at historian [b], should be as complete as
possible within itself, and should never refer, for any thing
material, to other books, it will be necessary, in this place, to
deliver a short plan of that prodigious fabric, which, for several
centuries, preserved such a mixture of liberty and oppression, order
and anarchy, stability and revolution, as was never experienced in any
other age, or any other part of the world.
[FN [a] L'Esprit des Loix. Dr. Robertson's History of Scotland. [b]
Padre Paolo, Hist. Conc. Trid.]
[MN Origin of the feudal law.]
After the northern nations had subdued the provinces of the Roman
empire, they were obliged to establish a system of government which
might secure their conquests, as well against the revolt of their
numerous subjects, who remained in the provinces, as from the inroads
of other tribes, who might be tempted to ravish from them their new
acquisitions. The great change of circumstances made them here depart
from those institutions which prevailed among them while they remained
in the forests of Germany; yet it was still natural for them to
retain, in their present settlement, as much of their ancient customs
as was compatible with their new situation.
The German governments, being more a confederacy of independent
warriors than a civil subjection, derived their principal force from
many inferior and voluntary associations, which individuals formed
under a particular head or chieftain, and which it became the highest
point of honour to maintain with inviolable fidelity. The glory of
the chief consisted in the number, the bravery, and the zealous
attachment of his retainers: the duty of the retainers required, that
they should accompany their chief in all wars and dangers, that they
should fight and perish by his side, and that they should esteem his
renown or his favour a sufficient recompense for all their services
[c]. The prince himself was nothing but a great chieftain, who was
chosen from among the rest on account of his superior valour or
nobility; and who derived his power from the voluntary association or
attachment of the other chieftains.
[FN [c] Tacit. de Mor. Germ.]
When a tribe, governed by these ideas, and actuated by these
principles, subdued a large territory, they found, that though it was
necessary to keep themselves in a military posture, they could neither
remain united in a body, nor take up their quarters in several
garrisons, and that their manne
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