Necessity Of Hard Study.
You will find, gentlemen, as you watch the development of the political institutions of Europe, that the experience of all ages confirms this of our own. You will not find that those grand designs that have been formed for the promotion of truth, justice, and progress, have ever emanated from the abode of sloth, of frivolity, and antipathy to all that demands labour and patience. As you trace back such enterprises to their source, you will always find there, serious aspect and grave determination, existing, so to speak, in their early life. Only by men formed in this mould have public laws and liberties been defended. They have, according as the wants of their age impelled them, resisted disorder or oppression. In the gravity of their own life and thoughts they have found a true measure of their own dignity, and, in their own, of the dignity of humanity. And, gentlemen, do not doubt, in following their example, of achieving also their success. You will soon become convinced that, in spite of the tests to which it has been exposed, our age is not among the most unrestrained that have existed. You will see that patriotism, a respect for law and order, a reverence for all that is just and sacred, have often been purchased at a far heavier price, and have called for severer self-denial. You will find that there is as much feebleness as ingratitude in the disposition that is intimidated and discouraged by the sight of obstacles which still present themselves, when obstacles of a far more formidable character have not wearied the resolution of noble men of former times. And thus, while early exercising your minds in all those habits which will prepare man for the duties of an exalted destiny, you will meet with nothing that will not continually deepen your attachment to your age and to your country.
Characteristics Of The Present Time.
So far as I myself am concerned, may I be allowed, gentlemen, in entering with you to-day upon the study of the ancient political institutions of Europe, to congratulate myself on being able to approach the subject with the liberty that is suitable to it. It was in works of a similar character that I commenced my intellectual life. But at that time the public exposition of such facts and of the ideas related to them, was hardly permitted.
Power had arrived at that condition in which it fears equally any representation of the oppression of peoples, and of their efforts to obtain liberty; as if it must necessarily meet in these two series of historical reminiscences at once the condemnation of its past acts, and the prediction of its future perils. We are no longer in this deplorable position; the institutions which France has received from its sovereign have liberated at once the present and the past. Such is the moral strength possessed by a legitimate and constitutional monarchy, that it trembles neither at the recitals of history nor at the criticisms of reason. It is based upon truth,—and truth is consequently neither hostile nor dangerous to it. Wherever all the wants of society are recognised, and all its rights give each other mutual sanction and support, facts present only lessons of utility, and no longer hint at unwelcome allusions. The volume of history can now be spread out before us; and wherever we find the coincidence of legitimacy and constitutional order, we shall behold the prosperity both of governments and of peoples—the dignity of power ennobled and sustained by the dignity of obedience. In all positions, and however great may be the interval which separates them, we shall see man rendering honour to man; we shall see authority and liberty mutually regarding one another with that consideration and respect which can alone unite them in lasting connexion and guarantee their continued harmony. Let us congratulate ourselves, gentlemen, that we are living at a time in which this tutelary alliance has become a necessity,—in which force without justice could only be an ephemeral power. The times to which we shall direct our attention experienced a harder lot; they more than once beheld despotism root itself deeply in its position, and at the same time saw injustice assert its claim to a lasting rule. We, gentlemen, who have seen so many and diversified forms of oppression,—we have seen them all fall into decay. Neither their most furious violence, nor their most imposing lustre, have sufficed to preserve them from the corruption that is inherent in their nature; and we have at length entered upon an order of things which admits neither the oppression of force which usurps power, nor that of anarchy which destroys it.
Conclusion.
Let us, gentlemen, reap all the advantages connected with such an order:—let us show our respect for the distinguished author of this Charter by approving ourselves worthy of receiving, and capable of employing, the noble institutions which he has founded. Our gratitude can offer no purer homage.
Lecture II.
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
Fall Of The Roman Empire.
I have divided the history of the political institutions of modern Europe into four great epochs, the first of which extends from the fourth to the eleventh century. This long interval was required to introduce a little light and fixity into the changeful chaos of those new empires which the successive invasions of the Roman territory by the barbarians had called into being, and whence issued those mighty states whose destiny constitutes the history of modern Europe. The essential characteristics of this epoch are: the conflict and fusion of Germanic customs with Roman institutions, the attempt to establish monarchical government, and the formation of the feudal regime. No general system of political institutions then existed; no great dominant influence can be discerned; all was local, individual, confused, obscure. A multitude of principles and forces, mingling and acting (as it were) by chance, were engaged in conflict to resolve a question of which men were completely ignorant, and the secret of which God alone possessed. This question was: What form of government would issue from all these different elements, brought so violently into contact with each other. Five centuries elapsed before the question was decided, and then feudalism was the social state of Europe.
