chief senators of the realm, and in virtue of the orders of the king, those articles of law named capitula, which the king himself had drawn up under the inspiration of God, or the necessity of which had been manifested to him in the interval between the meetings. After having received these communications, they deliberated upon them for one, two, or three days, or more, according to the importance of the matter. Messengers from the palace, going and coming, received their questions and brought back answers; and no stranger approached the place of their meeting, until the result of their deliberations was placed before the eyes of the great prince, who then, with the wisdom which he had received from God, adopted a resolution which all obeyed. This course was pursued for one, two, or more capitularies, until, by the help of God, all the necessities of the time had been duly regulated.

"Whilst these affairs were thus arranged out of the presence of the king, the prince himself, in the midst of the multitude who had come to the general assembly, was busied in receiving presents, greeting the most important individuals, conversing with those whom he saw but seldom, exhibiting an affectionate interest in the old, laughing and joking with the young, and doing these and similar things to ecclesiastics as well as laymen. However, if those who were deliberating upon the matters submitted to their judgment desired it, the king went to them, and remained with them as long as they wished; and there they reported to him, with entire familiarity, what they thought of various matters, and what were the friendly discussions which had arisen amongst them.

"I must not forget to mention that, if the weather were fine, all this went on in the open air; but if not, in several distinct buildings, by which those who had to deliberate upon the king's propositions were separated from the multitude of persons who had come to the assembly; and then the less important men could not enter. The building intended for the meeting of the nobles was divided into two parts, so that the bishops, abbots, and superior clergy could meet together without any mixture of laymen. In the same way, the counts and other distinguished personages of the State separated themselves, in the morning, from the rest of the

DUTIES OF THE KING.

169

multitude, until the time came, when, whether the king were present or absent, they all met together; and then the nobles above-mentioned, the clergy on their side, and the laymen on theirs, proceeded to the hall which was assigned to them, and where seats had been honourably prepared for them. When the lay and ecclesiastical lords were thus separated from the multitude, it was in their power to sit either together or separately, according to the nature of the affairs which they had to discuss, whether ecclesiastical, secular, or mixed. In the same way, if they wished to send for any one, either to bring them food, or to answer any question, and to dismiss him after having obtained what they desired, it was in their power to do so. Thus proceeded the examination of the affairs which the king proposed for their deliberation.

"The second occupation of the king was to demand of each what he had to report or relate to him regarding that part of the kingdom from which he had come; not only was this permitted to all, but they were specially enjoined to make inquiries, during the interval between the assemblies, about what was going on both within and without the kingdom; and they were to seek information from foreigners as well as natives, from enemies as well as friends, sometimes by employing envoys, and without being very scrupulous as to the way in which the information was obtained. The king desired to know whether in any district or corner of his kingdom the people were murmuring or disaffected, and what was the cause of their disaffection, and whether any disorder had occurred which required the attention of the general council, and other similar details. He also sought to know whether any of the conquered nations were likely to revolt, or whether any that had revolted seemed disposed to submit, or whether those that still remained independent threatened the kingdom with any attack, and so forth. Upon all these matters, wherever disorder or danger appeared, his chief care was to learn what was the motive or occasion thereof."

It is evident that these assemblies were considered by Charlemagne as an instrument of authority, order, and administration, much rather than as a national institution rendered necessary by the rights and free spirit of his people.

170

POLICY OF CHARLEMAGNE.

The employment of this means of government, however, does not do the less honour to the genius of Charlemagne. He had perceived that the principal vice of the social system of his time, and the principal cause of the weakness of his own authority, were the absence of concentration, the isolation of individuals, and the independence of his agents. Periodical convocations gave a centre to all. The efforts of a great man in a barbarous age have as their especial object the creation of a nation, for therein lies his power; Charlemagne sought to find his nation lower than among the great landowners and the great beneficiaries. He wished to rally together the entire mass of the people, in order to increase his own power, and to have at his disposal everywhere potent means of action. His was a skilful despotism. Despotism, in barbarous times, sometimes announces the presence of a man who is before his age, and who has necessities and views in relation to the future. Despotism, in the midst of an advanced state of civilization, indicates the presence of a man who may be great and even necessary to society, but who cares only for himself, and for the times in which he lives.

DECAY OF NATIONAL ASSEMBLIES.

171

LECTURE XXI.

Decay of national assemblies under Louis the Débonnair and Charles the Bald.-Definitive predominance of the feudal system at the end of the tenth century.-Cause of this predominance.-Character of feudalism. No trace of true representative government in France, from the fifth to the tenth century.

AFTER the death of Charlemagne, and under Louis the Débonnair, national assemblies were still frequently held. The movement which Charlemagne had begun, had not yet entirely ceased. Unable to, create, Louis the Débonnair sought to imitate; at the spring or autumn assemblies, he passed several useful rules, amongst others the capitulary which summoned the scabini, or royal judges, to the Champs de Mai. But the government, even with this sanction, was lifeless and inefficient. The assemblies had been nothing but an instrument of the monarch, and the monarch was now no longer able to make use of them. Their decay was complete under Charles the Bald. They began again to be nothing more than meetings of the bishops and the great lay landowners. There were forty-six assemblies held under Charles the Bald; but they were almost all confined to the negotiations of the great nobles with the king, respecting their private interests. Such was the progress made by feudalism that the central aristocracy of the great landowners, beneficiaries, and others, dissolved of itself. They isolated themselves from one another in order to exercise, each in his own domains, the almost absolute sovereignty which they had acquired. The fall of the Carlovingians was the work of Hugh Capet alone, and not of an aristocratic coalition. An assembly did not meet, as at the fall of the Merovingians, to elect a new king. Hugh Capet made himself king, and was acknowledged as such, first by the vassals whom he possessed as Duke of France, and afterwards, successively, by the great lords of the kingdom, who remained, nevertheless, almost his equals in power. Then the assemblies almost entirely disappeared, together with every national and central institution; and nearly three

172

RETROSPECT OF FIVE CENTURIES.

centuries elapsed before anything analogous to them was established.

Thus, at the end of the tenth century, of the three systems of institutions which we characterized at the outset, viz. : free institutions, monarchical institutions, and feudal institutions, the last had completely prevailed; the first had perished early, and Charlemagne had vainly attempted to establish the second. The hierarchical organization of the proprietors of estates, and the dislocation of France into as many petty sovereignties as there were proprietors sufficiently strong to be almost independent and absolute masters in their own domains, such was the natural result of the settlement of the Franks in Gaul.

During the five centuries which we have now briefly examined, institutions, customs, and powers appear to be in a constant state of disorder and conflict. The ancient liberties of the Franks, the primitive independence of the warriors, royal authority, the first rudiments of the feudal system, all these different elements present themselves to our view as obscure, incoherent, and in opposition. We pass incessantly from one system to another, from one tendency to another. At the end of the tenth century, the struggle has almost ceased; the mass of the population have fallen into a state of serfage, or become tributary colonists; the possession of fiefs confers a real sovereignty, more or less complete according to the power of the possessor; these petty sovereigns are hierarchically united and constituted by the bonds of suzerainty and vassalage. where is this bond weaker than between the king and his vassals; for there the pretensions to authority on the one hand, and to independence on the other, are most earnestly contested.

No

The fundamental characteristics of this state of things are the destruction of all centrality, both national and monarchic; the hierarchical constitution of landed property; the distribution of sovereignty according to the various degrees of this hierarchy; and the servitude or quasi-servitude of the mass of the inhabitants of the country.

I have said that this system was the natural result of the condition of the Franks in Gaul after the conquest; its definitive success is proof of this. Another circumstance,