Mediaeval Socialism Part 2

Against this imputation the four Orders of friars (the Dominicans, Franciscans, Augustinians, and Carmelites) issued a protest. Fortunately in their spirited reply they give the reasons on account of which they are supposed to have shared in the rising. These were princ.i.p.ally negative. Thus it was stated that their influence with the people was so great that had they ventured to oppose the spirit of revolt their words would have been listened to (_Fasciculi Zizaniorum_, p. 293). The chronicler of St. Albans is equally convinced of their weakness in not preventing it, and declares that the flattery which they used alike on rich and poor had also no mean share in producing the social unrest (_Chronicon Angliae_, p. 312). Langland also, in his "Vision of Piers Plowman," goes out of his way to denounce them for their levelling doctrines:

"Envy heard this and bade friars go to school, And learn logic and law and eke contemplation, And preach men of Plato and prove it by Seneca That all things under Heaven ought to be in common, And yet he lieth, as I live, and to the lewd so preacheth For G.o.d made to men a law and Moses it taught--

_Non concupisces rem proximi tui_"

(Thou shalt not covet thy neighbour's goods).

Here then it is distinctly a.s.serted that the spread of communistic doctrines was due to the friars. Moreover, the same popular opinion is reflected in the fabricated confession of Jack Straw, for he is made to declare that had the rebels been successful, all the monastic orders, as well as the secular clergy, would have been put to death, and only the friars would have been allowed to continue. Their numbers would have sufficed for the spiritual needs of the whole kingdom (_Chronicon Angliae_, p. 309). Moreover, it has been noticed that not a few of them actually took part in the revolt, heading some of the bands of countrymen who marched on London.

It will have been seen, therefore, that Communism was a favourite rallying-cry throughout the Middle Ages for all those on whom the oppression of the feudal yoke bore heavily. It was partly also a religious ideal for some of the strange gnostic sects which flourished at that era. Moreover, it was an efficient weapon when used as an accusation, for Wycliff and the friars alike both dreaded its imputation. Perhaps of all that period, John Ball alone held it consistently and without shame. Eloquent in the way of popular appeal, he manifestly endeavoured to force it as a social reform on the peasantry, who were suffering under the intolerable grievance of the Statutes of Labourers. But though he roused the countryside to his following, and made the people for the first time a thing of dread to n.o.bles and King, it does not appear that his ideas spread much beyond his immediate lieutenants. Just as in their pet.i.tions the rebels made no doctrinal statements against Church teaching, nor any capital out of heretical attacks (except, singularly enough, to accuse the Primate, whom they subsequently put to death, of overmuch leniency to Lollards), so, too, they made no reference to the central idea of Ball's social theories. In fact, little abstract matter could well have appealed to them. Concrete oppression was all they knew, and were this done away with, it is evident that they would have been well content.

The case of the friars is curious. For though their superiors made many attempts to prove their hostility to the rebels, it is evident that their actual teaching was suspected by those in high places. It is the exact reversal of the case of Wycliff. His views, which sounded so favourable to communism, are found on examination to be really nothing but a plea to leave things alone, "for the saints have now all they would have"; while on the other hand the theories of the friars, in themselves so logical and consistent, and in appearance obviously conservative to the fullest extent, turn out to contain the germ of revolution.

Said Lord Acton with his sober wit: "Not the devil, but St. Thomas Aquinas, was the first Whig."

FOOTNOTE:

[1] This rhyme is of course much older than John Ball; _cf._ Richard Rolle (1300-1349), i. 73, London, 1895.