Causes Of Its Decay.
Before entering, however, upon the history of institutions, let me say a few words upon the progress of the fall of the Roman Empire, and of the invasions of the barbarians.
From the accession of Augustus to the death of Theodosius the Great, the Roman Empire, in spite of its greatness, presents a general character of impotence and sterility. Its institutions, its government, its philosophy, its literature, indeed everything connected with it, bears this sad impress; even the minds of its most illustrious citizens were confined to a circle of antiquated ideas, and wasted in vain regrets for the virtues and glories of the Republic. The fermentation of new ideas produces no decadence; but when, in a great empire, society, feeling itself oppressed and diseased, can conceive no new hopes, no grand ideas,—when, instead of pressing onwards towards the future, it invokes only the recollections and images of the past,—then there is a real decline; it matters not how long the state is in falling, its ruin is thenceforward continuous and inevitable. The fall of the Roman Empire occupied fifteen centuries; and for fifteen centuries it continued to decline, until its downfall was consummated by the capture of Constantinople by the Turks. During this long period, no new idea, no regenerative principle, was employed to reinvigorate the life of the government; it was sustained by its own mass. Towards the end of the third century, when the universal servitude seemed to be most firmly established, imperial despotism began to feel the precariousness of its position, and the necessity for organization. Diocletian created a vast system of administration. Throughout this immense machine, he established underworks in harmony with the principle of his government; he regulated the action of the central power in the provinces, and surrounded himself with a brilliant and puissant court: but he did not rekindle the moral life of the Empire; he merely organized more perfectly a material resistance to the principles of destruction which were undermining it; and it was with this organization that, first in the West as well as in the East, and afterwards in the East alone, the Empire was able to struggle on, from the fourth to the fifteenth century. Theodosius the Great, who died in 395, was the last emperor who tightly held and skilfully managed the heterogeneous bundle of the Roman power. He was truly a great man; for great men appear in disgraceful times, as well as in times of success; and Theodosius was still the master of the Roman world. As soon as he was dead, the dissolution broke out, under his sons Honorius and Arcadius.[Footnote 2]
[Footnote 2: Honorius succeeded peaceably to the sovereignty of the West, which he had received from his father in the preceding year; while his elder brother Arcadius obtained possession of the East.]
Abandonment Of Its Colonies.
There was now no real unity or central force in the government; Rome gradually abandoned her provinces—Great Britain, Armorica, [Footnote 3] and Narbonnese Gaul. [Footnote 4]
[Footnote 3: The country on the north-west coast of Gaul, from the Loire to the Seine.]
[Footnote 4: The Roman province in the south of Gaul, so called from its chief city, Narbo or Narbonne; Cæsar calls it simply Provincia, and hence comes the modern name of Provence.]
Honorius informed the Britons that he should govern them no longer; and directed the inhabitants of Narbonnese Gaul to elect deputies to meet at Arles, and take upon themselves the government of their country. The Empire had become a body destitute of sap and vigour; and in order to prolong the life of the trunk, it was necessary to lop off the branches. But, although despotism was withdrawn from these provinces, servitude remained. It is not easy to return at once to liberty and to political life; and these people, cast upon their own resources, were unable to defend themselves. Great Britain, though more populous than the north of Scotland, was unable to repel a few hordes of Picts and Scots, who, every month, descended from their mountainous abodes, and ravaged the British territory. The Britons besought the Emperor's assistance, and he sent them a legion, which had no difficulty in overcoming enemies who fled before it; but it was soon withdrawn. After its departure, the incursions recommenced, and Britain again implored the Emperor's aid. Honorius sent another legion; but told the suppliants that they must provide for themselves in future, for he would send them no more soldiers. The victorious legion left the country to return no more, and Britain, assailed on all sides by bands of barbarians, exhausted its energies in vain entreaties for deliverance. There still exists a letter, entitled Gemitus Britannûm, in which the unfortunate inhabitants of that country depict their deplorable condition to Ætius, the Patrician of Gaul. "The barbarians," they wrote, "drive us to the sea, and the sea drives us back to the barbarians; so that, between the two, we must be either slaughtered or drowned." With patriotic susceptibility, some English writers—among others Mr. Sharon Turner, in his History of the Anglo-Saxons, [Footnote 5] —have cast doubts upon the authenticity of this letter, as if the honour of England were at all involved in the weaknesses of the Britons of the fourth century.
