FREE BOOKS

Author's List




PREV.   NEXT  
|<   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68  
69   70   71   72   73   74   75   76   >>  
n a popular basis. Then he proceeds in his argument to say that the human positive law by which private property was introduced was made by the people themselves, and that the right or power by which this was done was transferred by them to the Emperor along with the imperial dignity. Louis, therefore, had the same right to undo what they had done, for in him all their powers now resided. This, of course, formed an excellent principle from which to argue to his right to dispossess the Church of its superfluous wealth--indeed of all its wealth. But it could prove equally effectual against the holding by the individual of any property whatever. It made, in effect, private ownership rest on the will of the prince. Curiously, too, in quite another direction the same form of argument had been already worked out by Nicole Oresme, a famous Bishop of Lisieux, who first translated into French the _Politics_ of Aristotle, and who helped so largely in the reforms of Charles V of France. His great work was in connection with the revision of the coinage, on which he composed a celebrated treatise. He held that the change of the value of money, either by its deliberate depreciation, or by its being brought back to its earlier standard of face value, carried such widespread consequences that the people should most certainly be consulted on it. It was not fair to them to take such a step without their willing co-operation. Yet he admits fully that, though this is the wiser and juster way of acting, there was no absolute need for so doing, since all possession and all property sprang from the King. And this last conclusion was advocated by his rival, Philip de Meziers, whose advice Charles ultimately followed. Philip taught that the king was sole judge of whatever was for public use. But there was a further point in the same question which afforded matter for an interesting discussion among the lawyers. Pope Innocent IV, who had first been famous as a canonist, and retained as Pontiff his old love for disputations of this kind, developed a theory of his own on the relation between the right of the individual to possess and the right of the State over that possession. He distinguished carefully between two entirely different concepts, namely, the right and its exercise. The first he admitted to be sacred and inviolable, because it sprang from the very nature of man. It could not be disturbed or in any way molested; the State had th
PREV.   NEXT  
|<   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68  
69   70   71   72   73   74   75   76   >>  



Top keywords:

property

 

individual

 

wealth

 

Philip

 

possession

 

famous

 

sprang

 
Charles
 

private

 

people


argument
 

inviolable

 

sacred

 
molested
 

disturbed

 

consulted

 

admitted

 
conclusion
 

advocated

 

absolute


admits

 

operation

 

acting

 

Meziers

 
juster
 
nature
 

ultimately

 

carefully

 

distinguished

 

canonist


retained

 
Innocent
 
Pontiff
 

developed

 

theory

 
relation
 

possess

 

disputations

 

lawyers

 

public


exercise

 

taught

 
advice
 

concepts

 

discussion

 

interesting

 
matter
 
question
 
afforded
 
principle