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reign of Charles the Bald； who died in 877。 But such were the changes made in this kingdom after the reign of Charles the Bald； that Charles the Simple found himself unable to dispute with a foreign house his incontestable rights to the empire； and； in fine； that in Hugh Capet's time the reigning family； stripped of all its demesnes； was no longer in a condition to maintain the crown。
The weak understanding of Charles the Bald produced an equal weakness in the French monarchy。 But as his brother； Louis； King of Germany； and some of that prince's successors were men of better parts； their government preserved its vigour much longer。
But what do I say？ Perhaps the phlegmatic constitution； and； if I dare use the expression； the immutability of spirit peculiar to the German nation made a longer stand than the volatile temper of the French against that disposition of things； which perpetuated the fiefs by a natural tendency； in families。
Besides； the kingdom of Germany was not laid waste and annihilated； as it were； like that of France； by that particular kind of war with which it had been harassed by the Normans and Saracens。 There were less riches in Germany； fewer cities to plunder； less extent of coast to scour； more marshes to get over； more forests to penetrate。 As the dominions of those princes were less in danger of being ravaged and torn to pieces； they had less need of their vassals and consequently less dependence on them。 And in all probability； if the Emperors of Germany had not been obliged to be crowned at Rome； and to make continual expeditions into Italy； the fiefs would have preserved their primitive nature much longer in that country。
31。 In what Manner the Empire was transferred from the Family of Charlemagne。 The empire； which； in prejudice to the branch of Charles the Bald had been already given to the bastard line of Louis； King of Germany；＇200＇ was transferred to a foreign house by the election of Conrad； Duke of Franconia； in 912。 The reigning branch in France； being hardly able to contest a few villages； was much less in a situation to contest the empire。 We have an agreement entered into between Charles the Simple and the Emperor Henry I； who had succeeded to Conrad； It is called the Compact of Bonn。＇201＇ These two princes met in a vessel which had been placed in the middle of the Rhine； and swore eternal friendship。 They used on this occasion an excellent middle term。 Charles took the title of King of West France； and Henry that of King of East France。 Charles contracted with the King of Germany； and not with the Emperor。
32。 In what Manner the Crown of France was transferred to the House of Hugh Capet。 The inheritance of the fiefs； and the general establishment of rear…fiefs； extinguished the political and formed a feudal government。 Instead of that prodigious multitude of vassals who were formerly under the king； there were now a few only； on whom the others depended。 The kings had scarcely any longer a direct authority； a power which was to pass through so many other and through such great powers either stopped or was lost before it reached its term。 Those great vassals would no longer obey； and they even made use of their rear…vassals to withdraw their obedience。 The kings； deprived of their demesnes and reduced to the cities of Rheims and Laon； were left exposed to their mercy； the tree stretched out its branches too far； and the head was withered。 The kingdom found itself without a demesne； as the empire is at present。 The crown was； therefore； given to one of the most potent vassals。
The Normans ravaged the kingdom； they sailed in open boats or small vessels； entered the mouths of rivers； and laid the country waste on both sides。 The cities of Orleans and Paris put a stop to those plunderers； so that they could not advance farther； either on the Seine； or on the Loire。＇202＇ Hugh Capet； who was master of those cities； held in his hands the two keys of the unhappy remains of the kingdom； the crown was conferred upon him as the only person able to defend it。 It is thus the empire was afterwards given to a family whose dominions form so strong a barrier against the Turks。
The empire went from Charlemagne's family at a time when the inheritance of fiefs was established only as a mere condescendence。 It even appears that this inheritance obtained much later among the Germans than among the French；＇203＇ which was the reason that the empire； considered as a fief； was elective。 On the contrary； when the crown of France went from the family of Charlemagne； the fiefs were really hereditary in this kingdom； and the crown； as a great fief； was also hereditary。
But it is very wrong to refer to the very moment of this revolution all the changes which happened； either before or afterwards。 The whole was reduced to two events； the reigning family changed； and the crown was united to a great fief。
33。 Some Consequences of the Perpetuity of Fiefs。 From the perpetuity of fiefs it followed that the right of seniority or primogeniture was established among the French。 This right was quite unknown under the first race；＇204＇ the crown was divided among the brothers； the allodia were shared in the same manner； and as the fiefs； whether precarious or for life； were not an object of succession； there could be no partition in regard to those tenures。
Under the second race； the title of emperor； which Louis the Debonnaire enjoyed； and with which he honoured his eldest son； Lotharius； made him think of giving this prince a kind of superiority over his younger brothers。 The two kings were obliged to wait upon the emperor every year； to carry him presents； and to receive much greater from him； they were also to consult with him upon common affairs。＇205＇ This is what inspired Lotharius with those pretences which met with such bad success。 When Agobard wrote in favour of this prince；＇206＇ he alleged the emperor's own intention； who had associated Lotharius with the empire after he had consulted the Almighty by a three days' fast； by the celebration of the holy mysteries； and by prayers and almsgiving； after the nation had sworn allegiance to him； which they could not refuse without perjuring themselves； and after he had sent
Lotharius to Rome to be confirmed by the Pope。 Upon all this he lays a stress； and not upon his right of primogeniture。 He says； indeed； that the emperor had designed a partition among the younger brothers； and that he had given the preference to the elder； but saying he had preferred the elder was saying at the saine time that he might have given the preference to his younger brothers。
But as soon as the fiefs became hereditary； the right of seniority was established in the feudal succession； and for the same reason in that of the crown； which was the great fief。 The ancient law of partitions was no longer subsisting； the fiefs being charged with a service； the possessor must have been enabled to discharge it。 The law of primogeniture was established； and the right of the feudal law was superior to that of the political or civil institution。
As the fiefs descended to the children of the possessor； the lords lost the liberty of disposing of them； and； in order to indemnify th