CHAPTER IV

THE SCHOOLMEN

The schoolmen in their adventurous quest after a complete harmony of all philosophic learning could not neglect the great outstanding problems of social and economic life. They flourished at the very period of European history when commerce and manufacture were coming back to the West, and their rise synchronises with the origin of the great houses of the Italian and Jewish bankers. Yet there was very little in the past learning of Christian teachers to guide them in these matters, for the patristic theories, which we have already described, and a few isolated pa.s.sages cited in the Decretals of Gratian, formed as yet almost the only contribution to the study of these sciences. However, this absence of any organised body of knowledge was for them but one more stimulus towards the elaboration of a thorough synthesis of the moral aspect of wealth. A few of the earlier masters made reference, detached and personal, to the subject of dispute, but it was rather in the form of a disorderly comment than the definite statement of a theory.

Then came the translation of Aristotle's _Politics_, with the keen criticism they contain of the views Plato had advocated. Here at once the intellect of Europe found an exact exposition of principles, and began immediately to debate their excellence and their defect. St.

Thomas Aquinas set to work on a literal commentary, and at his express desire an accurate translation was made direct from the Greek by his fellow-Dominican, William of Moerbeke. Later on, when all this had had time to settle and find its place, St. Thomas worked out his own theory of private property in two short articles in his famous _Summa Theologica_. In his treatise on Justice, which occupies a large proportion of the _Secund Secundae_ of the _Summa_, he found himself forced to discuss the moral evil of theft; and to do this adequately he had first to explain what he meant by private possessions. Without these, of course, there could be no theft at all.

He began, therefore, by a preliminary article on the actual state of created things--that is, the material, so to say, out of which private property is evolved. Here he notes that the nature of things, their const.i.tuent essence, is in the hands of G.o.d, not man. The worker can change the form, and, in consequence, the value of a thing, but the substance which lies beneath all the outward show is too subtle for him to affect it in any way. To the Supreme Being alone can belong the power of creation, annihilation, and absolute mutation. But besides this tremendous force which G.o.d holds incommunicably, there is another which He has given to man, namely, the use of created things. For when man was made, he was endowed with the lordship of the earth. This lordship is obviously one without which he could not live. The air, and the forces of nature, the beasts of the field, the birds and fishes, the vegetation in fruit and root, and the stretches of corn are necessary for man's continued existence on the earth. Over them, therefore, he has this limited dominion.

Moreover, St. Thomas goes on, man has not merely the present moment to consider. He is a being possessed of intelligence and will, powers which demand and necessitate their own constant activity. Instinct, the gift of brute creation, ensures the preservation of life by its blind preparation for the morrow. Man has no such ready-made and spontaneous faculty. His powers depend for their effectiveness on their deliberative and strenuous exertions. And because life is a sacred thing, a lamp of which the once extinguished light cannot be here re-enkindled, it carries with it, when it is intelligent and volitional, the duty of self-preservation. Accordingly the human animal is bound by the law of his own being to provide against the necessities of the future. He has, therefore, the right to acquire not merely what will suffice for the instant, but to look forward and arrange against the time when his power of work shall have lessened, or the objects which suffice for his personal needs become scarcer or more difficult of attainment. Property, therefore, of some kind or other, says Aquinas, is required by the very nature of man. Individual possessions are not a mere advent.i.tious luxury which time has accustomed him to imagine as something he can hardly do without, nor are they the result of civilised culture, which by the law of its own development creates fresh needs for each fresh demand supplied; but in some form or other they are an absolute and dire necessity, without which life could not be lived at all. Not simply for his "well-being," but for his very existence, man finds them to be a sacred need. Thus as they follow directly from the nature of creation, we can term them "natural."

St. Thomas then proceeds in his second article to enter into the question of the rights of private property. The logical result of his previous argument is only to affirm the need man has of some property; the practice of actually dividing goods among individuals requires further elaboration if it is to be reasonably defended. Man must have the use of the fruits of the earth, but why these rather than those should belong to him is an entirely different problem. It is the problem of Socialism. For every socialist must demand for each member of the human race the right to some possessions, food and other such necessities. But why he should have this particular thing, and why that other thing should belong to someone else, is the question which lies at the basis of all attempts to preserve or destroy the present fabric of society. Now, the argument which we have so far cited from St. Thomas is simply based on the indefeasible right of the individual to the maintenance of his life. Personality implies the right of the individual to whatever is needful to him in achieving his earthly purpose, but does not in itself justify the right to private property.

