按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
only the first words of this thirteenth article； ordaining that the precepts shall be observed； which cannot be understood of those he had just abolished by the same law。 We have another constitution by the same prince；＇24＇ which is in relation to his decree； and corrects in the same manner every article of the abuses of the precepts。
True it is that Baluzius； finding this constitution without date and without the name of the place where it was given； attributes it to Clotharius I。 But I say it belongs to Clotharius II； for three reasons： 1。 It says that the king will preserve the immunities granted to the churches by his father and grandfather。＇25＇ What immunities could the churches receive from Childeric； grandfather of Clotharius I； who was not a Christian； and who lived even before the foundation of the monarchy？ But if we attribute this decree to Clotharius II； we shall find his grandfather to have been this very Clotharius I； who made immense donations to the church with a view of expiating the murder of his son Cramne； whom he had ordered to be burned； together with his wife and children。
2。 The abuses redressed by this constitution were still subsisting after the death of Clotharius I and were even carried to their highest extravagance during the weak reign of Gontram； the cruel administration of Chilperic； and the execrable regencies of Fredegunda and Brunehault。 Now； can we imagine that the nation would have borne with grievances so solemnly proscribed； without complaining of their continual repetition？ Can we imagine she would not have taken the same step as she did afterwards under Childeric II；＇26＇ when； upon a repetition of the old grievances； she pressed him to ordain that law and customs in regard to judicial proceedings should be complied with as formerly。＇27＇
In fine； as this constitution was made to redress grievances； it cannot relate to Clotharius I； since there were no complaints of that kind in his reign； and his authority was perfectly established throughout the kingdom； especially at the time in which they place this constitution； whereas it agrees extremely well with the events that happened during the reign of Clotharius II； which produced a revolution in the political state of the kingdom。 History must be illustrated by the laws； and the laws by history。
3。 Authority of the Mayors of the Palace。 I noticed that Clotharius II had promised not to deprive Warnacharius of his mayor's place during life； a revolution productive of another effect。 Before that time the mayor was the king's officer； but now he became the officer of the people； he was chosen before by the king； and now by the nation。 Before the revolution Protarius had been made mayor by Theodoric； and Landeric by Fredegunda；＇28＇ but after that the mayors＇29＇ were chosen by the nation。＇30＇
We must not therefore confound； as some authors have done； these mayors of the palace with such as were possessed of this dignity before the death of Brunehault； the king's mayors with those of the kingdom。 We see by the law of the Burgundians that among them the office of mayor was not one of the most respectable in the state；＇31＇ nor was it one of the most eminent under the first Kings of the Franks。＇32＇
Clotharius removed the apprehensions of those who were possessed of employments and fiefs； and when； after the death of Warnacharius；＇33＇ he asked the lords assembled at Troyes； who is it they would put in his place； they cried out they would choose no one； but suing for his favour committed themselves entirely into his hands。
Dagobert reunited the whole monarchy in the same manner as his father； the nation had a thorough confidence in him； and appointed no mayor。 This prince； finding himself at liberty and elated by his victories； resumed Brunehault's plan。 But he succeeded so ill that the vassals of Austrasia let themselves be beaten by the Sclavonians； and returned home； so that the marches of Austrasia were left to prey to the barbarians。＇34＇
He determined then to make an offer to the Austrasians of resigning that country； together with a provincial treasure； to his son Sigebert； and to put the government of the kingdom and of the palace into the hands of Cunibert； Bishop of Cologne； and of the Duke Adalgisus。 Fredegarius does not enter into the particulars of the conventions then made； but the king confirmed them all by charters； and Austrasia was immediately secured from danger。＇35＇
Dagobert； finding himself near his end； recommended his wife Nentechildis and his son Clovis to the care of ？ga。 The vassals of Neustria and Burgundy chose this young prince for their king。＇36＇ ？ga and Nentechildis had the government of the palace；＇37＇ they restored whatever Dagobert had taken；＇38＇ and complaints ceased in Neustria and Burgundy； as they had ceased in Austrasia。
After the death of ？ga； Queen Nentechildis engaged the lords of Burgundy to choose Floachatus for their mayor。＇39＇ The latter dispatched letters to the bishops and chief lords of the kingdom of Burgundy； by which he promised to preserve their honours and dignities for ever； that is； during life。＇40＇ He confirmed his word by oath。 This is the period at which the author of the Treatise on the Mayors of the Palace fixes the administration of the kingdom by those officers。＇41＇
Fredegarius； being a Burgundian； has entered into a more minute detail as to what concerns the Mayors of Burgundy at the time of the revolution of which we are speaking； than with regard to the mayors of Austrasia and Neustria。 But the conventions made in Burgundy were； for the very same reasons； agreed to in Neustria and Austrasia。
The nation thought it safer to lodge the power in the hands of a mayor whom she chose herself； and to whom she might prescribe conditions； than in those of a king whose power was hereditary。
4。 Of the Genius of the Nation in regard to the Mayors。 A government in which a nation that had an hereditary king chose a person to exercise the regal authority seems very extraordinary； but； independently of the circumstances of the times； I apprehend that the notions of the Franks in this respect were derived from a remote source。
The Franks were descended from the Germans； of whom Tacitus says＇42＇ that in the choice of their king they were determined by his noble extraction； and in that of their leader； by his valour。 This gives us an idea of the kings of the first race； and of the mayors of the palace； the former were hereditary； the latter elective。
No doubt but those princes who stood up in the national assembly and offered themselves as the conductors of a public enterprise to such as were willing to follow them； united generally in their own person both the power of the mayor and the king's authority。 By the splendour of their descent they had attained the regal dignity； and their military abilities having recommended them to the command of armies； they rose to the power of mayor。 By the regal dignity； our first kings presided in the courts and assemblies； and enacted laws with the national consent； by the dignity of duke or leader； they undertook expeditions and commanded the armies。
In order to be acquainted with the genius of the primitive Franks in this respect； we have only to cast an eye on the conduct of Argobastes；＇43＇ a Frank by nation； on whom Valentinian had conferred the command of the army。 He confined the emperor to his own palace； where he would suffer nobody to speak to him； concerning either civil or military affairs。 Argobastes did at that time what was afterwards practised by the Pepins。
5。 In what Manner the Mayors obtained the Command of the Armies。 So long as the kings commanded their armies in person； the nation never thought of choosing a leader。 Clovis and his four sons were at the head of the Franks； and led them on through a series of victories。 Theobald； son of Theodobert； a young； weak； and sickly prince； was the first of our kings who confined himself to his palace。＇44＇ He refused to undertake an expedition into Italy against Narses； and had the mortification of seeing the Franks choose for themselves two chiefs； who led them against the enemy。＇45＇ Of the four sons of Clotharius I； Gontram was the least fond of commanding his armies；＇46＇ the other kings followed this example； and； in order to entrust the command without danger into other hands； they conferred it upon several chiefs or dukes。＇47＇
Innumerable were the inconveniences which thence arose； all discipline was lost； no one would any longer obey。 The armies were dreadful only to their own country； they were laden with spoils before they had reached the enemy。 Of these miseries we have a very lively picture in Gregory of Tours。＇48＇ 〃How shall we be able to obtain a victory；〃 said Gontram；＇49＇ 〃we who do not so much as keep what our ancestors acquired？ Our nation is no longer the same。〃 。。。 Strange that it should be on the decline so early as the reign of Clovis' grandchildren！
It was therefore natural they should determine at last upon an only duke； a duke invested with an authority over this prodigious multitude of feudal lords and vassals who had now become strangers to their own engagements； a duke who was to establish the military discipline； and to put himself at the he