HISTORY OF THE PROTECTIVE SPIRIT, AND COMPARISON OF IT IN FRANCE AND ENGLAND.

When, towards the end of the fifth century, the Roman empire was broken up, there followed, as is well known, a long period of ignorance and of crime, in which even the ablest minds were immersed in the grossest superstitions. During these, which are rightly called the Dark Ages, the clergy were supreme: they ruled the consciences of the most despotic sovereigns, and they were respected as men of vast learning, because they alone were able to read and write; because they were the sole depositaries of those idle conceits of which European science then consisted; and because they preserved the legends of the saints and the lives of the fathers, from which, as it was believed, the teachings of divine wisdom might easily be gathered.

Such was the degradation of the European intellect for about five hundred years, during which the credulity of men reached a height unparalleled in the annals of ignorance. But at length the human reason, that divine spark which even the most corrupt society is unable to extinguish, began to display its power, and disperse the mists by which it was surrounded. Various circumstances, which it would be tedious here to discuss, caused this dispersion to take place at different times in different countries. However, speaking generally, we may say that it occurred in the tenth and eleventh centuries, and that by the twelfth century there was no nation now called civilized, upon whom the light had not begun to dawn.

It is from this point that the first great divergence between the European nations took its rise. Before this time their superstition was so great and universal, that it would avail little to measure the degree of their relative darkness. Indeed, so low had they fallen, that, during the earlier period, the authority of the clergy was in many respects an advantage, as forming a barrier between the people and their rulers, and as supplying the sole instance of a class that even made an approach to intellectual pursuits. But when the great movement took place, when the human reason began to rebel, the position of the clergy was suddenly changed. They had been friendly to reasoning as long as the reasoning was on their side.[271] While they were the only guardians of knowledge, they were eager to promote its interests. Now, however, it was falling from their hands: it was becoming possessed by laymen: it was growing dangerous: it must be reduced to its proper dimensions. Then it was that there first became general the inquisitions, the imprisonments, the torturings, the burnings, and all the other contrivances by which the church vainly endeavoured to stem the tide that had turned against her.[272] From that moment there has been an unceasing struggle between these two great parties,—the advocates of inquiry, and the advocates of belief: a struggle which, however it may be disguised, and under whatever forms it may appear, is at bottom always the same, and represents the opposite interests of reason and faith, of scepticism and credulity, of progress and reaction, of those who hope for the future, and of those who cling to the past.

This, then, is the great starting point of modern civilization. From the moment that reason began, however faintly, to assert its supremacy, the improvement of every people has depended upon their obedience to its dictates, and upon the success with which they have reduced to its standard the whole of their actions. To understand, therefore, the original divergence of France and England, we must seek it in the circumstances that took place when this, which may be called the great rebellion of the intellect, was first clearly seen.

If now, with a view to such inquiry, we examine the history of Europe, we shall find that just at this period there sprung up the feudal system: a vast scheme of polity, which, clumsy and imperfect as it was, supplied many of the wants of the rude people among whom it arose.[273] The connexion between it and the decline of the ecclesiastical spirit is very obvious. For the feudal system was the first great secular plan that had been seen in Europe since the formation of the civil law: it was the first comprehensive attempt which had been made, during more than four hundred years, to organize society according to temporal, not according to spiritual circumstances, the basis of the whole arrangement being merely the possession of land, and the performance of certain military and pecuniary services.[274]

This was, no doubt, a great step in European civilization, because it set the first example of a large public polity in which the spiritual classes as such had no recognized place;[275] and hence there followed that struggle between feudality and the church, which has been observed by several writers, but the origin of which has been strangely overlooked. What, however, we have now to notice is, that by the establishment of the feudal system, the spirit of protection, far from being destroyed, was probably not even weakened, but only assumed a new form. Instead of being spiritual, it became temporal. Instead of men looking up to the church, they looked up to the nobles. For, as a necessary consequence of this vast movement, or rather as a part of it, the great possessors of land were now being organized into an hereditary aristocracy.[276] In the tenth century, we find the first surnames:[277] by the eleventh century most of the great offices had become hereditary in the leading families:[278] and in the twelfth century armorial bearings were invented, as well as other heraldic devices, which long nourished the conceit of the nobles, and were valued by their descendants as marks of that superiority of birth to which, during many ages, all other superiority was considered subordinate.[279]

Such was the beginning of the European aristocracy, in the sense in which that word is commonly used. With the consolidation of its power, feudality was made, in reference to the organization of society, the successor of the church;[280] and the nobles, becoming hereditary, gradually displaced in government, and in the general functions of authority, the clergy, among whom the opposite principle of celibacy was now firmly established.[281] It is, therefore, evident, that an inquiry into the origin of the modern protective spirit does, in a great measure, resolve itself into an inquiry into the origin of the aristocratic power; since that power was the exponent, and, as it were, the cover under which the spirit displayed itself. This, as we shall hereafter see, is likewise connected with the great religious rebellion of the sixteenth century; the success of which mainly depended on the weakness of the protective principle that opposed it. But, reserving this for future consideration, I will now endeavour to trace a few of the circumstances which gave the aristocracy more power in France than in England, and thus accustomed the French to a closer and more constant obedience, and infused into them a more reverential spirit than that which was usual in our country.

Soon after the middle of the eleventh century, and therefore while the aristocracy was in the process of formation, England was conquered by the Duke of Normandy, who naturally introduced the polity existing in his own country.[282] But, in his hands, it underwent a modification suitable to the new circumstances in which he was placed. He, being in a foreign country, the general of a successful army composed partly of mercenaries,[283] was able to dispense with some of those feudal usages which were customary in France. The great Norman lords, thrown as strangers into the midst of a hostile population, were glad to accept estates from the crown on almost any terms that would guarantee their own security. Of this, William naturally availed himself. For, by granting baronies on conditions favourable to the crown, he prevented the barons[284] from possessing that power which they exercised in France, and which, but for this, they would have exercised in England. The result was, that the most powerful of our nobles became amenable to the law, or, at all events, to the authority of the king.[285] Indeed, to such an extent was this carried, that William, shortly before his death, obliged all the landowners to render their fealty to him; thus entirely neglecting that peculiarity of feudalism, according to which each vassal was separately dependent on his own lord.[286]

But in France, the course of affairs was very different. In that country the great nobles held their lands, not so much by grant, as by prescription.[287] A character of antiquity was thus thrown over their rights; which, when added to the weakness of the crown, enabled them to exercise on their own estates, all the functions of independent sovereigns.[288] Even when they received their first great check, under Philip Augustus,[289] they, in his reign, and indeed long after, wielded a power quite unknown in England. Thus, to give only two instances: the right of coining money, which has always been regarded as an attribute of sovereignty, was never allowed in England, even to the greatest nobles.[290] But in France it was exercised by many persons independently of the crown, and was not abrogated until the sixteenth century.[291] A similar remark holds good of what was called the right of private war; by virtue of which the nobles were allowed to attack each other, and disturb the peace of the country with the prosecution of their private feuds. In England the aristocracy were never strong enough to have this admitted as a right,[292] though they too often exercised it as a practice. But in France it became a part of the established law; it was incorporated into the text-books of feudalism, and it is distinctly recognized by Louis IX. and Philip the Fair,—two kings of considerable energy, who did every thing in their power to curtail the enormous authority of the nobles.[293]