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In France also a similar development, if somewhat later than the English, occurs at a comparatively early date. By the end of the thirteenth century the legists of Philippe le Bel have created something of étatisme in their master's dominions.
For their tenure was liable to homage and fealty, as understood in the feudal sense, to wardships and impediments to marriage, to fines for alienations, to what English legists call primer seizins, rents, reliefs, escheats, and, finally, forfeitures; this last was at all times more strictly observed in England than in any other feudal country, and by its enactments so many noble families have, in the course of ages, been reduced to beggary, and their chiefs often brought to the block.
The right of force and the right of artifice glorified by the rhapsodists in the poems of the "Iliad" and the "Odyssey" inspired the legislation of the Greeks and Romans, from which they passed into our morals and codes. Christianity has not changed at all. The Gospel should not be blamed, because the priests, as stupid as the legists, have been unable either to expound or to understand it.
Even the European states which did not fall away from the old faith of Christendom took advantage, it might almost be said, of the difficult position in which the Holy Father found himself, to countenance new doctrines with respect to the limits of the authority of the Supreme Pontiff; and the new errors which so suddenly appeared in France and elsewhere, during the prevalence and at the extinction of the great schism, limiting the power of the Popes in many matters where it had been considered binding, broke out again, in France principally, under the lead of Protestant or Erastian parliamentarians and legists, under the name of Gallican liberties pretended liberties, which would really make the Church a subordinate adjunct of the State, instead of what it is, a spiritual living body ruled exclusively by a spiritual head.
But I must close this chapter with an exposition of one of those startling truths which never have been dreamed of by legists or economists. That, from the Stand-point of Justice, Labor destroys Property. This proposition is the logical result of the two preceding sections, which we have just summed up.
While building up a centralized State such as the legists of the Renaissance conceived it, a State independent of local institutions and possessing a distinct life apart from the people and above them, he endeavoured, as much as possible, to respect local privileges, superimposing modern institutions on mediæval ones and preserving, if not wholly, at least formally, the rights of each province and town.
But it was impossible that a stern, just man like Edward, penetrated with the most advanced doctrine of European legists and deriving his information from English employés, should be able to understand the position of the chief of a semibarbarous nationality, who thought outrages on law matters to be atoned for by fines, while he brooded with implacable rancor over every slight, real or fancied, to his own position as prince of Wales, representative of a dynasty that had ruled "since the time of Camber the son of Brutus."
In the Parliament of Paris, a corps of legists who understood the Roman law were admitted with the lords, knights, and prelates. More and more these "counsellors" were left to themselves. Later there was a division into Chambers, of which the Grand Chamber for the final hearing and decision of appeals was of principal importance. Philip the Fair gave a more complete organization to Parliament.
On this point, economists and legists talk worse than nonsense. However, light is not wanting. There are some few maxims such as these: Ad reges potestas omnium pertinet, ad singulos proprietas; Omnia rex imperio possidet, singula dominio. Social sovereignty opposed to private property! might not that be called a prophecy of equality, a republican oracle?
DEATH OF BONIFACE VIII. Meantime Philip had assembled anew the States General . The legists lent their counsel and active support. It was proposed to the king to convoke a general council of the Church, and to summon the Pope before it. William of Nogaret, a great lawyer in the service of Philip, was directed to lodge with Boniface this appeal to a council, and to publish it at Rome.
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