[Footnote 5: Turner's History of the Anglo-Saxons, vol. i., pp. 180-181.]
However this may be, and whether his aid were besought or not, the Emperor had other matters to attend to, and left the Britons to themselves. He abandoned, in like manner, Narbonnese Gaul and Armorica. This last province, which was less corrupted by the influence of Roman civilization, displayed greater energy than the other two. It took measures for its own defence, by forming a kind of federative league against maritime invasions. Spain, which was also deserted, endeavoured to maintain itself in the same manner against attacks of the same nature; but acted with little vigour, and met with small success. In Great Britain, as well as in Gaul, the Roman government had destroyed the energy of their native independence, and had substituted in its stead nothing but its own artificial and despotic organization. When the Romans withdrew, the children of the Gauls, inhabiting Roman cities, were incapable alike of self-government or self-defence, and fell an easy prey to a few bands of foreign marauders, who had come in search of booty and adventures. Let us briefly glance at the progress of their conquests.
Invasions Of The Germans.
No determinate epoch can be accurately assigned to the first invasions of the Germans. In all ages, their hordes were wont to descend from their forest-fastnesses into countries less wild and more cultivated than their own. Among their early irruptions, the first regarding which we have any precise historical information is that of the Cimbri and Teutones, who, three hundred thousand in number, ravaged Italy during the time of Marius. [Footnote 6]
[Footnote 6: In B.C. 113-101. Marius finally defeated the Teutones at Aix, in the year 102; and the Cimbri, near Vercelli, in the year 101.]
From the age of Augustus to the fifth century, these invasions continued, but were very unequal in importance. Bands of men, unable to find means of subsistence in their own country, entered the imperial territory, and pillaged as they went; their fate was decided by the event of a battle; they were dispersed or annihilated by a defeat, or, if victorious, they took possession of some district which pleased them. Frequently, also, they settled in the country by the consent of the emperors. In the third century, Probus received three or four thousand Franks into Auvergne.
Foundation Of Barbarian Kingdoms.
A band of Alans took up their residence in the neighbourhood of Orleans; there was a colony of Goths in Thrace, and another of Vandals in Lorraine. Those of the barbarian warriors who preferred war and pillage to a fixed habitation, entered the Roman armies. Their chieftains became generals, and even supplied the imperial court with ministers of state. Thus the barbarians were everywhere settled in the country, serving in the armies, surrounding the person of the prince; formidable allies, whose assistance the weakness of the empire was forced to accept, and who were destined to increase in power and influence in proportion as the imperial power decayed.
As soon as the Roman government, by abandoning several of its provinces, proclaimed its inability to maintain its own integrity, the question was decided,—the empire passed to the Germans. During the interval which elapsed between the beginning of the fifth and the end of the sixth century, they founded eight great monarchies, some of which were established by force, whilst others received the partial assent of the emperors.
In 409, the Vandals, Alans, and Suevi, after having ravaged Gaul, and crossed the Pyrenees, founded by armed force, in Spain, three monarchies, which were speedily incorporated into one; and this one, in its turn, was, ere long, destroyed by the Visigoths.
In 429, the Vandals passed from Spain into Africa, and founded a monarchy, which was overthrown by Belisarius.
In 414, the Burgundians founded a kingdom in Gaul, with the consent of the emperors.
In 416, the Visigoths penetrated into Southern Gaul, where they founded the kingdom of Aquitaine; and entered by the north-east into Spain, where they settled, after having destroyed the monarchy of the Suevi.
In 450, the Saxons, led by Hengist and Horsa, invaded Great Britain, and founded the Saxon Heptarchy.
In 476, the Heruli, under the command of Odoacer, founded a monarchy in Italy.
