496—752.
With Germany prior to the dissolution of the Roman power, the present compendium has no concern: the history of that period is, or ought to be, familiar to every reader. Our object is to contemplate that celebrated country as an Empire; but as its establishment must be traced to an era considerably anterior, a few pages by way of introduction may properly open the main subject.
Germany, prior to the French monarchy, exhibits a perpetual succession of vicissitudes. As we descend the stream of time, from the invasion by Caesar to the reign of Honorius, we find new nations, or at least new denominations of such as previously existed; and that the boundaries or the location of each is ever changing. At one time we read of a number of tribes located on the banks of the Elbe, or of the Rhine, or of the Danube; in the revolution of two or three centuries, we perceive names totally different occupying the same regions. The causes of these changes are twofold,—the peculiarly military character of the old Germans, and the frequent arrival of barbaric torrents from the eastern confines of Europe. Of these causes, the latter was the more efficacious; for though the Germanic tribes were always ready to encroach on the boundaries of each other, they were more generally moved from their seats by the resistless torrent of invasion, the course of which was nearly always from east to west. Nor must we overlook the probability—we should be justified in assuming it as a fact—that new combinations of tribes, for the purpose whether of defence or aggression, often changed their distinctive appellation. It has, indeed, been contended, that the various denominations of Alamanni, Suevi, Goths, Franks, Saxons, &c. implied, not associations, whether voluntary or compulsory, of different, however kindred, tribes,—kindred in descent, manners, and language,—but that each was a generic term strictly applicable to one great nation. But for such an assertion there is no foundation. That these associations were frequent, may easily be collected from the incidental notices of the Roman historians; and reason tells us that it must have been so. All the great tribes were, in fact, eager to increase their armed defenders, by incorporating with themselves their allies or those whom they subdued. On some occasions, we distinctly read that the option proposed by one tribe to another, was alliance or war. Yet where success must, in the nature of things, have been so variable, these alliances must have been extremely precarious. In most cases, the victor would dictate, and the conquered would receive the terms of a new confederation. In a country covered, not with fortresses, but with forests; which contained no strong positions where aggression might be successfully resisted; such mutations, alike of place and of denomination, were incessant. In general, the struggle on the eastern frontier, between the nations of Teutonic and of Sclavonic stock, were felt, by an immediate vibration, in the forests and marshes of the west. If one nation, or confederation of tribes, was impelled in the western direction, its first object was in like manner to dispossess some feebler people; and the impulse was soon communicated throughout the social chain. The location of these confederations at the opening of the fifth century must be understood, or little idea can be formed of the establishment of the French monarchy.—1. Between the mouths of the Elbe and the Meuse, along the sea-coast, yet extending inwards towards the Rhine, were the Franks; not perhaps the most numerous, or the most formidable, but, beyond doubt, the most remarkable of the Germanic associations. Sometimes the enemies, more recently the allies of the empire, they were always treated with consideration.—2. The Alamanni, a similar confederation of tribes, occupied the eastern bank of the Rhine, from its junction with the Mein to the Lake of Constance, and as far inward as the frontiers, perhaps, of Bohemia.—3. In an obscure angle north of the Elbe, comprising chiefly the duchy of Bremen, and part of Holstein, the Saxons, in the fourth century, appeared little formidable to their neighbours: yet in another we find them stretched considerably into the present kingdoms of Saxony and Hanover. They could not, however, be of that nation alone, who, in the fifth century, sufficed to conquer England: associated, or at least acting simultaneously with them, were the Jutes, the Frisians, and other tribes. This expatriation of so many thousand adventurers did not much affect the amount of population left behind; for the extension of the Saxon frontier continued to be progressive, until they bordered on the Franks and the Swabians.—4. Along the southern coasts of the Baltic, comprehending the maritime tracts of Mecklenburg and Pomerania as far as the Oder, lay the Vandals.—5. Eastward still, to the banks of the Vistula, were the Goths, generally in alliance with the Vandals. Of this great stock were the Burgundians, who, as their name implies, dwelt in cities situated on the confines of Germany and Poland; the Heruli, who lay towards the Palus Maeotis; the Lombards, who occupied the region between the two, comprising the northern parts of Pannonia; and the Gepidoe, who extended farther into that province. Such were the Teutonic tribes, who, at the period in question, hovered on the Roman frontiers. Southern Germany, or Rhaetia and Noricum, which nearly correspond to Bavaria and Austria, was inhabited by tribes whom we need not condescend to notice, as they had long been subject to Rome.—6. But in the central parts of Germany, extending from the Mein to the Hartz forest, we perceive the Thuringians, evidently composed like the rest of several tribes belonging to the great Teutonic family. —7. Besides these nations, were some tribes of Sclavonic descent, inhabiting Monnia, Misnia, Bohemia, Lusatia, and part of Mecklenburg. Were these tribes the tributaries or the allies of the Teutones? Were they now located in these regions for the first time, or had they long been here? These questions cannot be answered. One thing is certain, that, when in danger of being expelled by their neighbours, they invoked with success the succour of their Polish or Pannonian kindred.
