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the spirit of laws-第202章

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made Clotharius consent that he should not be displaced while he lived。'10' By this step the mayor could no longer be in the same case as the French lords before that period; and this authority began to render itself independent of the regal dignity。

It was Brunehault's unhappy regency which had exasperated the nation。 So long as the laws subsisted in their full force; no one could grumble at having been deprived of a fief; since the law did not bestow it upon him in perpetuity。 But when fiefs came to be acquired by avarice; by bad practices and corruption; they complained of being divested; by irregular means; of things that had been irregularly acquired。 Perhaps if the public good had been the motive of the revocation of those grants; nothing would have been said; but they pretended a regard for order while they were openly abetting the principles of corruption; the fiscal rights were claimed in order to lavish the public treasure; and grants were no longer the reward or the encouragement of services。 Brunehault; from a corrupt spirit; wanted to reform the abuses of the ancient corruption。 Her caprices were not owing to weakness; the vassals and the great officers; thinking themselves in danger; prevented their own by her ruin。

We are far from having all the records of the transactions of those days; and the writers of chronicles; who understood very nearly as much of the history of their time as our peasants know of ours; are extremely barren。 Yet we have a constitution of Clotharius; given in the council of Paris;'11' for the reformation of abuses;'12' which shows that this prince put a stop to the complaints that had occasioned the revolution。 On the one hand; he confirms all the grants that had been made or confirmed by the kings his predecessors;'13' and on the other; he ordains that whatever had been taken from his vassals should be restored to them。'14'

This was not the only concession the king made in that council; he enjoined that whatever had been innovated; in opposition to the privileges of the clergy; should be redressed; and he moderated the influence of the court in the election of bishops。'15' He even reformed the fiscal affairs; ordaining that all the new censuses should be abolished;'16' and that they should not levy any toll established since the deaths of Gontram; Sigebert; and Chilperic;'17' that is; he abolished whatever had been done during the regencies of Fredegunda and Brunehault。 He forbad the driving of his cattle to graze in private people's grounds;'18' and we shall presently see that the reformation was still more general; so as to extend even to civil affairs。

2。 How the Civil Government was reformed。 Hitherto the nation had given marks of impatience and levity with regard to the choice or conduct of her masters; she had regulated their differences and obliged them to come to an agreement among themselves。 But now she did what before was quite unexampled; she cast her eyes on her actual situation; examined the laws coolly; provided against their insufficiency; repressed violence; and moderated the regal power。

The bold and insolent regencies of Fredegunda and Brunehault had less surprised than roused the nation。 Fredegunda had defended her horried cruelties; her poisonings and assassinations; by a repetition of the same crimes; and had behaved in such a manner that her outrages were rather of a private than public nature。 Fredegunda did more mischief: Brunehault threatened more。 In this crisis the nation was not satisfied with rectifying the feudal system; she was also determined to secure her civil government。 For the latter was rather more corrupt than the former; a corruption the more dangerous as it was more inveterate; and connected rather with the abuse of manners than with that of laws。

The history of Gregory of Tours exhibits; on the one hand; a fierce and barbarous nation; and on the other; kings remarkable for the same ferocity of temper。 Those princes were bloody; iniquitous and cruel; because such was the character of the whole nation。 If Christianity appeared sometimes to soften their manners; it was only by the circumstances of terror with which this religion alarms the sinner; the church supported herself against them by the miraculous operations of her saints。 The kings would not commit sacrilege; because they dreaded the punishments inflicted on that species of guilt: but this excepted; either in the riot of passion or in the coolness of deliberation; they perpetrated the most horrid crimes and barbarities where divine vengeance did not appear so immediately to overtake the criminal。 The Franks; as I have already observed; bore with cruel kings; because they were of the same disposition themselves; they were not shocked at the iniquity and extortions of their princes; because this was the national characteristic。 There had been many laws established; but it was usual for the king to defeat them all; by a kind of letter called precepts;'19' which rendered them of no effect; they were somewhat similar to the rescripts of the Roman Emperors; whether it be that our kings borrowed this usage from those princes; or whether it was owing to their own natural temper。 We see in Gregory of Tours; that they perpetrated murder in cool blood; and put the accused to death unheard; how they gave precepts for illicit marriages;'20' for transferring successions; for depriving relatives of their right; and; in fine; marrying consecrated virgins。 They did not; indeed; assume the whole legislative power; but they dispensed with the execution of the laws。

Clotharius' constitution redressed all these grievances: no one could any longer be condemned without being heard:'21' relatives were made to succeed; according to the order established by law;'22' all precepts for marrying religious women were declared null;'23' and those who had obtained and made use of them were severely punished。 We might know perhaps more exactly his determinations with regard to these precepts; if the thirteenth and the next two articles of this decree had not been lost through the injury of time。 We have 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。 Th
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