"Two offices pertain to man with regard to exterior things" (thus he continues). "The first is the power of procuring and dispensing, and in respect to this, it is lawful for man to hold things as his own." Here it is well to note that St. Thomas in this single sentence teaches that private property, or the individual occupation of actual land or capital or instruments of wealth, is not contrary to the moral law. Consequently he would repudiate the famous epigram, "_La Propriete c'est le vol_."

Man may hold and dispose of what belongs to him, may have private property, and in no way offend against the principles of justice, whether natural or divine.

But in the rest of the article St. Thomas goes farther still. Not merely does he hold the moral proposition that private property is lawful, but he adds to it the social proposition that private property is necessary.

"It is even necessary," says he, "for human life, and that for three reasons. Firstly, because everyone is more solicitous about procuring what belongs to himself alone than that which is common to all or many, since each shunning labour leaves to another what is the common burden of all, as happens with a mult.i.tude of servants. Secondly, because human affairs are conducted in a more orderly fashion if each has his own duty of procuring a certain thing, while there would be confusion if each should procure things haphazard. Thirdly, because in this way the peace of men is better preserved, for each is content with his own. Whence we see that strife more frequently arises among those who hold a thing in common and individually. The other office which is man's concerning exterior things, is the use of them; and with regard to this a man ought not to hold exterior things as his own, but as common to all, that he may portion them out to others readily in time of need." (The translation is taken from _New Things and Old_, by H. C. O'Neill, 1909, London, pp. 253-4.) The wording and argument of this will bear, and is well worth, careful a.n.a.lysis. For St. Thomas was a man, as Huxley witnesses, of unique intellectual power, and, moreover, his theories on private property were immediately accepted by all the schoolmen. Each succeeding writer did little else than make more clear and defined the outlines of the reasoning here elaborated. We shall, therefore, make no further apology for an attempt to set out the lines of thought sketched by Aquinas.

It will be noticed at once that the principles on which private property are here based are of an entirely different nature from those by which the need of property itself was defended. For the latter we were led back to the very nature of man himself and confronted with his right and duty to preserve his own life. From this necessity of procuring supply against the needs of the morrow, and the needs of the actual hour, was deduced immediately the conclusion that property of some kind (_i.e._ the possession of some material things) was demanded by the law of man's nature. It was intended as an absolute justification of a sacred right.

But in this second article a completely different process is observed.

We are no longer considering man's essential nature in the abstract, but are becoming involved in arguments of concrete experience. The first was declared to be a sacred right, as it followed from a law of nature; the second is merely conditioned by the reasons brought forward to support it. To repeat the whole problem as it is put in the _Summa_, we can epitomise the reasoning of St. Thomas in this easier way. The question of property implies two main propositions: (_a_) the right to property, _i.e._ to the use of material creation; (_b_) the right to private property, _i.e._ to the actual division of material things among the determined individuals of a social group. The former is a sacred, inalienable right, which can never be destroyed, for it springs from the roots of man's nature. If man exists, and is responsible for his existence, then he must necessarily have the right to the means without which his existence is made impossible. But the second proposition must be determined quite differently. The kind of property here spoken of is simply a matter not of right, but of experienced necessity, and is to be argued for on the distinct grounds that without it worse things would follow: "it is even necessary for human life, and that for three reasons." This is a purely conditional necessity, and depends entirely on the practical effect of the three reasons cited. Were a state of society to exist in which the three reasons could no longer be urged seriously, then the necessity which they occasioned would also cease to hold. In point of fact, St. Thomas was perfectly familiar with a social group in which these conditions did not exist, and the law of individual possession did not therefore hold, namely, the religious orders. As a Dominican, he had defended his own Order against the attacks of those who would have suppressed it altogether; and in his reply to William of St. Amour he had been driven to uphold the right to common life, and consequently to deny that private property was inalienable.