The changes effected in the location of these tribes by the invasion of the Roman empire, were in some respects greater, in others less, than we might have expected. On the one side, the Heruli and the Lombards penetrated into Italy; the Suevi, the Alans, and the Vandals traversed Gaul and passed into Spain; the Burgundians settled in the eastern province of Gaul; the Franks extended themselves from the Rhine, throughout the Netherlands, to the frontiers of that monarchy. These changes enabled the Saxons, as we have before intimated, to extend themselves farther into the interior; and the Alamanni, who were joined by a considerable body of the Suevi, to spread themselves partially into Helvetia, Rhaetia, and Vindelicia. From this period the united people are distinguished as Swabians; and the country now seized by the Boii became known as Bavaria. The Thuringians, by the movement of the Franks, extended their frontier to the east bank of the Rhine; but north of Cologne, that noble river was still possessed by the Franks. The subsequent departure of the Goths into Italy and Spain enabled the nations of Sclavonic descent to spread themselves farther into Brandenburg, Bohemia, and towards the Italian frontiers.—Of all these people, the Franks must occupy our chief attention. Subject to many independent reguli, no doubt, all elective, though all professedly descended from a common illustrious ancestor,—they were at peace with one another whenever any common object was to be gained; but when no foreign enemy was to be resisted or conquered, their intestine quarrels seem to have been frequent. They were arranged under two great confederations, the Salian and the Ripuarian Franks. In 481, we first hear of Clovis, prince of the Salian Franks at Tournay. This man was born to be a hero: with all the vices of the barbarians, he had also the elevated qualities which are necessary in the founder of a kingdom. The steps by which he attained that object are so well known, that we shall relate only the results. From Syagrius, the Roman governor of Gaul, he wrested first the southern provinces, and established his seat at Soissons; next the central, and even western provinces, and transferring his court to Paris: consequently his dominions to the east, bordered on the state of Burgundy, to the south on the kingdom of the Wisigoths. For much of this success he was, doubtless, indebted to his conversion to the catholic faith. As orthodox Christians, the inhabitants of all Gaul, who detested the Arian sway of the Burgundians and the Wisigoths, prayed for his success. Besides, his queen, Clotilda, who had been the chief instrument of his conversion, was a princess of the Burgundian house; do that he had other claims than those of religion on that kingdom. In a single campaign, he rendered the princes of Burgundy tributary to him. In another he broke, on the plains of Vouglé, the force of the Wisigoths; wrested from them several important places in the south of France; and would probably have driven them across the Pyrenees, had not Theodoric the Ostrogoth hastened to their assistance. For the extension of his dignity no less than of his power, he received from the Greek emperor the consular and patrician honours.—Hitherto he had triumphed over his natural enemies only; he now turned his arms against his kindred and friends. By a succession of the most perfidious and odious crimes, he removed one by one all the long-haired princes of the Franks—long hair being the distinction of the family of Merowig, which furnished rulers for the nation—who reigned from the Rhine to the British channel; and he was recognised by the Franks who dwelt beyond the northern bank of that river. He was therefore sole monarch of the nation, and his sway extended from Burgundy to the confines of Armorica, and from the borders of Aquitaine into the marshes of Holland, where his empire was bounded by the Frisian and Saxon possessions. It must not, indeed, be supposed that his new conquests were secure: he had rather over-run than subdued the country; and his frontiers were perpetually harassed by the most active enemies. North, as we have just observed, were the Frisians and Saxons; eastward, on the right bank of the Rhine, were the Thuringians, south of them the Swabians; in Gaul, the Wisigoths, in the west, Armorica, disdained submission. But, after all, his career was most splendid: he humbled both the Thuringians and the Swabians, who, allured by his success, endeavoured to form settlements in Gaul; and he made the Swabians his dependent allies. The Bavarians, fearful of the yoke, implored the protection of the Ostrogothic king, and their duke became the ally of the Lombard crown. But the Ostrogothic power was declining, and the duke of the Bavarians, like his brother of Swabia, was soon compelled—not, however, during the life of Clovis—to receive the alliance of the Franks.