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the spirit of laws-第206章

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ir 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 among the soldiery is agreeable to the capitulary of this prince; given at Aix…la…Chapelle in the year 803; with a view of removing the apprehensions of the clergy upon this subject。 But the donations already made were still in force。'93' The bishops very justly add that Louis the Debonnaire followed the example of Charlemagne; and did not give away the church…lands to the soldiery。

And yet the old abuses were carried to such a pitch; that the laity under the children of Louis the Debonnaire preferred ecclesiastics to benefices; or turned them out of their livings'94' without the consent of the bishops。 The benefices were divided among the next heirs;'95' and when they were held in an indecent manner the bishops had no other remedy left than to remove the relics。'96'

By the Capitulary of Compiègne'97' it is enacted that the king's commissary shall have a right to visit every monastery; together with the bishop; by the consent and in presence of the person who holds it; and this shows that the abuse was general。

Not that there were laws wanting for the restitution of the church…lands。 The Pope having reprimanded the bishops for their neglect in regard to the re…establishment of the monasteries; they wrote to Charles the Bald that they were not affected by this reproach; because they were not culpable;'98' and they reminded him of what had been promised; resolved and decreed in so many national assemblies。 In point of fact; they quoted nine。

Still they went on disputing; till the Normans came and made them all agree。

12。 Establishment of the Tithes。 The regulations made under King Pepin had given the church rather hopes of relief than effectually relieved her; and as Charles Martel found all the landed estates of the kingdom in the hands of the clergy; Charlemagne found all the church…lands in the hands of the soldiery。 The latter could not be compelled to restore a voluntary donation; and the circumstances of that time rendered the thing still more impracticable than it seemed to be of its own nature。 
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