Of course it was perfectly obvious that for St. Thomas himself the idea of the Commune or the State owning all the land and capital, and allowing to the individual citizens simply the use of these common commodities, was no doubt impracticable; and the three reasons which he gives are his sincere justification of the need of individual ownership.

Without this division of property, he considered that national life would become even more full of contention than it was already.

Accordingly, it was for its effectiveness in preventing a great number of quarrels that he defended the individual ownership of property.

Besides this article, there are many other expressions and broken phrases in which Aquinas uses the same phrase, a.s.serting that the actual division of property was due to human nature. "Each field considered in itself cannot be looked upon as naturally belonging to one rather than to another" (2, 2, 57, 3); "distinction of property is not inculcated by nature" (1_a_, 2_ae_, 94, 5); but again he is equally clear in insisting on the other proposition, that there is no moral law which forbids the possession of land in severalty. "The common claim upon things is traceable to the natural law, not because the natural law dictates that all things should be held in common, and nothing as belonging to any individual person, but because according to the natural law there is no distinction of possessions which comes by human convention" (2_a_, 2_ae_, 66, 2_ad_ 1_m_.).

To apprehend the full significance of this last remark, reference must be made to the theories of the Roman legal writers, which have been already explained. The law of nature was looked upon as some primitive determination of universal acceptance, and of venerable sanction, which sprang from the roots of man's being. This in its absolute form could never be altered or changed; but there was besides another law which had no such compelling power, but which rested simply on the experience of the human race. This was reversible, for it depended on specific conditions and stages of development. Thus nature dictated no division of property, though it implied the necessity of some property; the need of the division was only discovered when men set to work to live in social intercourse. Then it was found that unless divisions were made, existence was intolerable; and so by human convention, as St. Thomas sometimes says, or by the law of nature, as he elsewhere expresses it, the division into private property was agreed upon and took place.

This elaborate statement of St. Thomas was widely accepted through all the Middle Ages. Wycliff alone, and a few like him, ventured to oppose it; but otherwise this extremely logical and moderate defence of existing inst.i.tutions received general adhesion. Even Scotus, like Ockham, a brilliant Oxford scholar whose hidden tomb at Cologne finds such few pilgrims kneeling in its shade, so hardy in his thought and so eager to find a flaw in the arguments of Aquinas, has no alternative to offer. Franciscan though he was, and therefore, perhaps, more likely to favour communistic teaching, his own theory is but a repet.i.tion of what his rival had already propounded. Thus, for example, he writes in a typical pa.s.sage: "Even supposing it as a principle of positive law that 'life must be lived peaceably in a state of polity,' it does not straightway follow 'Therefore everyone must have separate possessions.'

For peace could be observed even if all things were in common. Nor even if we presuppose the wickedness of those who live together is it a necessary consequence. Still a distinction of property is decidedly in accord with a peaceful social life. For the wicked rather take care of their private possessions, and rather seek to appropriate to themselves than to the community common goods. Whence come strife and contention.

Hence we find it (division of property) admitted in almost every positive law. And although there is a fundamental principle from which all other laws and rights spring, still from that fundamental principle positive human laws do not follow absolutely or immediately. Rather it is as declarations or explanations in detail of that general principle that they come into being, and must be considered as evidently in accord with the universal law of nature." (_Super Sententias Quaestiones_, Bk.

4, Dist. 15, q. 2. Venice, 1580.)

Here again, then, are the same salient points we have already noticed in the _Summa_. There is the idea clearly insisted on that the division of property is not a first principle nor an immediate deduction from a first principle, that in itself it is not dictated by the natural law which leaves all things in common, that it is, however, not contrary to natural law, but evidently in accord with it, that its necessity and its introduction were due entirely to the actual experience of the race.

