Sidebilder
PDF
ePub

in the recitals of numbers of observers of savage and barbarous nations. There is nothing primitive in it, nothing peculiar to one race. It was in the effects of a strongly determined social system, in the progress, in the preponderance of domestic life that the importance of women in Europe originated; and the preponderance of the domestic life became, very early, an essential feature of the feudal system.

A second fact, a fresh proof of the empire of the domestic life, equally characterises the feudal family; this is the spirit of inheritance, of perpetuation, which was evidently all powerful. The spirit of hereditary right is inherent in the family spirit ; but it has nowhere been so fully developed as in feudalism. This proceeded from the nature of the property with which the family was incorporated. The fief was not like any other property; it constantly needed a possessor who could defend it, work for it, acquit himself of the obligations inherited with the domain, and thus maintain it in its rank in the general association of the masters of the country. From this sprang a kind of identity between the actual possessor of the fief and the fief itself, and all the generations of its future possessors.

This circumstance contributed greatly to strengthen and draw closer the family ties, already rendered so powerful by the nature of the feudal family.

The Feudal System. II.

GUIZOT.

I now leave the seignorial dwelling, and descend amongst the little population that surrounds it. Here, everything has a different aspect. The nature of man is so good, so fertilizing, that when a social position has lasted for some time, it establishes between those who are connected by it, whatever may be conditions of the connexion, a kind of moral bond, sentiments of protection, benevolence, and affection. Thus it was in feudal

ism. No doubt, in the course of time there may have sprung up some moral relations, some habits of affection, between the colonists and the possessor of the fief. But this must have happened in spite of their relative position, not from its influence. Considered in itself, the position was radically bad. There was nothing morally common between the possessor of the fief and the colonists; they were part of his domain, they were his property; and under this word property are comprised all the rights which we now call rights of public sovereignty, as well as the rights of private property, the right of imposing laws, taxes, and punishments, as well as that of disposing of, and selling. As far as this can be said of the relative position of man to man in any case, there were between the lord and the cultivators of his domains, no rights, no guarantees, no society.

This was, I fancy, the cause of that truly intense and invincible hatred with which the people have, at all times, regarded the feudal system, the remembrance of it, its very name. It is not an unexampled case for men to submit to oppressive despotisms, and become accustomed to them, even so far as almost to prefer them. Theocratic and monarchical despotism have more than once obtained the approbation, almost the affection of the population submitted to them. Feudal despotism has always been repulsive, odious; it has oppressed the destinies, but never reigned over the souls of men. The reason is, that in the theocracy and the monarchy, the power is exercised in virtue of certain persuasions common to the master, and to the subjects; it is the representative, the minister of another power, superior to all human powers; it speaks and acts in the name of the Divinity, or of a general idea, not in the name of man himself, of man alone. Feudal despotism is quite another thing; it is the power of an individual over an individual, the dominion of the personal and capricious will of a man. It is, perhaps, the only tyranny, which, to his eternal honour, man will never consent to accept. Whenever he sees in his ruler, a mere man, when the will which oppresses him is only a human will, individual as his own, he is offended, and endures the yoke with indignation. Such was the true,

distinctive character of the feudal power; and such is the origin of the antipathy which it never ceased to inspire.

The religious element which was associated with it was little calculated to lighten the burden. I do not fancy that the influence of the priest was much, in the little society which I have described, nor that he was very successful in legitimating the connection between the inferior population and its lord. The church has exercised a very great influence over European civilization, but this it has done by proceeding in a general manner, by changing the general dispositions of mankind. When we examine closely into the little feudal society, properly so called, we find the influence of the priest between the lord and the colonists to be hardly anything. Most frequently he was himself as rough and inferior as a serf, and very little able, either by situation or disposition, to oppose the arrogance of the lord. No doubt, as he was only called upon to sustain and develop some moral life in the inferior population, he was dear and useful to them on this account, and he probably diffused something of consolation and life; but he could do, and did, I conceive, very little for their fortune.

