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the commonwealth of oceana-第13章

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en to distrain for it; that in the time of Honorius they sacked Rome; and possessed themselves of Italy。 And such was the transition of ancient into modern prudence; or that breach; which being followed in every part of the Roman Empire with inundations of Vandals; Huns; Lombards; Franks; Saxons; overwhelmed ancient languages; learning; prudence; manners; cities; changing the names of rivers; countries; seas; mountains; and men; Camillus; Caesar; and Pompey; being come to Edmund; Richard; and Geoffrey。     To open the groundwork or balance of these new politicians: 〃Feudum;〃 says Calvin the lawyer; 〃is a Gothic word of divers significations; for it is taken either for war; or for a possession of conquered lands; distributed by the victor to such of his captains and soldiers as had merited in his wars; upon condition to acknowledge him to be their perpetual lord; and themselves to be his subjects。〃     Of these there were three kinds or orders: the first of nobility distinguished by the titles of dukes; marquises; earls; and these being gratified with the cities; castles; and villages of the conquered Italians; their feuds participated of royal dignity; and were called regalia; by which they had right to coin money; create magistrates; take toll; customs; confiscations; and the like。     Feuds of the second order were such as; with the consent of the King; were bestowed by these feudatory princes upon men of inferior quality; called their barons; on condition that next to the King they should defend the dignities and fortunes of their lords in arms。     The lowest order of feuds were such; as being conferred by those of the second order upon private men; whether noble not noble; obliged them in the like duty to their superiors; the were called vavasors。 And this is the Gothic balance; by which all the kingdoms this day in Christendom were at first erected; for which cause; if I had time; I should open in this place the Empire of Germany; and the Kingdoms of France; Spain; and Poland; but so much as has been said being sufficient for the discovery of the principles of modern prudence in general; I shall divide the remainder of my discourse; which is more particular; into three parts:     The first; showing the constitution of the late monarchy of Oceana;     The second; the dissolution of the same; and     The third; the generation of the present commonwealth。

    The constitution of the late monarchy of Oceana is to be considered in relation to the different nations by whom it has been successively subdued and governed。 The first of these were the Romans; the second the Teutons; the third the Scandians; and the fourth the Neustrians。     The government of the Romans; who held it as a province; I shall omit; because I am to speak of their provincial government in another place; only it is to be remembered here; that if we have given over running up and down naked; and with dappled hides; learned to write and read; and to be instructed with good arts; for all these we are beholden to the Romans; either immediately or mediately by the Teutons; for that the Teutons had the arts from no other hand is plain enough by their language; which has yet no word to signify either writing or reading; but what is derived from the Latin。 Furthermore; by the help of these arts so learned; we have been capable of that religion which we have long since received; wherefore it seems to me that we ought not to detract from the memory of the Romans; by whose means we are; as it were; of beasts become men; and by whose means we might yet of obscure and ignorant men (if we thought not too well of ourselves) become a wise and a great people。     The Romans having governed Oceana provincially; the Teutons were the first that introduced the form of the late monarchy。 To these succeeded the Scandians; of whom (because their reign was short; as also because they made little alteration in the government as to the form) I shall take no notice。 But the Teutons going to work upon the Gothic balance; divided the whole nation into three sorts of feuds; that of ealdorman; that of king's thane; and that of middle thane。     When the kingdom was first divided into precincts will be as hard to show as when it began first to be governed。 It being impossible that there should be any government without some division。 The division that was in use with the Teutons was by counties; and every county had either its ealdorman or high reeve。 The title of ealdorman came in time to eorl; or erl; and that of high reeve to high sheriff。     Earl of the shire or county denoted the king's thane; or tenant by grand sergeantry or knight's service; in chief or in capite; his possessions were sometimes the whole territory from whence he had his denomination; that is; the whole county; sometimes more than one county; and sometimes less; the remaining part being in the crown。 He had also sometimes a third; or some other customary part of the profits of certain cities; boroughs; or other places within his earldom。 For an example of the possessions of earls in ancient times; Ethelred had to him and his heirs the whole Kingdom of Mercia; containing three or four counties; and there were others that had little less。     King's thane was also an honorary title; to which he was qualified that had five hides of land held immediately of the King by service of personal attendance; insomuch that if a churl or countryman had thriven to this proportion; having a church; a kitchen; a bell…house (that is; a hall with a bell in it to call his family to dinner); a borough…gate with a seat (that is; a porch) of his own; and any distinct office in the King's court; then was he the King's thane。 But the proportion of a hide…land; otherwise called caruca; or a plough…land; is difficult to be understood; because it was not certain; nevertheless it is generally conceived to be so much as may be managed with one plough; and would yield the maintenance of the same; with the appurtenances in all kinds。     The middle thane was feudal; but not honorary; he was also called a vavasor; and his lands a vavasory; which held of some mesne lord; and not immediately of the King。     Possessions and their tenures; being of this nature; show the balance of the Teuton monarchy; wherein the riches of earls were so vast that to arise from the balance of their dominion to their power; they were not only called reguli; or little kings; but were such indeed; their jurisdiction being of two sorts; either that which was exercised by them in the court of their countries; or in the high court of the kingdom。     In the territory denominating an earl; if it were all his own; the courts held; and the profits of that jurisdiction were to his own use and benefit。 But if he had but some part of his county; then his jurisdiction and courts; saving perhaps in those possessions that were his own; were held by him to the King's use and benefit; that is; he commonly supplied the office which the sheriffs regularly executed in counties that had no earls; and whence they came to be called viscounts。 The court of the county that had an earl was held by the earl and the bishop of the diocese; after the manner of the sheriffs' turns to this day; by w
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