In 481, the Franks, with Clovis at their head, established themselves in Gaul.
In 568, the Lombards, under the command of Alboin, conquered Italy in their turn, and founded a monarchy.
Power Of The Emperors.
I do not propose to write the history of these monarchies; but I shall endeavour to delineate their leading institutions and their social condition. In the first place, however, I shall say a few words on the method of their foundation. We must not suppose that there was, in every instance, a cession or complete abandonment of sovereignty by the Roman empire. The residence of a barbarian chieftain in the country was recognised as a fact. He continued to command his own warriors, but no legal authority was granted him over the old inhabitants. The cities long maintained their connexion with Rome; several of them remained municipalities, and continued to appoint their own magistrates. Several towns in Spain, while the country was under the dominion of the Visigoths, received their civic rulers from Constantinople. The emperors, though daily despoiled of some new territory, nevertheless retained, in almost every quarter, an appearance of empire. Thus we find them conferring on the Frankish kings the titles of Patrician of Gaul, and of Consul. This was their protest against the invasion. In scarcely any case was there a transference of sovereign rights. Societies, when abandoned by their government, either received a new one at the hands of the victor, or endeavoured to create one for themselves.
The Anglo-Saxons.
Among these rising states, I shall first refer to the Anglo-Saxons; then I shall pass on to the Franks; and, finally, to the Visigoths in Spain. I have selected these three nations, because, among them, the institutions of this period are most distinctly marked. The Anglo-Saxons, especially, were placed in a position most favourable for this rapid and complete development. Not only were they more isolated than other peoples; they were also less disturbed by continual invasions of a formidable character. They soon became sole masters of the country. The Britons were almost exterminated; some of them retired into Cornwall, Wales, and Armorica; the others were dispersed, or reduced to servitude. The Anglo-Saxons, moreover, were less under the influence of the old Roman institutions. Among modern nations, they are the people who, so to speak, have lived most upon their own resources, and given birth to their own civilization. This character is discernible in their whole history, and even in their literature. The Greek and Latin classics have produced but little effect upon them; primitive and national customs have maintained their sway in England, and received an almost unmixed development. Among the Franks and Visigoths, the old Germanic national assemblies were either suspended for a long period, or entirely transformed; among the Anglo-Saxons, they never ceased; year after year, they occurred to perpetuate ancient recollections, and to exert a direct influence upon the government. It was, then, among the Anglo-Saxons, that, from the fifth to the eleventh century, institutions received the most natural and complete development. This fact has induced me to commence our studies with their history.
Let me briefly refer to the events which occurred during the period of the Anglo-Saxon Heptarchy. From 426 to 450, the Britons, left to themselves, struggled as they could against the inhabitants of the north of Scotland. In 449, some Saxons from the banks of the Elbe disembarked upon the island. This descent was neither novel nor unforeseen. It was a fact so ancient, that the Roman emperors had appointed a magistrate—comes littoris Saxonici—whose special duty it was to provide for the defence of the coast. It is affirmed, and Hume has repeated the statement, that this Saxon expedition had been summoned by Vortigern, who was then chief of the Britons, to assist him against the Picts and Scots. This appears to me neither natural nor probable; and I find in the chronicler Nennius, a passage which completely disproves the assertion: "Meanwhile," he says, "there arrived from Germany three vessels full of Saxon exiles." [Footnote 7] They came therefore spontaneously, according to their custom. The Britons, reduced to extremities by their untiring enemies, the Picts and Scots, endeavoured at first to use the Saxons against them. But the new-comers quickly discovered their strength, attempted the conquest of the country which they had promised to defend, and succeeded in their attempt. The Britons resisted, and even displayed somewhat of the energy of their ancestors, under King Arthur and other leaders. A long time elapsed before they were finally subjugated or expelled. During the period from 455 to 582, the Saxons founded the seven or eight kingdoms which, composed the Heptarchy, or the Octarchy, as Mr. Sharon Turner maintains. [Footnote 8]
[Footnote 7: Nennius, cap. 31.]
[Footnote 8: History of the Anglo-Saxons, vol. i. p.
320.]