—The successors of this celebrated barbarian were too often at war with each other to permit the consolidation of the new empire. Their divisions were owing to the erroneous, however common, policy of dividing the dominions into” as many sovereignties as there were sons of the king. Thus, on the death of Clovis (511), the new conquests were bequeathed to his four sons. With the portions of the princes who reigned in Gaul we have here no concern. Austrasia, or the eastern provinces of the Franks, with the Germanic possessions, fell to Thierry, the eldest; while his other brothers reigned at Soissons, Orleans, and Paris, over their respective subjects. Thierry had the most ample share. The Netherlands between the Meuse, the Scheldt, and the Rhine, were his: the duke of Swabia was his vassal; the duke of Bavaria he compelled to become his dependent ally. The Thuringians, indeed, whom his father had defeated, endeavoured to circumscribe his boundaries, and they made a formidable attack on his Rhenish frontier; but, with the aid of his brothers, he completely humbled them, and transplanted to both banks of the Mein considerable colonies of Franks. Hence the new province took the name of Franconia, which it preserved to recent times. This was a politic step: it compelled the Thuringians to throw themselves backwards on the Saxon frontier; it became a strong barrier against the hostilities of both; and it served as a point of departure for succeeding conquests. Hence Thierry may truly be said to have reigned from the banks of the Meuse to the frontiers of Bohemia, and from the confines of modern Thuringia to those of Switzerland.
The history of the Merovingian dynasty in France must be sought in the works expressly devoted to the subject. Adverting, in accordance with our design, to the chief revolutions which, in the regions west of the Rhine, preceded the establishment of the Germanic empire, we may observe, that though sometimes all the kingdoms of the Franks,—Burgundy, Neustria, Austrasia, and subsequently Aquitaine, were the chief,—were twice or thrice under the same sceptre, on the death of the monarch the same fatal division obtained. The sovereigns of Austrasia had, like their more western brethren, various success. By Sigebert, son of Clothaire I., the capital was removed from Rheims to Mentz; but, if we except the submission of the Thuringians, no new conquests signalised the successors of Clovis. Through the never-ceasing revolutions, however, in the Frank kingdoms, Burgundy was frequently under the sceptre of the Austrasian monarch. But the advantage was more than counterbalanced by the imbecility, no less than by the accursed vices, of the Merovingian princes; the one excited the contempt, the other the indignation of the people. In one respect, indeed, these defects were beneficial to them; since, to gratify their licentious propensities, the Austrasian kings shut themselves up from the world, and devolved the cares of government on a prime minister, the mayor of the palace. It may readily be supposed that such a state of things must have been as favourable to the popularity, and consequently to the influence, of the mayor, as it must have been fatal to those of the king. In fact, from the opening of the seventh century, the former was tacitly regarded as the virtual master of the kingdom. The other kingdoms, indeed, had their mayors; but none to be compared, either for capability or power, with those of Austrasia. For this superiority there are causes sufficiently obvious. Pepin, who, in the reign of Sigebert II. (638—650), held that high dignity, possessed vast estates in the lordship of Ardennes; he had numerous vassals; and, as his talents were equal to his means, and his ambition to both: he succeeded in laying the foundation of the future greatness of his house. In that office he was succeeded by his son Grimoald. The customs of the age favoured this usurpation. The dukes of Swabia, of Franconia, and Thuringia—the three great vassals of the Austrasian crown—were recognised as hereditary; why should not the same law of succession be extended to the mayors? Nay, the same ambition descended to the official dignities,—to the counts and the inferior local magistrates, and the military leaders,—who openly vindicated the new right. To recognise it was for the interest neither of the crown nor of the mayor; and there was long a struggle between the two orders, which, however, was in favour of the nobles. In the reign of Dagobert II. (673—678), we find another Pepin, grandson of the former mayor, in possession of the dignity. Fortunately for his views, Clovis III., the successor of Dagobert (691—695), succeeded by hereditary right or by conquest to the thrones of Neustria and Burgundy; and, as Aquitaine had now no vassal dukes, he was the virtual master of the Franks. From this time forward, indeed, the three crowns were always on the same brow, with one nominal interruption. The same high dignity he held under Childebert III. (695—711), and thus firmly established the influence of his family. That influence, however, was not acquired without some victories over the insurgent nobles; nor without some bribes, where open force would have failed; nor without some concessions to the discontented. It is certain, that, in a treaty with the heads of the nobles, he sanctioned the heritability of their lands, offices, and dignities; but as they recognised the hereditary transmission of his, he was the chief gainer by the compact. Nor could his pretensions be withstood; he wielded at his absolute pleasure the riches, the influence, the forces of the crown,—a crown which was evidently departing from the wretched brows which it adorned. So hopeless, indeed, was the imbecility of these abominable princes, who generally—such were their premature vices—died of old age before thirty, that in modern times much surprise has been caused by his forbearance towards the royal puppets. He might easily have