the origin of the distinction of ranks-第37章
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as often as the public interest required it。 But this was a duty which they owed to the community as citizens； not to the kings as vassals； and their attendance was required； not by an order of the monarch； but in consequence of a determination of the national assembly； of which they themselves were the constituent members。 6。 In France； under the Merovingian kings； all deeds of any importance； issuing from the crown； usually contained some such expression as these： Una cum nostris optimatibus pertractavimus。 De consensufidelium nostrorum。 In nostra et procerum nostrorum praesentia。 Obser。 par M。 de Mably。 And there is good reason to believe that what is called the Salique Law was laid before the national assembly and received their approbation。 'Dictaverunt Salicam legem Proceres ipsius gentis； qui tunc temporis apud eam erant rectores。' Praef。 leg。 Sal。 See lettres historiques sur les fonctions essentielles du parlement。 Boulainvilliers； let。 sur le parl。 de France。 7。 Fidelis Deo propitio ille； ad nostram veniens praesentiam suggessit nobis； eo quod propter simplicitatem suam； Causas suas minime possit prosequi； vel admallare； clementiae regni nostri petiit； ut illustris vir ille omnes causas suas in vice ipsius； tam in pago； quam in palatio nostro admallandum prosequendumque recipere deberet； quod in praesenti per fistucam eas eidem visus est commendasse。 Propterea jubemus； ut dum taliter utriusque decrevit voluntas； memoratus ille vir omnes causas lui； ubicumque prosequi vel admallare deberet； ut unicuique pro ipso； vel hominibus suis； reputatis conditionibus； et directum faciat； et ab aliis similiter in veritate recipiat。 Sic tamen quamdiu amborum decrevit voluntas。 Formul。 Marculfi 21。 Vid。 Ibid。 Formul。 13。 See also L'Esprit de Loix； liv。 31； chap。 8。 8。 'All the Franks continued without discrimination to have the right of entrance ＇into the national assembly＇； but subsequently； their number having increased； and the distinction between Gauls and Franks having become gradually erased； each canton assembled separately； and scarcely any but those who held a certain rank in the state were admitted to the general assembly any more。' Let。 hist。 sur les parl。 9。 In early times the Wittenagemote is called 'infinita fidelium multitudo。' 10。 Many of the French antiquaries and historians have believed that the feudal system was completed under their kings of the first race。 （See Mezeray； hist。 de France。 Loyseau； trait？des seigneuries。 Salvaing； de l'usage des fiefs。 ） Others have supposed that military tenures were unknown during this early period； and were introduced； either about the time of Charlemagne； or towards the end of the second race of kings； or about the time of Hugh Capet。 （See Boulainvilliers； lettres sur les parlemens de France。 Chantereau de Fevre； trait？des fiefs。 Henault； abr。 de l'hist。 de France。 Bouquet； droit publique de France； etc。） These various opinions appear to have arisen from a different view of the facts relating to the subject； and here； as in most other disputes； the truth probably lies in a middle between the opposite extremes。 To those authors who observed that； soon after the settlement of the Franks in Gaul； the king and the great lords had a considerable number of vassals dependent upon them for protection； and liable in military service； it seemed a natural inference that the whole land in the country was held by military tenure。 Those on the contrary who discovered that； under the kings of the first and second race； the great lords were in possession of allodial estates； and who observed； that； after the reign of Hugh Capet； many of the perquisites incident to the feudal tenures were established； thought they had reason from thence to conclude that the feudal system was not introduced before this period。 11。 From similar circumstances it has been a subject of controversy； whether the feudal system took place in England under the government of the Saxon monarchs； or whether it was not first introduced in the reign of William the Conqueror。 See Wright's Introduction to the law of tenures； chap。 2。 and the authorities quoted by him upon both sides of the question。 Sir Henry Spelman having said in his Glossary； v。 feodum； that fiefs were brought into England by William the Conqueror； and the judges of Ireland； in their argument in the case of defective titles； having pointed out that opinion as erroneous； this industrious antiquary was thence excited to write a treatise upon the subject； in which he explains his meaning to be nothing more but that in England； fiefs were not rendered hereditary before the Norman conquest 。 Thus； after having stated the question； in the beginning of his treatise； he goes on as follows： 'A FEUD is said to be usufructus quidam rei immobilis sub conditione fidei。 But this definition is of too large extent for such kind of feuds as our question must consist upon： for it includeth two members of species greatly differing the one from the other； the one temporary and revocable （as those at will or for years； life or lives）； the other hereditary and perpetual。 As for temporary feuds； which （like wild fig…trees） could yield none of the feudal fruits of wardship； marriage； relief； etc。 unto their lords； they belong nothing unto our argument。' And a little after he adds； 'But this kind of feud （we speak of） and no other； is that only whereof our law taketh notice； though time hath somewhat varied it from the first institution； by drawing the property of the soil from the lord unto the tenant。 And I both conceive and affirm under correction； That this our kind of feuds being perpetual and hereditary； and subject to wardship； marriage； and relief； and other feodal services were not in use among our Saxons； nor our law of tenures （whereon they depend） once known unto them。' （Spelman's treat。 on feuds and tenures by knight…service； chap。 1。 The same author； in another part of his treatise； proceeds to shew that； in England among the Saxons； the estates of the nobility were denominated Boc…land； and were held in full property； but that Folc…land； or the land of the lower people； was held under condition of customary services； at the will of their lord the Thane。 Ibid。 chap。 5。 It is hoped the above remark will appear not improper； because the authority of Spelman upon this point； has been considered as of much weight； and also because some writers appear to have mistaken his opinion by consulting the passage in his glossary； without attending to the subsequent treatise； published among his posthumous works by Dr Gibson。 12。 Les voyages d'une Philosophe。 Chapter V The changes produced in the government of a people by their progress in Arts； and in polished Manners Section I Circumstances； in polished nation； which tend to increase the power of the sovereign The advancement of a people in the arts of life； is attended with various alterations in the state of individuals； and in the whole constitution of their government。 Mankind； in a rude age； are commonly in readiness to go out to war； as often as their circumstances require it。 From their extreme idleness； a military expedition is seldom inconvenient for them； while the prospect of enriching themselves with plunder； and of procuring distinction by their valour； renders it always agreeable。 The members of every clan are no less eager to follow their chief； and to revenge his quarrel； than he is desirous of their assistance。 They look upon it as a privilege； rather than a burden； to attend upon him； and to share in the danger； as well as in the glory and profit of all his undertakings。 By the numberless acts of hostility in which they are engaged； they are trained to the use of arms； and acquire experience in the military art； so far as it is then understood。 Thus； without any trouble or expense； a powerful militia is constantly maintained； which； upon the slightest notice； can always be brought into the field； and employed in the defence of the country。 When Caesar made war upon the Helvetii they were able to muster against him no less than ninety…two thousand fighting men； amounting to a fourth part of all the inhabitants。 Hence those prodigious swarms which issued； at different times； from the ill