The kingdom of Kent was the first, founded by Hengist. The others were the kingdoms of Sussex, Wessex, Essex, Northumberland (or Bernicia and Deira), East Anglia, and Mercia. This division continued until the year 800. At that time, Egbert, King of Wessex, attempted to subjugate the other kingdoms, and succeeded in reducing five under his sway; but Northumberland and Mercia continued separate, though subordinate kingdoms, until the end of the ninth century.
Reign Of King Alfred.
It was at this period that the Danes and Normans made their way into England: they long contested the possession of the country with the Saxons; and, at the accession of Alfred, the last new-comers held sway almost all over the land. You are all acquainted with the history of this monarch, the greatest of the kings of England. In the marshes where he had been compelled to seek refuge from the pursuit of his enemies, he formed his plans for the deliverance of his country. Disguised as a harper, he entered the Danish camp for the purpose of learning the amount of their forces; and finally reconquered his kingdom, after a protracted struggle. Restored thus to his throne, Alfred laid the foundation of English institutions, or rather, he reduced them to order, and gave them authority. It is the custom, however, to date their origin from him; and his reign is an era in English legislation. Alfred is a glorious instance of a truth exemplified by Gustavus Vasa and Henry IV. of France in later times, namely, that the greatest princes are those who, though born to the throne, are nevertheless obliged to conquer its possession. To their acknowledged right they thus join ample proof of their merit. They have lived as common individuals in the midst of their people; and have thus become better men and better kings.
After the death of Alfred, the Danes, whose conquests had been suspended only by the victories of that prince, gained possession of England. Canute the Great took possession of the throne; but he reigned with moderation, and did not change the laws of the country. This wisdom on the part of the conqueror mitigated the animosity of the vanquished; and the Danes and Saxons agreed so well together, that, not long after the death of Canute the Great, the old dynasty re-ascended the throne. Edward the Confessor collected together the old Saxon laws; on this account, he is still respected in England as a national legislator. But the collection of laws which now exists under his name was not made by him; that which he composed has unfortunately been lost.
The Norman Conquest.
During the reign of Edward the Confessor, a striking exemplification was given of the power of some of the nobles, who were in fact, if not in right, rivals of their monarch. Earl Godwin was so powerful that he, so to speak, allowed Edward to ascend the throne, on condition that he should marry his daughter. At his death, his son Harold succeeded him, and increased his authority. Harold's influence extended all over the kingdom, and he only awaited the king's death to take possession of the crown. When Edward died, Harold naturally succeeded to throne. No one in England contested his usurpation. But William the Bastard, Duke of Normandy, one of his distant relations, alleged that Edward had bequeathed the crown to him by will. He crossed the sea to maintain his pretended rights, and, on the 14th of October, 1066, he gave battle to Harold, at Hastings. Harold was left dead on the field. William the Conqueror introduced into England the feudal institutions which were then in full vigour in Normandy. The reciprocal relations of persons might have conduced, in England, to the establishment of this system, and had prepared the way for it; but the legal and hierarchical subordination of land had not yet taken firm hold in that country. The conquest of William of Normandy disturbed the natural course of the old Anglo-Saxon institutions, and mingled therewith foreign elements which had already been developed, among the Normans, by their position in Gaul, in the midst of Roman cities, and a Roman population. We shall presently see what decisive influence this circumstance exerted over the political development of England.
Lecture III.
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
Anglo-Saxon Institutions.
In my preceding lecture, I gave a general outline of the decay of the Roman empire, and of the progress of the barbarian invasions; and I enumerated the principal events in the history of the Anglo-Saxons in England. I now come to their institutions, which form the subject of my present lecture.
When we are about to speak of the institutions of a country at any given period, we must first understand what was the state of persons in that country at that period; for words are very deceptive. History, when speaking of the English nation or the Spanish nation, comprises under that name all the individuals who inhabit the country; but when we examine into the real state of the case, we quickly discover that the facts which history applies to an entire country, actually belong only to a very small section of its inhabitants. It is the work of civilization to raise up, from time to time, a greater number of men to take an active part in the great events which agitate the society of which they are members. As civilization advances, it reaches new classes of individuals, and gives them a place in history. The different conditions of society thus tend, not to confusion, but to arrangement, under different forms and in different degrees, in that superior region of society by which history is made.
