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第9节

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which maintained a family。 In some places it is so at this day;

nor will money at present purchase a greater quantity of

commodities there than in other places。 In a country where the

surplus produce of a large estate must be consumed upon the

estate itself; it will frequently be more convenient for the

proprietor that part of it be consumed at a distance from his own

house provided they who consume it are as dependent upon him as

either his retainers or his menial servants。 He is thereby saved

from the embarrassment of either too large a company or too large

a family。 A tenant at will; who possesses land sufficient to

maintain his family for little more than a quit…rent; is as

dependent upon the proprietor as any servant or retainer whatever

and must obey him with as little reserve。 Such a proprietor; as

he feeds his servants and retainers at his own house; so he feeds

his tenants at their houses。 The subsistence of both is derived

from his bounty; and its continuance depends upon his good

pleasure。

     Upon the authority which the great proprietor necessarily

had in such a state of things over their tenants and retainers

was founded the power of the ancient barons。 They necessarily

became the judges in peace; and the leaders in war; of all who

dwelt upon their estates。 They could maintain order and execute

the law within their respective demesnes; because each of them

could there turn the whole force of all the inhabitants against

the injustice of any one。 No other persons had sufficient

authority to do this。 The king in particular had not。 In those

ancient times he was little more than the greatest proprietor in

his dominions; to whom; for the sake of common defence against

their common enemies; the other great proprietors paid certain

respects。 To have enforced payment of a small debt within the

lands of a great proprietor; where all the inhabitants were armed

and accustomed to stand by one another; would have cost the king;

had he attempted it by his own authority; almost the same effort

as to extinguish a civil war。 He was; therefore; obliged to

abandon the administration of justice through the greater part of

the country to those who were capable of administering it; and

for the same reason to leave the command of the country militia

to those whom that militia would obey。

     It is a mistake to imagine that those territorial

jurisdictions took their origin from the feudal law。 Not only the

highest jurisdictions both civil and criminal; but the power of

levying troops; of coining money; and even that of making

bye…laws for the government of their own people; were all rights

possessed allodially by the great proprietors of land several

centuries before even the name of the feudal law was known in

Europe。 The authority and jurisdiction of the Saxon lords in

England appear to have been as great before the Conquest as that

of any of the Norman lords after it。 But the feudal law is not

supposed to have become the common law of England till after the

Conquest。 That the most extensive authority and jurisdictions

were possessed by the great lords in France allodially long

before the feudal law was introduced into that country is a

matter of fact that admits of no doubt。 That authority and those

jurisdictions all necessarily flowed from the state of property

and manners just now described。 Without remounting to the remote

antiquities of either the French or English monarchies; we may

find in much later times many proofs that such effects must

always flow from such causes。 It is not thirty years ago since

Mr。 Cameron of Lochiel; a gentleman of Lochabar in Scotland;

without any legal warrant whatever; not being what was then

called a lord of regality; nor even a tenant in chief; but a

vassal of the Duke of Argyle; and without being so much as a

justice of peace; used; notwithstanding; to exercise the highest

criminal jurisdiction over his own people。 He is said to have

done so with great equity; though without any of the formalities

of justice; and it is not improbable that the state of that part

of the country at that time made it necessary for him to assume

this authority in order to maintain the public peace。 That

gentleman; whose rent never exceeded five hundred pounds a year;

carried; in 1745; eight hundred of his own people into the

rebellion with him。

     The introduction of the feudal law; so far from extending;

may be regarded as an attempt to moderate the authority of the

great allodial lords。 It established a regular subordination;

accompanied with a long train of services and duties; from the

king down to the smallest proprietor。 During the minority of the

proprietor; the rent; together with the management of his lands;

fell into the hands of his immediate superior; and; consequently;

those of all great proprietors into the hands of the king; who

was charged with the maintenance and education of the pupil; and

who; from his authority as guardian; was supposed to have a right

of disposing of him in marriage; provided it was in a manner not

unsuitable to his rank。 But though this institution necessarily

tended to strengthen the authority of the king; and to weaken

that of the great proprietors; it could not do either

sufficiently for establishing order and good government among the

inhabitants of the country; because it could not alter

sufficiently that state of property and manners from which the

disorders arose。 The authority of government still continued to

be; as before; too weak in the head and too strong in the

inferior members; and the excessive strength of the inferior

members was the cause of the weakness of the head。 After the

institution of feudal subordination; the king was as incapable of

restraining the violence of the great lords as before。 They still

continued to make war according to their own discretion; almost

continually upon one another; and very frequently upon the king;

and the open country still continued to be a scene of violence;

rapine; and disorder。

     But what all the violence of the feudal institutions could

never have effected; the silent and insensible operation of

foreign commerce and manufactures gradually brought about。 These

gradually furnished the great proprietors with something for

which they could exchange the whole surplus produce of their

lands; and which they could consume themselves without sharing it

either with tenants or retainers。 All for ourselves and nothing

for other people; seems; in every age of the world; to have been

the vile maxim of the masters of mankind。 As soon; therefore; as

they could find a method of consuming the whole value of their

rents themselves; they had no disposition to share them with any

other persons。 For a pair of diamond buckles; perhaps; or for

something as frivolous and useless; they exchanged the

maintenance; or what is the same thing; the price of the

maintenance of a thousand men for a year; and with it the whole

weight and authority which it could give them。 The buckles;

however; were to be all their own; and no other human creature

was to have any share of them; whereas in the more ancient method

of expense they must have shared with at least a thousand people。

With the judges that were to determine the preference this

difference was perfectly decisive; and thus; for the

gratification of the most childish; the meanest; and the most

sordid of all vanities; they gradually bartered their whole power

and authority。

     In a country where there is no foreign commerce; nor any of

the finer manufactures; a man of ten thousand a year cannot well

employ his revenue in any other way than in maintaining; perhaps;

a thousand families; who are all of them necessarily at his

command。 In the present state of Europe; a man of ten thousand a

year can spend his whole revenue; and he generally does so;

without directly maintaining twenty people; or being able to

command more than ten footmen not worth the commanding。

Indirectly; perhaps; he maintains as great or even a greater

number of people than he could have done by the ancient method of

expense。 For though the quantity of precious productions for

which he exchanges his whole revenue be very small; the number of

workmen employed in collecting and preparing it must necessarily

have been very great。 Its great price generally arises from the

wages of their labour; and the profits of all their immediate

employers。 By paying that price he indirectly pays all those

wages and profits and thus indirectly contributes to the

maintenance of all the workmen and their employers。 He generally

contributes; however; but a very small proportion to that of

each; to very few perhaps a tenth; to many not a hundredth; and

to some not a thousandth; nor even a ten…thousandth part of their

whole annual maintenance。 Though he contributes; therefore; to

the maintenance of them all; they are all more or less

independent of him; because generally they can all be maintained

without him。

     When the great proprietors of land spend their rents in

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