proper study of institutions.

Essential difference between antiquity and modern societies,

as regards the classification of social conditions.

State of persons among the Anglo-Saxons.

Thanes and Ceorls.

Central and local institutions.

Predominance of the latter among the Anglo-Saxons.

Its cause.

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Lecture IV.--Page 41

Local institutions among the Anglo-Saxons.

Divisions of territory; their origin and double object.

Internal police of these local associations.

Importance of the county-courts; their composition

and attributes.

Complex origin of the Jury.

Central institutions of the Anglo-Saxons.

The Wittenagemot; its composition, and the

principle on which it was based.

Increasing preponderance of the large landowners

in the Anglo-Saxon monarchy.

Lecture V.--Page 49

The Wittenagemot; its business and power.

Method of its convocation.

Vicissitudes of its character and importance.

The kingly office among the Anglo-Saxons.

Extent and progress of the royal power.

Lecture VI.--Page 55

The true principle of representative government.

Error of classifying governments according to their external

forms.

Montesquieu's error with respect to the origin of the

representative system.

Necessary correlation and simultaneous formation of

society and government.

Rousseau's mistaken hypothesis of the social contract.

The nature of rightful sovereignty.

Confused and contradictory ideas entertained on this subject.

Societies, as individuals, possess the right of being placed

under laws of justice and reason.

Governments ought to be continually reminded of their

obligation to inquire into and conform to these laws.

Classification of governments on this principle.

Lecture VII.--Page 65

Comparison of the principles of different governments with the

true principle of representative government.

Aristocratic governments.

Origin and history of the word _aristocracy_.

Principle of this form of government; its consequences.

How the principle of representative government enters into

aristocratic governments.

Democratic governments.

Origin and consequences of the principle of the sovereignty of

the people.

This principle not identical with that of representative

government.

In what sense representative government is the government

of the majority.

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Lecture VIII.--Page 76

The forms of a government are related to its principle, but are

swayed by circumstances, and vary according to different

degrees of civilization.

What are the forms essential to a representative government?

1st. Division of powers; why absolutely

essential to the principle of representative government;

2nd. Election;

3rd. Publicity.

Lecture IX.--Page 82

Primitive institutions of the Franks.

Sketch of the history of the Frankish monarchy.

The Franks in Germany.

Their settlement in Belgium and in Gaul.

Character and authority of their chiefs after their

establishment in the Roman Empire.

Early Frankish chieftains.

Clovis: his expeditions, wars, and conquests.

Decisive preponderance of the Franks in Gaul.

Lecture X.--Page 86

Division of territory among the sons of the Frankish kings.

Rapid formation and disappearance of several Frank kingdoms.

Neustria and Austrasia; their geographical division.

Early predominance of Neustria.

Fredegonde and Brunehaut.

Elevation of the _Mayors of the Palace_.

True character of their power.

The Pepin family.

Charles Martel.

Fall of the Merovingians.

Lecture XI--Page 94

General character of events under the Carlovingian Empire.

Reign of Pepin the Short.

Reign of Charlemagne.

Epoch of transition.

Reigns of Louis the Débonnair and Charles the Bald.

Norman invasions.

The last Carlovingians.

Accession of Hugh Capet.

Lecture XII.--Page 103

Ancient institutions of the Franks.

They are more difficult of study than those of the

Anglo-Saxons.

Three kinds of landed property; allodial, beneficiary,

and tributary lands.

Origin of allodial lands.

Meaning of the word allodium.

Salic land amongst the Franks.

Essential characteristics of the allods.

Lecture XIII.--Page 109

Origin of military service; its cause and limits.

It was made a general obligation by Charlemagne.

Allodial lands were originally exempt from taxation.

Origin of benefices.

Change in the position of the German chiefs in consequence of

their territorial settlement.

Their wealth.

No public treasury.

The _œrarium_ and _fiscus_ of the old Roman republic.

Formation of the private domain of the kings of France.

Character of benefices.

Error of Montesquieu on this subject.

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Lecture XIV.--Page 116

Proofs of the co-existence of various modes of conferring

benefices, from the fifth to the tenth century.

Of benefices that were absolutely and arbitrarily revocable.

Of benefices conceded for a limited time; the_precaria_.

Of benefices granted for life.

Of benefices granted hereditarily.

General character of the concession of benefices.

Their tendency to become hereditary.

Its prevalence under Charles the Bald.

Military service.

Judicial and domestic service.

Origin, meaning, and vicissitudes of the fidelity due by the

vassal to his lord.

Lecture XV.--Page 124

Of benefices conceded by great landowners to men dependent

upon them:

_First_, benefices conceded for all kinds of services,

and as a mode of paying salary;

_Secondly_, larger proprietors usurp the lands adjoining

their own, and bestow them as benefices on their

subordinates;

_Thirdly_, the conversion of a great number of allodial

lands into benefices, by the practice of

_recommendation_.

Origin and meaning of this practice.

Permanence of freeholds, especially in certain parts of the

Frankish monarchy.

Tributary lands.

Their origin and nature.

Their rapid extension: its causes.