Again, to follow the theory chronologically still farther forward, St.

Antonino, whose charitable inst.i.tutions in Florence have stamped deeply with his personality that scene of his life's labours, does little more than repeat the words of St. Thomas, though the actual phrase in which he here compresses many pages of argument is reproduced from a work by the famous Franciscan moralist John de Ripa. "It is by no means right that here upon earth fallen humanity should have all things in common, for the world would be turned into a desert, the way to fraud and all manner of evils would be opened, and the good would have always the worse, and the bad always the better, and the most effective means of destroying all peace would be established" (_Summa Moralis_, 3, 3, 2, 1). Hence he concludes that "such a community of goods never could benefit the State." These are none other arguments than those already advanced by St. Thomas. His articles, already quoted, are indeed the _Locus Cla.s.sicus_ for all mediaeval theorists, and, though references in every mediaeval work on social and economic questions are freely made to Aristotle's _Politics_, it is evident that it is really Aquinas who is intended.

Distinction of property, therefore, though declared so necessary for peaceable social life, does not, for these thinkers, rest on natural law, nor a divine law, but on positive human law under the guidance of prudence and authority. Communism is not something evil, but rather an ideal too lofty to be ever here realised. It implied so much generosity, and such a vigour of public spirit, as to be utterly beyond the reach of fallen nature. The Apostles alone could venture to live so high a life, "for their state transcended that of every other mode of living"

(Ptolomeo of Lucca, _De Regimine Principio_, book iv., cap. 4, Parma, 1864, p. 273). However, that form of communism which entailed an absolutely even division of all wealth among all members of the group, though it had come to them on the authority of Phileas and Lycurgus, was indeed to be reprobated, for it contradicted the prime feature of all creation. G.o.d made all things in their proper number, weight, and measure. Yet in spite of all this it must be insisted on at the risk of repet.i.tion that the socialist theory of State ownership is never considered unjust, never in itself contrary to the moral law. Albertus Magnus, the master of Aquinas, and the leader in commenting on Aristotle's _Politics_, freely a.s.serts that community of goods "is not impossible, especially among those who are well disciplined by the virtue of philanthropy--that is, the common love of all; for love, of its own nature, is generous." But to arrange it, the power of the State must be called into play; it cannot rest on any private authority. "This is the proper task of the legislator, for it is the duty of the legislator to arrange everything for the best advantage of the citizens" (_In Politicis_, ii. 2, p. 70, Lyons, 1651). Such, too, is the teaching of St. Antonino, who even goes so far as to a.s.sert that "just as the division of property at the beginning of historic time was made by the authority of the State, it is evident that the same authority is equally competent to reverse its decision and return to its earlier social organisation" (_Summa Moralis_, ii. 3, 2, Verona, 1740, p. 182).

He lays down, indeed, a principle so broad that it is difficult to understand where it could well end: "That can be justly determined by the prince which is necessary for the peaceful intercourse of the citizens." And in defence he points triumphantly to the fact that the prince can set aside a just claim to property, and transfer it to another who happens to hold it by prescription, on the ground of the numerous disputes which might otherwise be occasioned. That is to say, that the law of his time already admitted that in certain circ.u.mstances the State could take what belonged to one and give it to another, without there being any fault on the part of the previous owner to justify its forfeiture; and he defends this proceeding on the axiom just cited (_ibid._, pp. 182-3), namely, its necessity "for the peaceful intercourse of the citizens."