The first question to be solved, then, is that of the state of persons; we must precisely understand which are those classes that really figure in history. Then will occur this other question: What are the institutions in accordance with which that political nation acts, which alone furnishes subject-matter for history?
When we address the first question to antiquity, we find, as in Modern Europe, one great classification: freemen and slaves. But there is this difference that, in antiquity, slavery continued stationary and immutable. Its unchangeableness in this particular, was one of the principal characteristics of ancient civilization. Individuals were emancipated; but the great mass of slaves remained in bondage, everlastingly condemned to the same social nonentity. In Modern Europe, social conditions have been in a state of perpetual fluctuation; numerous masses of men have fallen into slavery, while others have emerged therefrom; and this alternation of liberty and servitude is a novel and important fact in the history of civilization.
Thanes And Ceorls.
What was the condition of persons among the Anglo-Saxons? Here, as elsewhere, we at first perceive the two great divisions of freemen and slaves. The freemen, who are the only active elements in history, were divided into two classes, thanes and ceorls. The thanes were the proprietors of the soil, which was entirely at their disposal: hence the origin of freehold tenure. The ceorls were men personally free, but possessing no landed property. The thanes were subdivided into two classes; king's thanes, and inferior thanes. This distinction is not merely a historical fact; the laws recognize these two divisions. The composition for the life of a king's thane was twelve hundred shillings, while for that of an inferior thane it was only six hundred. Here, as in other states which came into existence at this epoch, punishment was made proportionate, not only to the gravity of the offence, but also to the rank of the person injured. By the substitution of an indemnity for retaliation, a step was taken by these peoples towards social justice. Early ideas of justice inflict evil for evil, injury for injury; but the highest point of its perfection is that decision of society which, embodying supreme reason and power, judges the actions of men accused of crimes, and acquits or condemns them in the name of the Eternal Justice. In the sixth century, society did not inflict punishment; life, like everything else, had its price; and this price was shared between the family of the dead man, the king, and the judge. The penalty of crime was as yet only the price paid for the renunciation of the right of revenge which belonged to every free man. Individuals who were injured, either in the possession of their goods, or in the life of their relatives, received a fixed composition from the guilty person.
Different Classes Of Thanes.
I have pointed out the legal distinction which subsisted between the king's thanes and the inferior thanes; but when we seek to discover what constituted the real difference of their condition, we find that this difference was very vague, and belonged to the time when they all led a nomadic life, rather than to their settled agricultural existence. In Germany, or on leaving Germany, bands, more or less numerous, united themselves to the company of some particular chief or king. After the conquest of a country, those chiefs who were nearest the king found themselves in a most favourable position for becoming large landed proprietors. These were called king's thanes, because they belonged to the royal band. But there was nothing to separate them essentially from the other thanes. To be a king's thane, it was necessary to possess about forty or fifty hides of land. [Footnote 9]
[Footnote 9: A hide of land was about 120 acres.]
Bishops and abbots were admitted into this class. The inferior thanes were proprietors possessing less land, but able to dispose just as freely of their property as the king's thanes. Some writers have asserted that the king's thanes were the nobles, and that the others were simple freemen. An attentive examination of Anglo-Saxon institutions will prove that there was no such difference of position and rights between the two classes. It is a great error to expect to meet with clearly defined ranks and conditions, at the origin of society. Some writers, however, pretend to discover at the outset what time alone can introduce. We meet with no nobility, constituting a superior social condition, with recognized privileges: we perceive only the causes which will progressively form a nobility, that is, will introduce inequality of power and the empire of the strong. The formation of a class of nobles has been the work of ages. An actual superiority, transmitted from father to son, has gradually assumed the form and characteristics of a right. When societies have not been long in existence, we do not find in them social conditions thus distinctly marked, and the royal family is the only one that can, with any reason, be termed noble. It generally derives its title from some religious filiation; for instance, among nearly all the peoples of the north, in Denmark, in Norway, and in England, the kings descended from Odin; and their divine origin gave high sanction to their power.
Their Mutual Relations.
