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the spirit of laws-第160章

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 stripped of their dignity likewise。

I know; likewise; that Charlemagne laments in a certain capitulary; that in some places there were people who gave away their fiefs in property; and redeemed them afterwards in the same manner。'78' But I do not say that they were not fonder of the property than of the usufruct; I mean only; that when they could convert an allodium into a fief; which was to descend to their heirs; as is the case of the formulary above…mentioned; they had very great advantages in doing it。

9。 How the Church Lands were converted into Fiefs。 The use of the fiscal lands should have been only to serve as a donation by which the kings were to encourage the Franks to undertake new expeditions; and by which; on the other hand; these fiscal lands were increased。 This; as I have already observed; was the spirit of the nation; but these donations took another turn。 There is still extant a speech of Chilperic;'79' grandson of Clovis; in which he complains that almost all these lands had been already given away to the church。 〃Our exchequer;〃 says he; 〃is impoverished; and our riches are transferred to the clergy;'80' none reign now but the bishops; who live in grandeur while we are quite eclipsed。〃

This was the reason that the mayors; who durst not attack the lords; stripped the churches; and one of the motives alleged by Pepin for entering Neustria'81' was his having been invited thither by the clergy to put a stop to the encroachments of the kings; that is; of the mayors; who deprived the church of all her possessions。

The Mayors of Austrasia; that is the family of the Pepins; had behaved towards the clergy with more moderation than those of Neustria and Burgundy。 This is evident from our chronicles;'82' in which we see the monks perpetually extolling the devotion and liberality of the Pepins。 They themselves had been possessed of the first places in the church。 〃One crow does not pull out the eyes of another〃; as Chilperic said to the bishops。'83'

Pepin subdued Neustria and Burgundy; but as his pretence for destroying the mayors and kings was the grievances of the clergy; he could not strip the latter without acting inconsistently with his cause; and showing that he made a jest of the nation。 However; the conquest of two great kingdoms and the destruction of the opposite party afforded him sufficient means of satisfying his generals。

Pepin made himself master of the monarchy by protecting the clergy; his son; Charles Martel; could not maintain his power but by oppressing them。 This prince; finding that part of the regal and fiscal lands had been given either for life; or in perpetuity; to the nobility; and that the church by receiving both from rich and poor had acquired a great part even of the allodial estates; he resolved to strip the clergy; and as the fiefs of the first division were no longer in being; he formed a second。'84' He took for himself and for his officers the church…lands and the churches themselves; thus he remedied an evil which differed from ordinary diseases; as its extremity rendered it the more easy to cure。

10。 Riches of the Clergy。 So great were the donations made to the clergy that under the three races of our princes they must have several times received the full property of all the lands of the kingdom。 But if our kings; the nobility; and the people found the way of giving them all their estates; they found also the method of getting them back again。 The spirit of devotion established a great number of churches under the first race; but the military spirit was the cause of their being given away afterwards to the soldiery; who divided them among their children。 What a number of lands must have then been taken from the clergy's mensalia/ The kings of the second race opened their hands; and made new donations to them; but the Normans; who came afterwards; plundered and ravaged all before them; wreaking their vengeance chiefly on the priests and monks; and devoting every religious house to destruction。 For they charged those ecclesiastics with the destruction of their idols; and with all the oppressive measures of Charlemagne by which they had been successively obliged to take shelter in the north。 These were animosities which the space of forty or fifty years had not been able to obliterate。 In this situation; what losses must the clergy have sustained! There were hardly ecclesiastics left to demand the estates of which they had been deprived。 There remained; therefore; for the religious piety of the third race; foundations enough to make; and lands to bestow。 The opinions which were spread abroad and believed in those days would have deprived the laity of all their estates; if they had been but virtuous enough。 But if the clergy were actuated by ambition; the laity were not without theirs; if dying persons gave their estates to the church; their heirs would fain resume them。 We meet with continual quarrels between the lords and the bishops; the gentlemen and the abbots; and the clergy must have been very hard pressed; since they were obliged to put themselves under the protection of certain lords; who granted them a momentary defence; and afterwards joined their oppressors。

But a better administration having been established under the third race gave the clergy leave to augment their possessions; when the Calvinists started up; and having plundered the churches; they turned all the sacred plate into specie。 How could the clergy be sure of their estates; when they were not even safe in their persons? They were debating on controversial subjects while their archives were in flames。 What did it avail them to demand back of an impoverished nobility those estates which were no longer in possession of the latter; but had been conveyed into other hands by different mortgages? The clergy have been long acquiring; and have often refunded; and still there is no end of their acquisitions。

11。 State of Europe at the Time of Charles Martel。 Charles Martel; who undertook to strip the clergy; found himself in a most happy situation。 He was both feared and beloved by the soldiery; he worked for them; having the pretext of his wars against the Saracens。 He was hated; indeed; by the clergy; but he had no need of their assistance。'85' The Pope; to whom he was necessary; stretched out his arms to him。 Every one knows the famous embassy he received from Gregory III。'86' These two powers were strictly united; because they could not do without each other: the Pope stood in need of the Franks to assist him against the Lombards and the Greeks; Charles Martel had occasion for the Pope; to humble the Greeks; to embarrass the Lombards; to make himself more respectable at home; and to guarantee the titles which he had; and those which he or his children might take。 It was impossible; therefore; for his enterprise to miscarry。

St。 Eucherius; Bishop of Orleans; had a vision which frightened all the princes of that time。 I shall produce on this occasion the letter written by the bishops assembled at Rheims to Louis; King of Germany; who had invaded the territories of Charles the Bald;'87' because it will give us an insight into the situation of things in those times; and the temper of the people。 They say'88' that 〃St。 Eucherius; having been snatched up into heaven; saw Charles Martel tormented in the bottom of hell by order of the saints; who are to sit with Christ at the last judgment; that he had been condemned to this punishment before his time; for having stripped the church of her possessions and thereby charged himself with the sins of all those who founded these livings; that King Pepin held a council upon this occasion; and had ordered all the church…lands he could recover to be restored; that as he could get back only a part of them; because of his disputes with Vaifre; Duke of Acquitaine; he issued letters called precaria'89' for the remainder; and made a law that the laity should pay a tenth part of the church…lands they possessed; and twelve deniers for each house; that Charlemagne did not give the church…lands away; on the contrary; that he published a capitulary; by which he engaged both for himself and for his successors never to make any such grant; that all they say is committed to writing; and that a great many of them heard the whole related by Louis the Debonnaire; the father of those two kings。〃

King Pepin's regulation; mentioned by the bishops; was made in the council held at Leptines。'90' The church found this advantage in it; that such as had received those lands held them no longer but in a precarious manner; and moreover that she received the tithe or tenth part; and twelve deniers for every house that had belonged to her。 But this was only a palliative; and did not remove the disorder。

Nay; it met with opposition; and Pepin was obliged to make another capitulary;'91' in which he enjoins those who held any of those benefices to pay this tithe and duty; and even to keep up the houses belonging to the bishopric or monastery; under the penalty of forfeiting those possessions。 Charlemagne renewed the regulations of Pepin。'92'

That part of the same letter which says that Charlemagne promised both for himself and for his successors never to divide again the church…lands amon
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