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THIRD LECTURE.
Of the amalgamation of sovereignty and property, the second characteristic
of the feudal system-True meaning of this fact-Its origin-It comes
neither from the Roman society nor from the German band-Is it the
result of conquest only?-Of the system of feudal publicists on this
subject-Two forms of society in Germany, the tribe and the band-
Social organization of the tribe-Domestic sovereignty is there distinct
from political sovereignty-Twofold origin of domestic sovereignty
among the ancient Germans-It arose from family and from conquest-
What became of the organization of the German tribe, and especially of
domestic sovereignty after the establishment of the Germans in Gaul-
What it retained of the family spirit gradually diminished; what it
retained of conquest became dominant-Recapitulation and true character
of feudal sovereignty
FOURTH LECTURE,
p. 38
General association of the possessors of fiefs among themselves; third cha
racteristic of the feudal system-From the very nature of its elements
this association must have been weak and irregular; it, in fact, always
was so-Fallacy of the view which the apologists of this system trace
of the feudal hierarchy-Its incoherency and weakness were especially
great at the close of the 10th century-The formation of this hierarchy
from the 5th to the 10th century-Three systems of institutions are
seen together after the German invasion: free institutions, monarchical
institutions, aristocratical institutions-Comparative history of these
three systems-Decline of the two first-Triumph of the third, which
yet remains incomplete and disordered
FIFTH LECTURE.
p. 56
Method to be followed in the study of the feudal period-The simple fief is
the fundamental element, the integrant molecule of feudalism-The
simpie fief contains: 1, the castle and its proprietors; 2, the village and
its inhabitants-Origin of feudal castles-Their multiplication in the
9th and 10th centuries-Causes of this-Efforts of the kings and
powerful suzerains to oppose it-Futility of these efforts-Character of
the castles of the 11th century-Interior life of the proprietors of fiefs-
Their isolation-Their idleness-Their incessant wars, expeditions, anu
adventures-Influence of the materiai circumstances of feudal habita-
tions upon the course of civilization-Development of domestic life,
condition of women, and of the spirit of family in the interior of castles
P. 75
SIXTH LECTURE.
Efforts of the possessors of fiefs to people and animate the interior of the
castle-Means which present themselves for the attainment of this
end-Offices given in fief-The education of the sons of vassals in the
castle of the suzerain-Admission of the young man among the
warriors in ancient Germany-This fact is perpetuated after the in-
vaion-Twofold origin of chivalry-False idea which is formed of it-
Chivalry arose siaply and without design, in the interior of castles, and
in consequence either of the ancient German customs, or of the re-
lations of the suzerain with his vassals-Influence of religion and the
clergy over chivalry-Ceremonies of the admission of knights-Their
oaths-Influence of the imagination and poetry over chivalry-Its moral
character and importance under this point of view-As an institution, it
is vague and without coherence-Rapid decline of feudal chivalry-It
gives rise to the orders: 1. Of religious chivalry; 2. Of courtly chivalry
p. 96
SEVENTH LECTURE.
The state of the agricultural population, or the feudal village-Its condition
seemed for a long time stationary-Was it much changed by the invasion
of the barbarians and the establishment of the feudal system ?-Error of
the common opinion upon this subject-Necessity for studying the state
of the agricultural population in Gaul before the invasion, under the
Roman administration-Source of the study-Distinction between coloni
and slaves-Differences and resemblances of their condition-Relations of
the bond-labourers, 1, with the proprietors; 2, with the government-
How a man became a bond-labourer-Historical origin of the class of
bond-labourers--Uncertainty of the ideas of M. de Savigny-Conjectures
EIGHTH LECTURE.
P. 121
Of the state of the agricultural population in Gaul from the 5th to the 14th
century-It has not changed so much as is commonly supposed-Of the
two principal changes which it was to be expected would take place in
it, and which did, in point of fact, take place-Insurrections of the
peasants in the 10th and 11th centuries-Continuance of the distinction
between the coloni and the serfs-Progress of the condition of the coloni
from the 11th to the 14th century-Proofs
p. 135
NINTH LECTURE.
Relations of the possessors of fiefs among themselves-Variety and com-
plexity of the feudal association considered in its whole-Necessity for
reducing it to its proper and essential elements-Relations between the
suzerain and his vassals-Character of these relations-Homage, the
oath of fidelity, and investiture-Feudal duties-Feudal services-Mili-
tary service-Judicial service-Aids-Some rights progressively acquired
by the suzerains-Independence of vassals who had acquitted themselves
of feudal services
p. 152
TENTH LECTURE.
Continuation of the view of the organization of the feudal society-Rela
tions which the vassals of the same suzerain had among themselves—
Political guarantees of the feudal society-In what political guarantees
generally consist-Disputes among vassals-Disputes between a vassal
and his suzerain-Feudal courts, and judgment by peers-Means of
securing the execution of judgments-Inefficiency of feudal guarantees
-Necessity under which each possessor of a fief was placed of protect-
ing and doing justice to himself-True cause of the extension and long
duration of the judicial combat and of private wars
p. 168
ELEVENTH LECTURE.