The Schoolmen can therefore be regarded as a consistent and logical school. They had an extreme dislike to any broad generalisation, and preferred rather, whenever the occasion could be discovered, to distinguish rather than to concede or deny. Hence, confronted by the communistic theory of State ownership which had been advanced by Plato, and by a curious group of strange, heterodox teachers, and which had, moreover, the actual support of many patristic sayings, and the strong bias of monastic life, they set out joyfully to resolve it into the simplest and most una.s.sailable series of propositions. They began, therefore, by admitting that nature made no division of property, and in that sense held all things in common; that in the early stages of human history, when man, as yet unfallen, was conceived as living in the Garden of Eden in perfect innocency, common property amply satisfied his sinless and unselfish moral character; that by the Fall l.u.s.t and greed overthrew this idyllic state, and led to a continued condition of internecine strife, and the supremacy of might; that experience gradually brought men to realise that their only hope towards peaceful intercourse lay in the actual division of property, and the establishment of a system of private ownership; that this could only be set aside by men who were themselves perfect, or had vowed themselves to pursue perfection, namely, Our Lord, His Apostles, and the members of religious orders. To this list of what they held to be historic events they added another which contained the moral deductions to be made from these facts. This began by the a.s.sertion that private property in itself was not in any sense contrary to the virtue of justice; that it was entirely lawful; that it was even necessary on account of certain evil conditions which otherwise would prevail; that the State, however, had the right in extreme cases and for a just cause to transfer private property from one to another; that it could, when the needs of its citizens so demanded, reverse its primitive decision, and re-establish its earlier form of common ownership; that this last system, however possible, and however much it might be regretted as a vanished and lost ideal, was decidedly now a violent and impracticable proceeding.

These theories, it is evident, though they furnish the only arguments which are still in use among us to support the present social organisation, are also patent of an interpretation which might equally lead to the very opposite conclusion. In his fear of any general contradiction to communism which should be open to dispute, and in his ever-constant memory of his own religious life as a Dominican friar, Aquinas had to mark with precision to what extent and in what sense private property could be justified. But at the same time he was forced by the honesty of his logical training to concede what he could in favour of the other side. He took up in this question, as in every other, a middle course, in which neither extreme was admitted, but both declared to contain an element of truth. It is clear, too, that his scholastic followers, even to our own date, in their elaborate commentaries can find no escape from the relentless logic of his conclusions. Down the channel that he dug flowed the whole torrent of mediaeval and modern scholasticism.[2] But for those whose minds were practical rather than abstract, one or other proposition he advanced, isolated from the context of his thought, could be quoted as of moment, and backed by the greatness of his name. His a.s.sertion of the absolute impracticable nature of socialistic organisation, as he knew it in his own age, was too good a weapon to be neglected by those who sought about for means of defence for their own individualistic theories; whereas others, like the friars of whom Wycliff and Langland spoke, and who headed bands of luckless peasants in the revolt of 1381 against the oppression of an over-legalised feudalism, were blind to this remarkable expression of Aquinas' opinion, and quoted him only when he declared that "by nature all things were in common," and when he protested that the socialist theory of itself contained nothing contrary to the teaching of the gospel or the doctrines of the Church.

Truth is blinding in its brilliance. Half-truths are easy to see, and still easier to explain. Hence the full and detailed theory elaborated by the Schoolmen has been tortured to fit first one and then another scheme of political reform. Yet all the while its perfect adjustment of every step in the argument remains a wonderful monument of the intellectual delicacy and hardihood of the Schoolmen.

FOOTNOTE:

[2] _Cf._ Coutenson, _Theologia Mentis et Cordis_, iii. 388-389, Paris, 1875; and Billnart, _De Just.i.tia_, i. 123-124, Liege, 1746.

CHAPTER V

THE LAWYERS

Besides the Schoolmen, by whom the problems of life were viewed in the refracted light of theology and philosophy, there was another important cla.s.s in mediaeval times which exercised itself over the same social questions, but visaged them from an entirely different angle. This was the great brotherhood of the law, which, whether as civil or canonical, had its own theories of the rights of private ownership. It must be remembered, too, that just as the theologians supported their views by an appeal to what were considered historic facts in the origin of property, so, too, the legalists depended for the material of their judgment on circ.u.mstances which the common opinion of the time admitted as authentic.