removed them: the world remembered them only to despise them; they never appeared in public; they never discharged any function of royalty. But he was satisfied with the power without the title of king. His victories, too, aided his ambition. Over Radbod, duke of Frisia, he signally triumphed; and he reduced to obedience the rebellious duke of Swabia. Before his death, he removed the seat of government to Cologne, evidently with the view of more effectually repressing the spirit of Germanic insubordination. No less fortunate was it for this aspiring house, that the successor of Pepin was the celebrated Charles, surnamed, from his victories, Martel, or the hammer. Neustria, which was chiefly inhabited by descendants of the Gauls, was never well disposed to the supremacy of Austrasia, refused, after Pepin’s death, to acknowledge Dagobert III.; proclaimed Chilperic II., and thereby asserted its independence. But the king and nobles, though aided by the duke of Aquitaine, were vanquished by Charles, who caused them to acknowledge him as mayor of Chilperic. Chilperic succeeded, on Dagobert’s death, to Austrasia; and when he, too, paid the debt of nature, Thierry IV. (720—737.) was permitted to bear the vain title of king. At the head of the undivided power of the Franks, a genius like that of Charles could not fail to obtain rapid successes. Bavaria, which had never been invaded, though its duke had been compelled to become an ally of the Franks, he invaded and subdued: Swabia he conquered: the Saxons, who were making perpetual irruptions into Franconia, he vanquished: the Frisians, who were no less restless and dangerous, he pursued into the very bosom of their marshes, and compelled them to swear submission. But what more than all other things contributed to the establishment of his power, were his victories over the Arabs, who now poured their vast hordes over the Pyrenees, with the avowed purpose of finishing the conquest of Europe. In 732, he met them on the plains of Poictiers, advancing in the flush of success, and confiding in their prodigious multitude no less than in their valour. His splendid victory rolled back the barbaric tide; it completely broke the Mohammedan power, and as certainly saved Central Europe from the yoke That this great hero should be regarded as the sovereign of the Franks, was natural: he was invited by Europe to the throne; and though, on the death of Thierry, he did not assume the regal title, he took care not to confer it on any other prince. In his conduct at this period he seems to have been actuated by great policy. Many subjects he doubtless had, who, had he openly assumed the crown, would have joined the excluded race; and he had no wish to add civil war to his other difficulties. The time was, perhaps, not come for the attempt; but he hastened its arrival, not merely by his victories, but by the politic correspondence which he maintained with the popes. As the Lombards were menacing the existence of Rome, the successors of St. Peter cast their eyes on the only orthodox son of the church who could defend them against those fierce Arians. Though he sent no armies to aid the pope, his threats are believed to have arrested the Lombards in the way to the eternal city; and the service thus rendered, enabled his successors to draw closer the bonds of amity with the great bishop of the West. On his death in 741, he bequeathed the dominions of the Franks to his three sons, with a disposition as absolute as if the crown had been for ages in his family. To Carloman, the eldest, he left Austrasia, Swabia, and Franconia; to Pepin, Neustria, Burgundy, and Provence; to a bastard son, Grifo, several lordships by way of fief. Why did his last testament omit all mention of Aquitaine and Bavaria? The latter, after the death of Thierry, refused to acknowledge the Austrasian mayors: in fact, if it had been over- run, it had never been conquered; and it had regarded itself as the ally, not as the vassal of the Merovingians. The justice of the case seems to have been recognised by Charles, who made no effort to reduce the duchy. Carloman and Pepin, however, overthrew the Bavarians, reducing duke Odilo to vassalage. They found it necessary also to take the field against the Swabians. The same success attended them here as in Bavaria; and Aquitaine was speedily reduced to submission. But these advantages threatened to be rendered abortive by the fatal policy of Charles, in dividing the provinces. Often had the opportunity of uniting them in one compact monarchy been lost; dissension, open war, bloody treachery, were the inevitable consequence. It was reserved for Pepin to establish the foundation of a great empire. In 752, his brother Carloman assumed the cowl; leaving heirs, however, who, on reaching a suitable age, were intended to succeed in the Germanic provinces. But Pepin forced them also into the cloister; and he besought pope Zacharias to sanction his claim to the crown. Fortunately for him, the Lombards were now more formidable than ever: the pope had, consequently, the utmost need of his assistance; and, as the condition of affording it, his claim was fully sanctioned. Childeric II., who a few years before he had consented should bear the regal title—probably with the view of securing the obedience of the Germans—was now quietly removed to the cloister, and he was solemnly anointed and crowned amidst the unbounded acclamations of the people.
