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Updated: June 25, 2025
That theory depends very largely upon the notion of succession, to use the word just quoted from Savigny, and accordingly successions will be the subject of this and the following Lecture.
In the chapter on Successions I shall attempt to show in what sense, and to what extent, this "unity" can be accepted as a reality. I can only say at present that these responsibilities of the Paterfamilias, and other legal phenomena which will be discussed hereafter, appear to me to point at certain duties of the primitive Patriarchal chieftain which balanced his rights.
We hear only of kings and great barons and glorious knights; and their wonderful deeds and their valor and prowess excepting in the wars with the Moors were always over boundary-lines and successions, or personal quarrels more or less disgraceful, with never a single high purpose or a principle involved.
When he decided to appeal to Glady he had hesitated between him and a usurer named Caffie, whom he did not know personally, but whom he had heard spoken of as a rascal who was interested in all sorts of affairs, preferring the bad to the good of successions, marriages, interdictions, extortions; and if he had not been to him it was for fear of being refused, as much as from the dread of putting himself in such hands in case of meeting with compliance.
Wars to maintain family alliances, to uphold or to cast down dynasties, and to regulate successions to thrones, which have occupied so much room in the history of modern times, if not less likely to happen at all, will be less likely to become general and involve many nations, as the great principle shall be more and more established, that the interest of the world is peace, and its first great statute, that every nation possesses the power of establishing a government for itself.
They could not hinder disputed successions, and civil feuds, and wars, and political conspiracies. What they did do was to shelter the weak from the strong. In the eyes of the clergy, the serf and his lord stood on the common level of sinful humanity. Into their ranks high birth was no passport.
There are thus two kinds of uniformities of succession, the one unconditional, the other conditional on the first: laws of causation, and other successions dependent on those laws.
Undertakings, any one of which singly might have required, they thought, for their completion, several successions and ages of men, were every one of them accomplished in the height and prime of one man's political service. Although they say, too, that Zeuxis once, having heard Agatharchus, the painter, boast of despatching his work with speed and ease, replied, "I take a long time."
V. of "Transactions of the Zoölogical Society," he says, "that natural evolution, through secondary causes, by means of slow physical and organic operations through long ages, is not the less clearly recognizable as the act of all-adaptive Mind, because we have abandoned the old error of supposing it the result of a primary, direct and sudden act of creational construction.... The succession of species by continuously operating law is not necessarily a 'blind operation. Such law, however designed in the properties and successions of natural objects, intimates, nevertheless, a preconceived progress.
The country thereabouts was settled by a thrifty and prosperous race of pioneers, and presented a most attractive appearance. Alternate successions of hill and dale greeted the eye of the traveller as he drove along the hard-packed highway, fifteen miles in length, which formed the connecting link between the two towns above mentioned.
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