General view of the condition of territorial

property, from the sixth to the eleventh century:

_First_, different conditions of territorial property;

_Secondly_, the individual dependence of territorial

property;

_Thirdly_, the stationary condition of territorial

wealth.

Why the system of beneficiary property, that is to say, the

feudal system, was necessary to the formation of modern society

and of powerful states.

Lecture XVI.--Page 132

Of the state of persons, from the fifth to the tenth century.

Impossibility of determining this, according to any fixed and

general principle.

The condition of lands not always correspondent with that of

persons.

Variable and unsettled character of social conditions.

Slavery.

Attempt to determine the condition of persons according to

the _Wehrgeld_.

Table of twenty-one principal cases of _Wehrgeld_.

Uncertainty of this principle.

The true method of ascertaining the condition of persons.

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Lecture XVII.--Page 141

Of the _Leudes_ or Antrustions.

Men, faithful to the king and to the large proprietors.

Different means of acquiring and retaining them.

Obligations of the _Leudes_.

The _Leudes_ are the origin of the nobility.

Bishops and heads of monasteries were reckoned among the

_leudes_ of the king.

Moral and material of the bishops.

Efforts of the kings to possess themselves of the right of

nominating bishops.

Free men.

Did they form a distinct and numerous class?

The _arimanni_, and _rathimburgi_.

Mistake of M. de Savigny.

Rapid and general extension of the feudal hierarchy.

The freedmen.

Different modes of enfranchisement:

_First_, the _denariales_, enfranchised with

respect to the king:

_Second_, the _tabularii_, enfranchised with

respect to the church:

_Third_, the _chartularii_, enfranchised by a

charter.

Different consequences resulting from these different modes

of enfranchisement.

Lecture XVIII.--Page 148

Simultaneous existence of three systems of institutions, after

the settlement of the Franks in Gaul.

Conflict of these three systems.

Summary of this conflict, its vicissitudes, and results.

Its recurrence in local and central institutions.

Of local institutions under the Frankish monarchy.

Of the assemblies of free men.

Of the authority and jurisdiction of the great landowners in

their estates.

Of the authority and jurisdiction of the dukes, counts, and

other royal officers.

Lecture XIX.--Page 154

Government of Charlemagne.

Apparent revival of free institutions.

Individual independence and social liberty.

Organization of monarchical power under Charlemagne.

His active surveillance over his vassals and agents.

Rapid decline of monarchical institutions after his death.

Definitive predominance of the feudal system.

Central institutions during the same epoch: royalty.

Causes of the progress of royalty, and of the principle of

hereditary succession among the Franks.

Influence of the clergy.

Lecture XX.--Page 163

National assemblies of the Franks; their primitive character,

and rapid decline under the Merovingians.

They regain importance under the Carlovingians; and are held

regularly under Charlemagne.

Letter of Archbishop Hincmar _De ordine Palatii_.

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Lecture XXI.--Page 171

Decay of national assemblies under Louis the Débonnair and

Charles the Bald.

Definitive predominance of the feudal system at the end of the

tenth century.

Cause of this predominance.

Character of feudalism.

No trace of true representative government in France, from the

fifth to the tenth century.

Lecture XXII.--Page 177

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.

Lecture XXIII.--Page 193

Of the various social conditions in the Roman Empire, before

the final invasion of the Barbarians.

The privileged classes, and curials.

Their obligations, functions, and immunities.

Attributes of the _curia_ as a body.

Of the various municipal magistracies and offices.

Of the _Defender_ in cities.

Comparison of the development of the municipal system, and its

relations to the central organization of the State in the Roman

Empire and in modern societies.

Lecture XXIV.--Page 206

Sketch of the history of Spain under the Visigoths.

Condition of Spain under the Roman empire.

Settlement of the Visigoths in the south-west of Gaul.

Euric's collection of the laws of the Visigoths.

Alaric's collection of the laws of the Roman subjects.

Settlement of the Visigoths in Spain.

Conflict between the Catholics and Arians.

Political importance of the Councils of Toledo.

Principal kings of the Visigoths.

Egica collects the _Forum judicum_.

Fall of the Visigothic monarchy in Spain.

Lecture XXV.--Page 215

Peculiar character of the legislation of the Visigoths.

Different sorts of laws contained in the _Forum judicum_.

It was a doctrine as well as a code.

Principles of this doctrine on the origin and nature of power.

Absence of practical guarantees.

Preponderance of the clergy in the legislation of the

Visigoths.

True character of the election of the Visigothic kings.

The Visigothic legislation characterized by a spirit of

mildness and equity towards all classes of men, and especially

towards the slaves.

Philosophical and moral merits of this legislation.

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Lecture XXVI.--Page 229

Central institutions of the Visigothic monarchy.

True character of the Councils of Toledo.

Amount of their political influence.

The _Officium palatinum._

Prevalence of Roman maxims and institutions, among the Goths,

over Germanic traditions.

Proof of this in the local and central institutions of the

Visigoths.

Refutation of the errors of Savigny and the _Edinburgh

Review_ on this subject.

Conclusion.

History of the Origin of Representative Government in Europe · 第 1 / 13 章