The German World

The moral phenomena above mentioned, tending in the direction of a general principle, were partly of a subjective, partly of a speculative order. But we must now give particular attention to the practical political movements of the period. The advance which that period witnessed, presents a negative aspect in so far as it involves the termination of the sway of individual caprice and of the isolation of power. Its affirmative aspect is the rise of a supreme authority whose dominion embraces all – a political power properly so called, whose subjects enjoy an equality of rights, and in which the will of the individual is subordinated to that common interest which underlies the whole. This is the advance from Feudalism to Monarchy. The principle of feudal sovereignty is the outward force of individuals – princes, liege lords; it is a force destitute of intrinsic right. The subjects of such a Constitution are vassals of a superior prince or seigneur, to whom they have stipulated duties to perform: but whether they perform these duties or not, depends upon the seigneur's being able to induce them so to do, by force of character or by grant of favors: – conversely, the recognition of those feudal claims themselves was extorted by violence in the first instance; and the fulfilment of the corresponding duties could be secured only by the constant exercise of the power which was the sole basis of the claims in question. The monarchical principle also implies a supreme authority, but it is an authority over persons possessing no independent power to support their individual caprice; where we have no longer caprice opposed to caprice; for the supremacy implied in monarchy is essentially a power emanating from a political body, and is pledged to the furtherance of that equitable purpose on which the constitution of a state is based. Feudal sovereignty is a polyarchy: we see nothing but Lords and Serfs; in Monarchy, on the contrary, there is one Lord and no Serf, for servitude is abrogated by it, and in it Right and Law are recognized; it is the source of real freedom. Thus in monarchy the caprice of individuals is kept under, and a common gubernatorial interest established. In the suppression of those isolated powers, as also in the resistance made to that suppression, it seems doubtful whether the desire for a lawful and equitable state of things, or the wish to indulge individual caprice, is the impelling motive. Resistance to kingly authority is entitled Liberty, and is lauded as legitimate and noble when the idea of arbitrary will is associated with that authority. But by the arbitrary will of an individual exerting itself so as to subjugate a whole body of men, a community is formed; and comparing this state of things with that in which every point is a centre of capricious violence, we find a much smaller number of points exposed to such violence. The great extent of such a sovereignty necessitates general arrangements for the purposes of organization, and those who govern in accordance with those arrangements are at the same time, in virtue of their office itself, obedient to the state: Vassals become Officers of State, whose duty it is to execute the laws by which the state is regulated. But since this monarchy is developed from feudalism, it bears in the first instance the stamp of the system from which it sprang. – individuals quit their isolated capacity and become members of Estates [or Orders of the Realm] and Corporations; the vassals are powerful only by combination as an Order; in contraposition to them the cities constitute Powers in virtue of their communal existence. Thus the authority of the sovereign inevitably ceases to be mere arbitrary sway. The consent of the Estates and Corporations is essential to its maintenance ; and if the prince wishes to have that consent, he must will what is just and reasonable. We now see a Constitution embracing various Orders, while Feudal rule knows no such Orders. We observe the transition from feudalism to monarchy taking place in three ways: 1. Sometimes the lord paramount gains a mastery over his independent vassals, by subjugating their individual power – thus making himself sole ruler.

2. Sometimes the princes free themselves from the feudal relation altogether, and become the territorial lords of certain states; or lastly