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be proper to confound those two titles； a confusion which would leave it a moot point whether the new royalty was hereditary or not； and this was sufficient for him who to the regal dignity had joined a great power。 The mayor's authority was then blended with that of the king。 In the mixture of these two authorities a kind of reconciliation was made； the mayor had been elective； and the king hereditary； the crown at the beginning of the second race was elective； because the people chose； it was hereditary； because they always chose in the same family。＇118＇
Father le Cointe； in spite of the authority of all ancient records＇119＇ denies that the Pope authorised this great change； and one of his reasons is that he would have committed an injustice。＇120＇ A fine thing to see a historian judge of that which men have done by that which they ought to have done； by this mode of reasoning we should have no more history。
Be that as it may； it is very certain that immediately after Duke Pepin's victory； the Merovingians ceased to be the reigning family。 When his grandson； Pepin； was crowned king； it was only one ceremony more； and one phantom less； he acquired nothing thereby but the royal ornaments； there was no change made in the nation。
This I have said in order to fix the moment of the revolution； that we may not be mistaken in looking upon that as a revolution which was only a consequence of it。
When Hugh Capet was crowned king at the beginning of the third race； there was a much greater change； because the kingdom passed from a state of anarchy to some kind of government； but when Pepin took the crown； there was only a transition from one government to another； which was identical。
When Pepin was crowned king there was only a change of name； but when Hugh Capet was crowned there was a change in the nature of the thing； because by uniting a great fief to the crown the anarchy ceased。
When Pepin was crowned the title of king was united to the highest office； when Hugh Capet was crowned it was annexed to the greatest fief。
17。 A particular Circumstance in the Election of the Kings of the Second Race。 We find by the formulary of Pepin's coronation that Charles and Carloman were also anointed；＇121＇ and blessed； and that the French nobility bound themselves； on pain of interdiction and excommunication； never to choose a prince of another family。＇122＇
It appears by the wills of Charlemagne and Louis the Debonnaire； that the Franks made a choice among the king's children； which agrees with the above…mentioned clause。 And when the empire was transferred from Charlemagne's family； the election； which before had been restricted and conditional； became pure and simple； so that the ancient constitution was departed from。
Pepin； perceiving himself near his end； assembled the lords； both temporal and spiritual； at St。 Denis； and divided his kingdom between his two sons； Charles and Carloman。＇123＇ We have not the acts of this assembly； but we find what was there transacted in the author of the ancient historical collection； published by Canisius； and in the writer of the annals of Metz；＇124＇ according to the observation of Baluzius。＇125＇ Here I meet with two things in some measure contradictory； that he made this division with the consent of the nobility； and afterwards that he made it by his paternal authority。 This proves what I said； that the people's right in the second race was to choose in the same family； it was； properly speaking； rather a right of exclusion than that of election。
This kind of elective right is confirmed by the records of the second race。 Such is this capitulary of the division of the empire made by Charlemagne among his three children； in which； after settling their shares； he says；＇126＇ 〃That if one of the three brothers happens to have a son； such as the people shall be willing to choose as a fit person to succeed to his father's kingdom； his uncles shall consent to it。〃
This same regulation is to be met with in the partition which Louis the Debonnaire made among his three children； Pepin； Louis； and Charles； in the year 837； at the assembly of Aix…la…Chapelle；＇127＇ and likewise in another partition； made twenty years before； by the same emperor； in favour of Lotharius； Pepin； and Louis。＇128＇ We may likewise see the oath which Louis the Stammerer took at Compiègne at his coronation。 〃I； Louis； by the divine mercy； and the people's election； appointed king； do promise〃＇129＇ 。。。 What I say is confirmed by the acts of the Council of Valence； held in the year 890； for the election of Louis； son of Bo…on； to the kingdom of Arles。＇130＇ Louis was there elected； and the principal reason they gave for choosing him is that he was of the imperial family；＇131＇ that Charles the Fat had conferred upon him the dignity of king； and that the Emperor Arnold had invested him by the sceptre； and by the ministry of his ambassadors。 The kingdom of Arles； like the other dismembered or dependent kingdoms of Charlemagne； was elective and hereditary。
18。 Charlemagne。 Charlemagne's intention was to restrain the power of the nobility within proper bounds； and to hinder them from oppressing the freemen and the clergy。 He balanced the several orders of the state； and remained perfect master of them all。 The whole was united by the strength of his genius。 He led the nobility continually from one expedition to another； giving them no time to form conspiracies； but employing them entirely in the execution of his designs。 The empire was supported by the greatness of its chief； the prince was great； but the man was greater。 The kings； his children； were his first subjects； the instruments of his power and patterns of obedience。 He made admirable laws； and； what is more； he took care to see them executed。 His genius diffused itself through every part of the empire。 We find in this prince's laws a comprehensive spirit of foresight； and a certain force which carries all before it。 All pretexts for evading the duties are removed； neglects are corrected； abuses reformed or prevented。＇132＇ He knew how to punish； but he understood much better how to pardon。 He was great in his designs； and simple in the execution of them。 No prince ever possessed in a higher degree the art of performing the greatest things with ease； and the most difficult with expedition。 He was continually visiting the several parts of his vast empire； and made them feel the weight of his hand wherever it fell。 New difficulties sprang up on every side； and on every side he removed them。 Never prince had more resolution in facing dangers； never prince knew better how to avoid them。 He mocked all manner of perils； and particularly those to which great conquerors are generally subject； namely； conspiracies。 This wonderful prince was extremely moderate； of a very mild character； plain and simple in his behaviour。 He loved to converse freely with the lords of his court。 He indulged； perhaps； too much his passion for the fair sex； a failing； however； which in a prince who always governed by himself； and who spent his life in a continual series of toils； may merit some allowance。 He was wonderfully exact in his expenses； administering his demesnes with prudence； attent