But the institutions and character of a people are the only subjects on which the eye of the historic student can rest with pleasure. In the preceding rapid summary, the question perpetually recurs, What were the government, the administration, and the polity of a people thus destined to found a great empire? Into that extensive subject we cannot here fully enter, as on a former occasion we have, for any general purpose, considered it sufficiently. Our present observations, so far from being intended as a complete treatise on it, are, in fact., intended merely as supplementary or explanatory of what we wrote on that occasion. When the Franks first appeared in Gaul, they had certainly hereditary princes; that is, they had one sovereign family from which alone they elected their future sovereigns,—generally, as it appears, during the lifetime of the reigning monarch; for as to the strict law of succession, this was unknown in every European country. What was the authority of these sovereigns? That which was sanctioned by the customs of the people, appears to have been moderate enough. Without the consent of his assembled warriors, the king could not legally undertake any important affair. For the great question of peace or war, this concurrence, we need not doubt, remained unimpaired; but in almost every thing else, except in the exercise of legislation, he continued, and more rapidly than we might have anticipated, to extend and establish his authority. In the first place, he seems to have possessed ample means of corruption. As the country was won from the original inhabitants, he assumed the right of partitioning it according to his pleasure among those who had helped him to acquire it,—a privilege which must, of necessity, have immeasurably augmented his influence. How such a privilege should have been left to him, is indeed surprising; but that it was an usurpation may fairly be inferred. In the rapidity of conquest, which was sometimes effected with a mere handful of troops,—Clovis does not appear to have commenced with more than 4000 or 5000, and at no period, probably, had the French kings more than three times that number,—it was not always convenient to convoke the great body of the Franks; and as the new domains were to be divided, who so likely to fix the portions as he who had been witness to the valour exhibited by each warrior? Again, on the death of a tenant, the domain naturally reverted to the king; and it could either be intrusted, under the usual condition of military service, to some member of the same family, or to any other individual whom he might select. Whatever circumstances may have placed this privilege in his hands, nothing seems more certain than that he exercised it. He could not, however, at his own pleasure, deprive any tenant of his domain; such deprivation was the unquestionable prerogative of the annual plaids, and one which was retained through every varying change of fortune. Not that the king did not sometimes punish his most powerful followers; but these were exceptions from the rule; they were instances of violence which no man had foreseen, and which became less uncommon in proportion to the augmented influence of the crown. Again, the king had the nomination of the dukes, counts, and other functionaries, whose character appears to have been equally military and civil. Was this, also, an innovation? This question, perhaps, can never be decided. Whether it were an innovation or not, there was a plausible pretext for its exercise; for, on a vacancy, the necessities of the public service would naturally demand the immediate nomination of a successor. What appears certain is, that such dignities were generally venal, unless the king chose to confer them as a mark of his especial favour. Thus, Gregory of Tours tells us of a man who sent his son with a considerable sum of money to court, to procure the vacant office of count, and that the son bought it for himself. These two facts alone would account for the rapidity with which the royal power was consolidated. There was always a sufficient number of armed warriors at court, in expectation of lands or dignities, and ready to obey any expression of the royal will. It was the manifest interest of the king to augment the number; and we accordingly find that this lawless band was sometimes powerful enough even to crush an insurrection. All, it may be said, could not reasonably expect either dignities or territorial domains; but, for the present wants of all, the king had generally an ample store of gold and silver. When these failed, the church supplied a resource. To the more favoured of their followers, the Merovingian princes of later times sometimes granted the revenues of monasteries, even of cathedrals. They were his unscrupulous instruments so long as he had either the present means or the future prospect of rewarding them; and by their aid it was that he was enabled to triumph over the more powerful dukes or counts who raised the standard of revolt. Again, so long as the great bulk of the armed