I have examined the elementary feudal society; I have placed before you the principal consequences which might accrue from it, either to the possessor of the fief himself, to his family, or to the population congregated around him. Let us now leave these narrow bounds. The population of the fief was not confined to the territory, there were other societies, analogous or different, to which it bore relation. What influence did this general society to which it belonged exercise over civilization?

I will make a short observation before replying: it is true that both the possessor of the fief and the priest belonged to a general society, they had, at a distance, numerous relations. It was not the same with the colonists, and serfs: every time that, to designate the rural population, at this period, we employ a general word, which seems to imply one and the same society, the word people, for example, we speak untruly. There was for this population no general society; its existence was entirely local. Beyond

the territory which they inhabited the colonists had no connexion with anyone, were neither bound to any one, or to anything. There was for them no common destiny, no common country; they did not form a people. When we speak of the feudal association as a whole, it is the possessors of fiefs only that are con

cerned.

Let us see what were the relations of the petty feudal society with the general society with which it was connected, and what consequences these relations would probably have on the develo ment of civilization.

You know what ties bound the possessors of fiefs among themselves, what relations were attached to their property, what were the obligations of service on the one part, and protection on the other. I shall not enter into the details of these obligations, it is enough that you have a general idea of them. From them there was necessarily implanted in the mind of each possessor of a fief a certain number of moral ideas and sentiments, ideas of duty, sentiments of affection. It is obvious that the principle of fidelity, of devotion, of loyalty to engagements, and all the sentiments connected with these, must have been developed and maintained by the relations of the possessors of fiefs among themselves.

These obligations, duties and sentiments, endeavoured to convert themselves into rights and institutions. Every one knows that feudalism desired to regulate by law the extent of the services due from the possessor of the fief to his suzerain; what were the services he might expect in return; in what cases the vassal owed military or pecuniary aid to his suzerain; in what form the suzerain ought to obtain the consent of his vassals for services to which they were not bound by the simple possession of their fief. Attempts were made to place all these rights under the guarantee of institutions the object of which was to ensure respect towards them. Thus, the seignorial jurisdictions were to dispense justice between the possessors of fiefs, upon claims carried before their common suzerain. Thus, every lord of any importance assembled his vassals in parliament, to treat with them on matters which required their consent or concurrence. There were, in short, a

collection of political, judicial, and military powers, by which they attempted to organise the feudal system, to convert the relations of the possessors of fiefs into rights and institutions.

But these rights and institutions had no reality, no guarantee. If we inquire what is the nature of a guarantee, a political guarantee, we arrive at the perception that its fundamental character is the constant presence, in the midst of the society, of a will, a power with the inclination and the ability to impose a law upon individual wills and powers, to make them observe the common rule, and respect the general right.

There are only two possible systems of political guarantees : there must either be a particular will, and power, so superior to all others, that none can resist it, and that all are compelled to submit to it, as soon as it interferes; or else a public power, and will, the result of the concurrence and development of individual wills, which must likewise be in a condition, when it has issued from them, to rule over and obtain respect from all.

Such are the only two possible systems of political guarantees : the despotism of an individual, or of a body, or free government. When we review all systems, we find that they are all included under one or other of these.

Well, neither one nor the other existed, or could exist, under the feudal system.

Doubtless, the possessors of fiefs were not all equal among themselves; there were many more powerful than the rest, and many powerful enough to oppress the weaker. But there was not one, to begin with the highest suzerain, the king, who was in a condition to impose law on all the others, in a condition to compel obedience. Observe that all permanent means of power and action were wanting: there were no permanent troops, no permanent taxes, no permanent tribunals. The social powers and institutions were, in some sort, obliged to recommence, to be recreated each time they were needed. It was necessary to organize a tribunal for every process, an army for every war, a revenue whenever there was need of money; every thing was occasional, accidental, special; there was no means of central,

« ForrigeFortsett »