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！
iddling condition； and the third for those of a lower rank in both nations。＇203＇ He has not quoted this law。
It is very extraordinary to see in what manner he evades those passages which press him hard on all sides。＇204＇ If you speak to him of the grandees； lords； and the nobility； these； he says； are mere distinctions of respect； and not of order； they are things of courtesy； and not legal privileges； or else； he says； those people belonged to the king's council； nay； they possibly might be Romans： but still there was only one order of citizens among the Franks。 On the other hand； if you speak to him of some Franks of an inferior rank；＇205＇ he says they are bondmen； and thus he interprets the decree of Childebert。 But I must stop here a little； to inquire farther into this decree。 Our author has rendered it famous by availing himself of it in order to prove two things： the one that all the compositions we meet with in the laws of the Barbarians were only civil fines added to corporal punishments； which entirely subverts all the ancient records；＇206＇ the other； that all freemen were judged directly and immediately by the king。＇207＇ which is contradicted by an infinite number of passages and authorities informing us of the judiciary order of those times。＇208＇
This decree； which was made in an assembly of the nation；＇209＇ says that； if the judge finds a notorious robber； he must command him to be tied； in order to be carried before the king； si Francus fuerit； but if he is a weaker person （debilior persona）； he shall be hanged on the spot。 According to the Abbé du Bos； Francus is a freeman； debilior persona is a bondman。 I shall defer entering for a moment into the signification of the word Francus； and begin with examining what can be understood by these words； a weaker person； In all languages whatsoever； every comparison necessarily supposes three terms； the greatest； the less degree； and the least。 If none were here meant but freemen and bondmen； they would have said a bondman； and not a man of less power。 Therefore debilior persona does not signify a bondman； but a person of a superior condition to a bondman。 Upon this supposition； Francus cannot mean a freeman； but a powerful man； and this word is taken here in that acceptation； because among the Franks there were always men who had greater power than others in the state； and it was more difficult for the judge or count to chastise them。 This construction agrees very well with many capitularies＇210＇ where we find the cases in which the criminals were to be carried before the king； and those in which it was otherwise。
It is mentioned in the Life of Louis the Debonnaire；＇211＇ written by Tegan； that the bishops were the principal cause of the humiliation of that emperor； especially those who had been bondmen and such as were born among the Barbarians。 Tegan thus addresses Hebo； whom this prince had drawn from the state of servitude； and made Archbishop of Rheims： 〃What recompense did the Emperor receive from you for so many benefits？ He made you a freeman； but did not ennoble you； because he could not give you nobility after having given you your liberty。〃＇212＇
This passage； which proves so strongly the two orders of citizens； does not at all confound the Abbé du Bos。 He answers thus：＇213＇ 〃The meaning of this passage is not that Louis the Debonnaire was incapable of introducing Hebo into the order of the nobility。 Hebo； as Archbishop of Rheims； must have been of the first order； superior to that of the nobility。〃 I leave the reader to judge whether this be not the meaning of that passage； I leave him to judge whether there be any question here concerning a precedence of the clergy over the nobility。 〃This passage proves only；〃 continues the same writer；＇214＇ 〃that the free…born subjects were qualified as noblemen； in the common acceptation； noblemen and men who are free…born have for this long time signified the same thing。〃 What！ because some of our burghers have lately assumed the quality of noblemen； shall a passage of the Life of Louis the Debonnaire be applied to this sort of people？ 〃And perhaps；〃 continues he still；＇215＇ 〃Hebo had not been a bondman among the Franks； but among the Saxons； or some other German nation； where the people were divided into several orders。〃 Then； because of the Abbé du Bos' 〃perhaps；〃 there must have been no nobility among the nation of the Franks。 But he never applied a 〃perhaps〃 so badly。 We have seen that Tegan distinguishes the bishops；＇216＇ who had opposed Louis the Debonnaire； some of whom had been bondmen； and others of a barbarous nation。 Hebo belonged to the former and not to the latter。 Besides； I do not see how a bondman； such as Hebo； can be said to have been a Saxon or a German； a bondman has no family； and consequently no nation。 Louis the Debonnaire manumitted Hebo； and as bondmen after their manumission embraced the law of their master； Hebo had become a Frank； and not a Saxon or German。
I have been hitherto acting offensively； it is now time to defend myself。 It will be objected to me that indeed the body of the Antrustios formed a distinct order in the state from that of the freemen； but as the fiefs were at first precarious； and afterwards for life； this could not form a nobleness of descent； since the privileges were not annexed to an hereditary fief。 This is the objection which induced M。 de Valois to think that there was only one order of citizens among the Franks； an opinion which the Abbé du Bos has borrowed of him； and which he has absolutely spoiled with so many bad arguments。 Be that as it may； it is not the Abbé du Bos that could make this objection。 For after having given three orders of Roman nobility； and the quality of the king's guest for the first； he could not pretend to say that this title was a greater mark of a noble descent than that of Antrustio。 But I must give a direct answer。 The Antrustios or trusty men were not such because they were possessed of a fief； but that they had a fief given them because they were Antrustios or trusty men。 The reader may please to recollect what has been said in the beginning of this book。 They had not at that time； as they had afterwards； the same fief： but if they had not that； they had another； because the fiefs were given at their birth； and because they were often granted in the assemblies of the nation； and； in fine； because as it was the interest of the nobility to receive them it was likewise the king's interest to grant them。 These families were distinguished by their dignity of trusty men； and by the privilege of being qualified to swear allegiance for a fief。 In the following book＇217＇ I shall demonstrate how； from the circumstances of the time； there were freemen who were permitted to enjoy this great privilege； and consequently to enter into the order of nobility。 This was not the case at the time of Gontram； and his nephew Childebert； but so it was at the time of Charlemagne。 But though in that prince's reign the freemen were not incapable of possessing fiefs； yet it appears； by the above…cited passage of Tegan； that the emancipated serfs were absolutely excluded。 Will the Abbé du Bos； who carries us to Turkey to give us an idea of the anc