Latin
Ancient Law
Roman Law and Society, Useful Links to Roman Law Materials. 2.1.151
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These singularities of view were not altered on the partition of the inheritance of Charlemagne among his three grandsons. Charles the Bald, Lewis, and Lothair were still theoretically --if it be proper to use the word --Emperors of Rome. Just as the Caesars of the Eastern and Western Empires had each been de jure emperor of the whole world, with defacto control over half of it, so the three Carlovingians appear to have considered their power as limited, but their title as unqualified. The same speculative universality of sovereignty continued to be associated with the Imperial throne after the second division on the death of Charles the Fat, and, indeed, was never thoroughly dissociated from it so long as the empire of Germany lasted. Territorial sovereignty --the view which connects sovereignty with the possession of a limited portion of the earth's surface --was distinctly an offshoot, though a tardy one, of feudalism. This might have been expected a priori, for it was feudalism which for the first time linked personal duties, and by consequence personal rights, to the ownership of land. Whatever be the proper view of its origin and legal nature, the best mode of vividly picturing to ourselves the feudal organization is to begin with the basis, to consider the relation of the tenant to the patch of soil which created and limited his services --and then to mount up, through narrowing circles of super-feudation, till we approximate to the apex of the system. Where that summit exactly was during the later portion of the dark ages it is not easy to decide. Probably, wherever te conception of tribe sovereignty had really decayed, the topmost point was always assigned to the supposed successor of the Caesars of the West. But before long, when the actual sphere of Imperial authority had immensely contracted, and when the emperors had concentrated the scanty remains of their power upon Germany and North Italy, the highest feudal superiors in all the outlying portions of the former Carlovingian empire found themselves practically without a supreme head. Gradually they habituated themselves to the new situation, and the fact of immunity put at last out of sight the theory of dependence; but there are many symptoms that this change was not quite easily accomplished; and, indeed, to the impression that in the nature of things there must necessarily be a culminating domination somewhere, we may, no doubt, refer the increasing tendency to attribute secular superiority to the See of Rome. The completion of the first stage in the revolution of opinion is marked, of course, by the accession of the Capetian dynasty in France. When the feudal prince of a limited territory surrounding Paris began, from the accident of his uniting an unusual number of suzerainties in his own person, to call himself King of France, he became king in quite a new sense, a sovereign standing in the same relation to the soil of France as the baron to his estate, the tenant to his freehold. The precedent, however, was as influential as it was novel, and the form of the monarchy in France had visible effects in hastening changes which were elsewhere proceeding in the same direction. The kingship of our Anglo-Saxon regal houses was midway between the chieftainship of a tribe and a territorial supremacy,. but the superiority of the Norman monarchs, imitated from that of the King of France, was distinctly a territorial sovereignty. Every subsequent dominion which was established or consolidated was formed on the later model. Spain, Naples, and the principalities founded on the ruins of municipal freedom in Italy, were all under rulers whose sovereignty was territorial. Few things, I may add, are more curious than the gradual lapse of the Venetians from one view to the other. At the commencement of its foreign conquests, the republic regarded itself as an antitype of the Roman commonwealth, governing a number of subject provinces. Move a century onwards, and you find that it wishes to be looked upon as a corporate sovereign, claiming the rights of a feudal suzerain over its possessions in Italy and the AEgean.