Other writers have held that the relations which subsisted between the king's thanes and the inferior thanes were of a different nature, corresponding to the feudal relations of lords and vassals. The king's thanes, they say, were vassals of the king; the inferior thanes were vassals of the king's vassals. We may certainly discover, in the connection of these two classes of men, some of the characteristics of feudalism. But feudalism, such as was established on the Continent as well as in England, after the conquest by William of Normandy, consisted essentially in the simultaneous hierarchy of lands and persons. Such were not the rudiments of feudalism discernible among the Anglo-Saxons. As yet, the only hierarchy existing among them was of persons. All the thanes held their lands in an equally free and independent manner. At a later period, feudalism received a more complete development; from the hierarchy of persons proceeded that of lands, and the latter soon predominated over the former. But this result was not manifested until after the Norman conquest. Before that period, there were no vassals properly so called, although the word vassus occurs in a biography of King Alfred. The causes which led to the subordination of persons, independently of their connection with land, are simple and may easily be conceived. When the barbarian chieftains entered the Roman territory, they possessed an influence over their companions which they endeavoured to retain after their settlement. The Saxon laws, with a view to bring this rude and floating state of society into an orderly state, provided for the maintenance of this primitive hierarchy; and compelled every freeman who had attained the age of twelve years, to enrol himself in some corporation of individuals, in a tithing or a hundred, or else to place himself under the patronage of a chieftain. This bond was so strong that the person who made the engagement could not absent himself without the permission of the captain of his corporation, or of his chieftain. A foreigner even might not remain forty days on the English soil without enrolling himself in this manner. This spirit of subordination, this obligation of discipline, is one of the principal characteristics of Anglo-Saxon legislation. All those kings who, after long-continued disorders, were desirous to reorganise society, exerted themselves to restore to vigorous operation these laws of police and classification. They have been attributed to Alfred, but he merely re-enacted them.
In my opinion, then, there is no legitimate ground for the doctrine that the relation of the king's thanes to the inferior thanes, was a feudal relation. It was the natural relationship which necessarily arose, at the origin of society, between the various degrees of power and wealth. The poor and the weak lived under the surveillance and protection of those who were richer and more powerful.
Freedom Of The Ceorls.
As I have already observed, the freemen were divided into two classes,—thanes and ceorls. I shall now speak of the second class. The ceorls were freemen who lived on the estates of the thanes, and cultivated them. Their free condition has been called in question, wrongly, as I think, for various reasons:
1st. The composition for the life of a ceorl was two hundred
shillings, and the characteristic mark of his liberty is that a
portion of this composition was paid to his family, and not to
the proprietor of the estate on which he lived; whereas, the
composition for the life of a slave was always paid to his
owner.
2nd. In the early times of the Saxon monarchy, the ceorls were
able to leave the land which they cultivated, whenever they
pleased; by degrees, however, they lost this liberty.
Ceorls and Slaves.
3rd. They had the right of bearing arms, and might go to war;
whereas, slaves did not possess this right. When Earl Godwin
attacked King Edward, he armed all the ceorls on his estates;
and, at the time of the Danish invasions, the ceorls fought in
defence of their country.
4th. They were also capable of possessing property, and when
they owned five hides of land they passed into the class of
thanes, as did also merchants who had made three voyages to
foreign lands. Hence the origin of the English yeomanry. The
yeoman is the freeholder, who, possessing an income of forty
shillings from land, votes at county elections, and may sit on
juries; probus et legalis homo.
5th. The ceorls were admitted to give evidence, only, it is
true, in matters which had reference to persons of their own
class: whereas slaves did not possess this right.
6th. Nearly all the ceorls were Saxons: we find in a canon of
the clergy of Northumberland, that a ceorl accused of a crime,
must bring forward as witnesses twelve ceorls and twelve
Britons.
The ceorls, then, were Saxons, and were distinguished from the ancient inhabitants of the country. It is impossible that so large a proportion of the conquerors should have fallen so quickly into servitude. We may rather feel astonished that they had no landed property in the country, which they had just conquered. But Tacitus, with the accustomed truthfulness and vigour of his pencil, makes us readily understand this circumstance. In the forests of Germany, the barbarian warriors always lived around their chieftains, who had to suggest and command expeditions in times of activity, and to lodge and support their men in times of repose. The same habits were kept up after the conquest of a country; the property acquired was not divided among all the victors. Every chieftain received a larger or smaller division of land, and his followers settled with him upon it. These men, accustomed to a wandering life, did not yet set a high value upon landed property. Being still harassed, moreover, by the ancient possessors of the soil, they found it necessary to keep together, and unite in their own defence. They formed species of camps around the dwelling of their chieftain, whose possessions, according to the ancient Saxon laws, were divided into two parts—inlands and outlands. And it is clear proof of the great difference then existing between the ceorls and the slaves, that the latter alone cultivated the land adjoining the habitation of the chief, while the ceorls, as a natural consequence of their personal freedom, tilled the outlands. This state of things, however, could not last long. A large number of the ceorls fell into servitude, and assumed the name of villeins (villani); while others acquired lands for themselves, and became the soc-men of England.
