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the spirit of laws-第210章

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ttle of the spirit of religion。'142' On the other hand; as he had no longer any confidence in the nobility; he promoted mean people;'143' turning the nobles out of their employments at court to make room for strangers and upstarts。'144' By this means the affections of the two great bodies of the nobility and clergy were alienated from their prince; the consequence of which was a total desertion。

22。 The same Subject continued。 But what chiefly contributed to weaken the monarchy was the extravagance of this prince in alienating the crown demesnes。'145' And here it is that we ought to listen to the account of Nitard; one of our most judicious historians; a grandson of Charlemagne; strongly attached to Louis the Debonnaire and who wrote his history by order of Charles the Bald。

He says; 〃that one Adelhard for some time gained such an ascendant over the Emperor; that this prince conformed to his will in everything; that at the instigation of this favourite; he had granted the crown lands to everybody that asked them;'146' by which means the state was ruined。〃'147' Thus he did the same mischief throughout the empire as I observed he had done in Aquitaine;'148' the former Charlemagne redressed; but the latter was past all remedy。

The state was reduced to the same debility in which Charles Martel found it。 upon his accession to the mayoralty; and so desperate were its circumstances that no exertion of authority was any longer capable of saving it。

The treasury was so exhausted that in the reign of Charles the Bald; no one could continue in his employments; nor be safe in his person without paying for it。'149' When they had it in their power to destroy the Normans; they took money to let them escape:'150' and the first advice which Hincmar gives to Louis the Stammerer is to ask of the assembly of the nation a sufficient allowance to defray the expenses of his household。

23。 The same Subject continued。 The clergy had reason to repent the protection they had granted to the children of Louis the Debonnaire。 This prince; as I have already observed; had never given any of the church…lands by precepts to the laity;'151' but it was not long before Lotharius in Italy; and Pepin in Aquitaine; quitted Charlemagne's plan; and resumed that of Charles Martel。 The clergy had recourse to the Emperor against his children; but they themselves had weakened the authority to which they appealed。 In Aquitaine some condescension was shown; but none in Italy。

The civil wars with which the life of Louis the Debonnaire had been embroiled were the seed of those which followed his death。 The three brothers; Lotharius; Louis; and Charles; endeavoured each to bring over the nobility to their party and to make them their tools。 To such as were willing therefore to follow them they granted church…lands by precepts; so that to gain the nobility; they sacrificed the clergy。

We find in the Capitularies'152' that those princes were obliged to yield to the importunity of demands; and that what they would not often have freely granted was extorted from them: we find that the clergy thought themselves more oppressed by the nobility than by the kings; It appears that Charles the Bald'153' became the greatest enemy of the patrimony of the clergy; whether he was most incensed against them for having degraded his father on their account; or whether he was the most timorous。 Be that as it may; we meet with continual quarrels in the Capitularies;'154' between the clergy who demanded their estates; and the nobility who refused or deferred to restore them; and the kings acting as mediators。

The situation of affairs at that time is a spectacle really deserving of pity。 While Louis the Debonnaire made immense donations out of his demesnes to the clergy; his children distributed the church…lands among the laity。 The same prince with one hand founded new abbeys and despoiled old ones。 The clergy had no fixed state; one moment they were plundered; another they received satisfaction; but the crown was continually losing。

Toward the close of the reign of Charles the Bald; and from that time forward; there was an end of the disputes of the clergy and laity concerning the restitution of church…lands。 The bishops indeed breathed out still a few sighs in their remonstrances to Charles the Bald; which we find in the Capitulary of the year 856; and in the letter they wrote to Louis; King of Germany; in the year 858;'155' but they proposed things; and challenged promises; so often eluded; that we plainly see they had no longer any hopes of obtaining their desire。

All that could be expected then was to repair in general the injuries done both to church and state。'156' The kings engaged not to deprive the nobility of their freemen; and not to give away any more church…lands by precepts;'157' so that the interests of the clergy and nobility seemed then to be united。

The dreadful depredations of the Normans; as I have already observed; contributed greatly to put an end to those quarrels。

The authority of our kings diminishing every day; both for the reasons already given and those which I shall mention hereafter; they imagined they had no better resource left; than to resign themselves into the hands of the clergy。 But the ecclesiastics had weakened the power of the kings; and these had diminished the influence of the ecclesiastics。 In vain did Charles the Bald and his successors call in the church to support the state; and to prevent its ruin; in vain did they make use of the。 respect which the commonalty had for that body;'158' to maintain that which they should also have for their prince;'159' in vain did they endeavour to give an authority to their laws by that of the canons; in vain did they join the ecclesiastic with the civil punishments;'160' in vain to counterbalance the authority of the count did they give to each bishop the title of their commissary in the several provinces;'161' it was impossible to repair the mischief they had done; and a terrible misfortune; which I shall presently mention; proved the ruin of the monarchy。

24。 That the Freemen were rendered capable of holding Fiefs。 I said that the freemen were led against the enemy by their count; and the vassals by their lord。 This was the reason that the several orders of the state balanced each other; and though the king's vassals had other vassals under them; yet they might be overawed by the count; who was at the head of all the freemen of the monarchy。

The freemen were not allowed at first to do homage for a fief; but in process of time this was permitted:'162' and I find that this change was made during the period that elapsed from the reign of Gontram to that of Charlemagne。 This I prove by the comparison which may be made between the treaty of Andelot;'163' by Gontram; Childebert; and Queen Brunehault; and the partition made by Charlemagne among his children; as well as a like partition by Louis the Debonnaire。'164' These three acts contain nearly the same regulations with regard to the vassals; and as they determine the very same points; under almost the same circumstances; the spirit as well as the letter of those three treaties in this respect are very much alike。

But as to what c
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