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The legal context for the succession debate in 1341 is highlighted in chapter 6, in which the uses and customs (royal vs. Breton) applied in the arguments of both sides are discussed in detail, together with alternative understandings of princely power and status within societal groupings. Those arguments corresponded more to their context and dynamic strategy than individual principles, concludes the author, signaling the reversal of positions when the succession debate recurred in 1379.
The Viking age ended in the twelfth century in Scandinavia. Rising royal powers recruited most magnates and secured the development of medieval maritime trade. Only a few people who were marginalized to the peripheries turned to piracy. The situation in the Eastern Baltic and along Russian rivers was different. The Viking culture arrived there in the ninth century, but princely power formed late. Control of remote areas was superficial. Raiding by private gangs of young men and warlords continued: this activity was part of the economy and local societies benefited from it. The culture faded away gradually after the late fourteenth century but still in the seventeenth century, dragon ships raided along Siberian rivers. This activity provided the context for the formation of the early modern Muscovite economy, which differed from the West European pattern. This difference is essential to understand the situation in Russia today.
Janssen makes use of a variety of sources to present this case study, but the letters and extensive diaries of William Frederick are clearly his most important and richest sources. To counter the self-promoting bias of his autobiographical evidence, Janssen makes it a point to ask what function the texts filled for William Frederick when he wrote them rather than to accept them as a "mere record of his life" (9). For Janssen, the diaries contain a "detailed record of favours, services and courtesies exchanged" throughout William Frederick's adult life (11). Coupled with thousands of letters to and from William Frederick, these diaries provide a full picture of his patronage relationships.
Janssen focuses on revealing the dual roles that William Frederick played as patron on one hand and client on the other. The multifaceted nature of patronage relationships is even more clearly illustrated in the case of William Frederick because of the additional aspects of public and [End Page 608] private patronage networks. Though not necessarily unique to the Dutch experience, the roles that William Frederick played as Stadholder in the province of Friesland (public) and as Count of Nassau-Dietz (private) meant that he needed to cultivate distinct patronage/clientage relationships. The result was a complex and dynamic social and political milieu that William Frederick was forced to negotiate throughout his life.
The organization of the book reflects these diverse roles. Janssen first presents William Frederick as patron establishing relationships and bestowing favors by virtue of both his political office and his hereditary county. As Stadholder, William Frederick was under certain constraints as a patron due to his office and the expectations and requirements set by the Frisian provincial states. As Count of Nassau-Dietz, he had no such constraints and could be much more flexible in granting favors. Later in the book, Janssen presents William Frederick as the client of William II, the prince of Orange, his wealthier and more powerful relative. Janssen deftly illustrates the switch that William Frederick made from patron to client when in his cousin's court in The Hague.
Janssen's argument that "clientage was not a matter of fixed relationships, but a process of continual adaptation to change and to different social environments" is convincing (185). In William Frederick, he found a compelling example to demonstrate the dynamic nature of patronage relationships.
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This admirable and well-written study of hunting and elite identity in north Indian princely states in the later nineteenth and early twentieth century is a welcome addition to social and environmental history of this period.
Animal Kingdoms is brilliant scholarship at its best and should be considered a very substantial addition to the now mature field of South Asian environmental history. It enables with its themes, concerns and vibrant engagements many different scripts on political ecology and environmental imagination.
But this left them on the horns of a dilemma, since even the most ardent parliamentarians recognized the need for a magistracy to execute the law vigorously and predictably. The parliamentarian Henry Parker, summarized the problem:
[I]n every Commonwealth, when it once begins to flourish, and to grow rich and mighty, the people grow proud withall, and their pride makes them contentious and litigious, so as there is need of many Laws to bridle them, and many Officers to execute those Laws, and many Lawyers to interpret those Laws, and all little enough: as when a body grows full and gross, it needs more physick then when it was lean.169169Davies, Report of Cases in Ireland, supra note 120, at 16....Close
The second step was prescriptive, and it was at least initially far more controversial. On this account, not only were the powers of government in fact distributed among various institutions; they actually should be so separated, with each institution at least somewhat independent from the other. The Enlightenment philosopher Cesare Beccaria captured the basic idea:
We are left with a puzzle. In the face of such overwhelming evidence, how did the Royal Residuum Thesis come to conflate the overarching category of royal prerogative with a single sub-item on the incredibly long list of authorities that it included? How could a Supreme Court Justice wind up writing the following, catastrophically incorrect summary of the evidence:
[T]he executive power is either internal or external. We may call it internal when it is exercised upon objects within the society; when it is employed in securing the rights[,] or enforcing the duties of the several members, in respect either of one another or of the society itself. And we may call it external executive power, when it is exercised upon objects out of the society; when it is employed in protecting either the body or the several members of it against external injuries . . . .3493492 Thomas Rutherforth, Institutes of Natural Law 59 (Philadelphia, printed for William Young 3d ed. 1799) [hereinafter Rutherforth, Institutes of Natural Law]....Close
[T]he external executive power, in its own nature, is no more an independent power of acting without being controlled by the legislative, than the internal executive power is. Even in those civil societies, where the particular constitution has left this power discretionary in some instances, it does not suffer it to be so in all.3573572 Rutherforth, Institutes of Natural Law, supra note 349, at 66....Close
Here Montesquieu and Rutherforth were on common ground with every other commentator I have encountered. Everyone agreed that an exercise of the conceptual function of legislative power would define the scope of every other function of government, including the federative:
We act as a nation, when, through the organ of the legislative power, which speaks the will of the nation, and by means of the executive power which does the will of the nation, we enact laws, form alliances, make war or peace, dispose of the public money, or do any of those things which belong to us in our collective capacity.360360Anna Letitia Barbauld, Sins of Government, Sins of the Nation; or, a Discourse for the Fast 3 (London, printed for J. Johnson 1793)....Close
One consequence must be, to enlarge the sphere of discretion allotted to the executive magistrate. Even within the legislative limits properly defined by the [C]onstitution, the difficulty of accommodating legal regulations to a country so great in extent, and so various in its circumstances, has been much felt; and has led to occasional investments of power in the executive, which involve perhaps as large a portion of discretion, as can be deemed consistent with the nature of the executive trust. In proportion as the objects of legislative care might be multiplied, would the time allowed for each be diminished, and the difficulty of providing uniform and particular regulations for all be increased. From these sources would necessarily ensue a greater latitude to the agency of that department which is always in existence, and which could best mould regulations of a general nature, so as to suit them to the diversity of particular situations.449449Report of the Virginia Resolves 1800, reprinted in 17 The Papers of James Madison, supra note 268, at 316....Close
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