General character of the feudal society-Its good principles: 1. Necessity
of individual consent for the formation of the society; 2. Simplicity
and notoriety of the conditions of the association; 3. No new chargez
or conditions without the consent of the individual; 4. Intervention of
society in judgments; 5. Right of resistance formally recognis d;
6. Right of breaking through the association; its limits-Vices of the
feudal society-Twofold element of every society-Weakness of the
social principle in feudalism-Excessive predominance of individuality
-From what causes-Consequences of these vices-Progress of the in-
equality of force among the possessors of fiefs-Progress of the in-
equality of rights-Decline of the intervention of society in judgments
-Origin of provosts and bailiffs-Formation of a certain number of
petty royalties-Conclusion
p. 183
TWELFTH LECTURE.
State of royalty at the end of the 10th century-Progressive debilitation o'
its various principles-Contradiction between the situation of right and
the situation of fact in Carlovingian royalty-Necessity of its fall-Cha-
racter of the accession of Hugh Capet-Progress of the principle of
legitimacy-State of royalty under Robert, Henry I., and Philip L.-Was
it as weak, as null as it is said to have been?-Causes and limits of its
weakness-Uncertainty of its character and its principles-New character
of royalty under Louis VI.-It disengages itself from the past, and
places itself in harmony with the social state-Wars and government of
Louis VI.-Government of Suger under Louis VII.-State of royalty at
the death of Louis VII.
p. 200
THIRTEENTH LECTURE.
Condition and various characteristics of royalty at the accession of Philip
Augustus-State of the kingdom in point of territory-Possessions of
the kings of England in France-Relations of Philip Augustus with
Henry II., Richard Cœur de Lion, and John Lackland-Territorial ac-
quisitions of Philip Augustus-Provostries of the king-Progress of the
monarchical power-Efforts of Philip Augustus to rally round him the
great vassals, and to constitute of them a means of government-He
applies himself, at the same time, to separate royalty from feudalism-
The crown emancipates itself from the empire of the clergy-Legislative
labours of Philip Augustus-His efforts to advance material and moral
legislation-Effect of his reign on the mind of the people-Royalty be-
comes national-Manifestation of this result after the battle of Bovines,
and at the coronation of Louis VIII.
p. 223
FOURTEENTH LECTURE.
Royalty under the reign of Saint Louis-Influence of his personal character
-His conduct with regard to the territorial extent of the kingdom-His
acquisitions-His conduct towards the feudal society-His respect for
the rights of the seigneurs-True character of his labours against feu-
dalism-Extension of the judicial power of the king-Progress of legis-
lation and of parliament-Extension of the legislative power of the
king-Progress of the independence of royalty in ecclesiastical affairs
-Administration of Louis within his domains-Summary
P. 243
H
FIFTEENTH LECTURE.
3tate of royalty after the reign of Saint Louis-In right it was neither ab
solute nor limited-In fact, incessantly combated, and yet far supe.
rior to every other power-Its tendency to absolute power-This
tendency appeared under Philip le Bel-Influence of the personal cha-
racter of Philip le Bel-Various kinds of despotism-Progress of abso-
lute power in the legislation-Examination of the ordinances of Philip
le Bel-True characters of the composition and of the influence of na-
tional assemblies under his reign-Progress of absolute power in judi-
cial matters-Struggle between the legists and the feudal aristocracy→→→
Extraordinary commissions-Progress of absolute power with regard to
taxes-Reaction of the feudal aristocracy against absolute power under
the three sons of Philip le Bel-Associations of resistance-Embarrass-
ment in the order of succession to the throne-Enfeeblement of royalty
at the end of the feudal epoch
SIXTEENTH LECTURE.
p. 264
Of the third estate in France-Importance of its history-It has been the
most active and decisive element of our civilization-Novelty of this
fact; nothing resembling it had hitherto been found in the history of
the world-Its nationality; it was in France that the third estate took
its whole development-Important distinction between the third estate
and the boroughs-The formation of boroughs in the 11th and 12th
centuries-Extent and power of this movement-Various systems to
explain it-They are narrow and incomplete-Variety of the origins of
the bourgeoisie at this epoch-1. Towns in which the Roman municipal
system survived-2. Cities and towns in progress, although not erected
into boroughs-3. Boroughs, properly so called-Combination of these
various elements for the formation of the third estate.
SEVENTEENTH LECTURE.
p. 289
Why it is important never to lose sight of the diversity of the origins of the
third estate-1. Towns in which the Roman municipal system was per-
petuated-Why the documents relating thereto are rare and incomplete
-Perigueux-Bourges-2. Towns which, without having been, pro-
perly speaking, erected into boroughs, received various privileges from
their lords-Orleans-Customs of Lorris in Gatinais-3. Boroughs,
properly so called-Charter of Laon-True meaning of this charter and
of the communal revolution of the eleventh century-Birth of modern
legislation
. p. 303