Summing up what we have said, we perceive, in the state of persons under the Anglo-Saxon monarchy, one great division into freemen and slaves: and, among the freemen, another distinction of thanes and ceorls. The thanes themselves are subdivided into king's thanes and inferior thanes. The former are large landed proprietors, the latter hold smaller estates; but both classes possess equal rights. The ceorls are freemen, without landed property, at least originally. Most of them fall into a state of servitude. With regard to the slaves, we can say nothing except that they were very numerous, and were divided into domestic servants and rural serfs, or serfs of the glebe. The ancient inhabitants of the country did not all fall into servitude; some of them retained their possessions, and a law of King Ina authorized them to appear before courts of justice. They might even pass into the class of thanes if they possessed five hides of land.
The thanes alone, to speak truly, played an active part in history.
Local Institutions.
Passing now to the institutions which connected and governed these different classes, we find them to be of two kinds; central institutions, entirely in the hands of the thanes, the object of which was to secure the intervention of the nation in its own government; and local institutions, which regulated those local interests and guarantees which applied equally to all classes of the community.
Origin Of Centralization.
At the origin of Anglo-Saxon society, there existed none but local institutions. In these are contained the most important guarantees for men whose life never goes beyond the boundaries of their fields. At such epochs, men are as yet unacquainted with great social life; and as the scope of institutions always corresponds to the scope of the affairs and relations to which they have reference, it follows that when relations are limited, institutions are equally so. They continue local, because all interests are local; there are very few, if any, general taxes and affairs of public concern; the kings live, like their subjects, on the income derived from their estates. The proprietors care little about what is passing at a distance. The idea of those great public agencies which regulate the affairs of all men, does not belong to the origin of societies. By degrees, in the midst of the chaos of the rising society, small aggregations are formed which feel the want of alliance and union with each other. They establish amongst themselves an administration of justice, a public militia, a system of taxation and police. Soon, inequality of strength is displayed among neighbouring aggregations. The strong tend to subjugate the weak, and usurp, at first, the rights of taxation and military service. Thus, political authority leaves the aggregations which first instituted it, to take a wider range. This system of centralization is not always imposed by force: it sometimes has a more legitimate cause. In times of difficulty, a superior man appears who makes his influence first felt in the society to which he belongs. When attacked, the society intrusts him with its defence. Neighbouring societies follow this example; soon the powers granted in time of war are continued in time of peace, and remain concentrated in a single hand. This victorious power retains the right to levy men and money. These are the rights of which the movement of centralization first deprives small local societies; they retain for a longer period the rights of administering justice, and establishing police regulations; they may even retain them for a very long while, and England offers us many such examples.
The preponderance of local institutions belongs to the infancy of societies. Civilization incessantly tends to carry power still higher; for power, when exercised from a greater distance, is generally more disinterested, and more capable of taking justice and reason for its sole guides. But frequently also, as it ascends, power forgets its origin and final destiny; it forgets that it was founded to maintain all rights, to respect all liberties; and meeting with no further obstacles from the energy of local liberties, it becomes transformed into despotism. This result is not, however, necessary and fatal; society, while labouring for the centralization of authority, may retain, or regain at a later period, certain principles of liberty. When central institutions have obtained too absolute a prevalence, society begins to perceive the defects inherent in an edifice which is detached, as it were, from the soil on which it stands. Society then constructs upon itself the exact opposite of what it built before; looks narrowly into the private and local interests of which it is composed; duly appreciates their necessities and rights; and, sending back to the different localities the authorities which had been withdrawn therefrom, makes an appropriate distribution of power.