When the West drifted out from the clouds of barbaric invasion, and had come into calm waters, society was found to be organised on a basis of what has been called feudalism. That is to say, the natural and universal result of an era of conquest by a wandering people is that the new settlers hold their possessions from the conqueror on terms essentially contractual. The actual agreements have varied constantly in detail, but the main principle has always been one of reciprocal rights and duties. So at the early dawn of the Middle Ages, after the period picturesquely styled the Wanderings of the Nations, we find the subjugating races have encamped in Europe, and hold it by a series of fiefs. The action, for example, of William the Norman, as plainly shown in Domesday Book, is typical of what had for some three or four centuries been happening here and on the Continent. Large tracts of land were parcelled out among the invading host, and handed over to individual barons to hold from the King on definite terms of furnishing him with men in times of war, of administering justice within their domains, and of a.s.sisting at his Council Board when he should stand in need of their advice. The barons, to suit their own convenience, divided up these territories among their own retainers on terms similar to those by which they held their own. And thus the whole organisation of the country was graduated from the King through the greater barons to tenants who held their possessions, whether a castle, or a farm, or a single hut, from another to whom they owed suit and service.

This roughly (constantly varying, and never actually quite so absolutely carried out) is the leading principle of feudalism. It is clearly based upon a contract between each man and his immediate lord; but, and this is of importance in the consideration of the feudal theory of private property, whatever rights and duties held good were not public, but private. There was not at the first, and in the days of what we may call "pure feudalism," any concept of a national law or natural right, but only a bundle of individual rights. Appeal from injustice was not made at a supreme law-court, but only to the courts of the barons to whom both litigants owed allegiance. The action of the King was quite naturally always directed towards breaking open this enclosed sphere of influence, and endeavouring to multiply the occasions on which his officials might interfere in the courts of his subjects. Thus the idea gradually grew up (and its growth is perhaps the most important matter of remark in mediaeval history), by which the King's law and the King's rights were looked upon as dominating those of individuals or groups.

The courts baron and customary, and the sokes of privileged townships were steadily emptied of their more serious cases, and shorn of their primitive powers. This, too, was undoubtedly the reason for the royal interference in the courts Christian (the feudal name for the clerical criminal court). The King looked on the Church, as he looked on his barons and his exempted townships, as outside his royal supremacy, and, in consequence, quarrelled over invest.i.ture and criminous clerks, and every other point in which he had not as yet secured that his writs and judgments should prevail. There was a whole series of courts of law which were absolutely independent of his officers and his decision. His restless energy throughout this period had, therefore, no other aim than to bring all these into a line with his own, and either to capture them for himself, or to reduce them to sheer impotence. But at the beginning there was little notion of a royal judge who should have power to determine cases in which barons not immediately holding their fiefs of the King were implicated. The concern of each was only with the lord next above him. And the whole conception of legal rights was, therefore, considered simply as private rights.

The growth of royal power consequently acted most curiously on contemporary thinkers. It meant centralisation, the setting up of a definite force which should control the whole kingdom. It resulted in absolutism increasing, with an ever-widening sphere of royal control. It culminated in the Reformation, which added religion to the other departments of State in which royal interference held predominance. Till then the Papacy, as in some sort "a foreign power," world-wide and many-weaponed, could treat on more than equal terms with any European monarch, and secure independence for the clergy. With the lopping off of the national churches from the parent stem, this energising force from a distant centre of life ceased. Each separate clerical organisation could now depend only on its own intrinsic efficiency. For most this meant absolute surrender.

The civil law therefore which supplanted feudalism entailed two seemingly contradicting principles which are of importance in considering the ownership of land. On the one hand, the supremacy of the King was a.s.sured. The people became more and more heavily taxed, their lands were subjected to closer inspection, their criminal actions were viewed less as offences against individuals than as against the peace of the King. It is an era in which, therefore, as we have already stated, the power of the individual sinks gradually more and more into insignificance in comparison with the rising force of the King's dominion. Private rights are superseded by public rights.