FREE BOOKS

Author's List




PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   >>   >|  
nown and unenforced--we may truly say with a German writer, whose name I should like to mention _honoris causa_, Professor Troeltsch, that 'there was no feeling for the State; no common and uniform dependence on a central power; no omnicompetent sovereignty; no equal pressure of a public civil law; no abstract basis of association in formal and legal rules--or at any rate, so far as anything of the sort was present, it was a matter only for the Church, and in no wise for the State'.[21] So far as social life was consciously articulated in a scheme, the achievement was that of the clergy, and the scheme was that of the Church. The interdependencies and associations of lay life--kingdoms and fiefs and manors--were only personal groupings, based on personal sentiments of loyalty and unconscious elements of custom. A mixture of uniformity and isolation, as we have seen, was the characteristic of these groupings: they were at once very like one another, throughout the extent of Western Europe, and (except for their connexion in a common membership of the Church Universal) very much separated from one another. But with one at any rate of these groupings--the kingdom, which in its day was to become the modern State--the future lay; and we shall perhaps end our inquiry most fitly by a brief review of the lines of its future development. IV The development of the kingdom into the State was largely the work of the lawyers. The law is a tenacious profession, and in England at any rate its members have exercised a large influence on politics from the twelfth to the twentieth century--from the days of Glanville, the justiciar of Henry II, to the days of Mr. Asquith, the prime minister of George V. It is perhaps in England that we may first see the germs of the modern State emerging to light under the fostering care of the royal judges. Henry II is something of a sovereign: his judges formulate a series of commands, largely in the shape of writs, which became the common law of the land; and in the Constitutions of Clarendon we may already see the distinction between Church and State beginning to be attempted. With a sovereign, a law, and a secular policy all present, we may begin to suspect the presence of a State. In France also a similar development, if somewhat later than the English, occurs at a comparatively early date. By the end of the thirteenth century the legists of Philippe le Bel have created something of _etatisme_
PREV.   NEXT  
|<   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110  
111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   >>   >|  



Top keywords:

Church

 
common
 

groupings

 
development
 

century

 

personal

 

present

 

England

 

future

 

modern


largely

 

judges

 
scheme
 

sovereign

 

kingdom

 

minister

 
emerging
 

George

 
twentieth
 

tenacious


profession
 

lawyers

 

members

 

exercised

 

Glanville

 

justiciar

 

twelfth

 

politics

 

influence

 

Asquith


English

 

similar

 

suspect

 
presence
 
France
 

occurs

 

comparatively

 
created
 

etatisme

 

Philippe


legists

 

thirteenth

 

commands

 

series

 

review

 
formulate
 

fostering

 
Constitutions
 

attempted

 

secular