population attended the annual plaids, they were a check on the royal power. Originally, when the territory was limited, such attendance was frequent, because it was not burdensome; but when the new vassals were scattered over a wide extent of country, from the bosom of Franconia to that of Aquitaine, there were many who had little disposition to undertake a long, a dangerous, and an expensive journey. The official dignitaries, indeed, were bound to be present; but these were not the men most likely to resist the monarch’s will. In fact, as these were long removable at his pleasure, they were in no haste to oppose him. It is certain that, in process of time, these plaids were but indifferently attended; and that the virtual government of the nation rested with the king and his dependents. Lastly, the spirit of the Roman jurisprudence, which was essentially favourable to despotism in the sovereign, was rapidly displacing that of the Germanic code. If we read the slavish language of the bishops of Gaul during the sixth century, we shall soon perceive that his power was irresponsible. But in the progress and revolution of society, that power decreased as rapidly as it had arisen. The causes are by no means recondite. The personal character of the monarchs was, probably, the most effectual. The functions which they were incompetent to discharge, were intrusted to the mayor of the palace, who, as we have before intimated, soon engrossed the actual powers of the monarchy. Again, when the warriors now become nobles insisted that their domains should be hereditarily transmissible to their descendants; when even the dukes, counts, and other dignitaries, no less insisted that these offices should descend to their heirs; the influence of the crown was almost annihilated. We have alluded to the compact between the mayor, Pepin, and the nobles of Austrasia, after a struggle which appears to have continued throughout the greater part of a century. As far as regarded the lands, there was justice in it. In all countries, these had been hereditary; and no man could patiently bear the reflection, that what he himself had won with the sword, should be forcibly transferred from his offspring to a stranger. In fact, there can be no doubt that these fiefs soon ceased to be moveable; that they were soon regarded as purely hereditary, subject, perhaps, to a nominal confirmation by the crown. Where so many thousands had a direct interest in the question at issue, we need not wonder that they made common cause against the crown, as regarded not only their fief, but their jurisdictions.
The judicial system of the Germanic tribes is worthy of consideration. Our earliest information, derived from Caesar and confirmed by Tacitus, shows that Germany had anciently as many republics as it had tribes. Except in time of war, there was no chief common to all, or even to any given confederation. In each pagus or canton the inhabitants periodically assembled, elected their magistrates, not for the pagus only, but for each community or colony—towns there were not—of that district. These, Caesar calls principes regionum ac pagorum, Tacitus, principes pagorum vicorumque. Those who presided over a pagus were certainly equal in authority to the counts, or even the dukes of a later period, and they were as certainly chosen from the nobles, probably from some particular family; for, that there were hereditary distinctions, even at this period, is incontestable. Under these, were certainly other functionaries: of them was the tiuphad, of whom we read in the Wisigothic code; and the magistrates over the vici were, doubtless, subordinate to those of the pagi. Whether the principes qui jura per pagos vicosque reddebant, had official scabini or assessors at this early period, may be doubted: it is more probable, that a certain number of householders were chosen for the occasion, to advise and even to concur with the presiding judge. In subsequent times these dignitaries were called dukes and counts. It is impossible to ascertain the number in the dominion of the Franks. The Germanic provinces had, indeed, but one duke each; and there could not be many in Gaul, since his jurisdiction embraced a whole province, and contained several countships. His office was originally military; to lead, at the summons of the king, the armed men of his duchy to the field; but that it soon became civil also, is evident from a formula in Marculfus. The same twofold and apparently discordant character distinguished the count. He, too, had his district, the forces of which he led to the banner of his duke, and in the tribunal of which he administered justice to the people. Both, too, raised the royal revenues, and transmitted them to the court. In their origin, these offices, as we have already intimated, were conferred for a period only, at the pleasure of the crown; but they were soon held for life, and were, consequently, irrevocable, unless in cases of convicted delinquency. Subsequently, as we have shown, they were declared hereditary. To repress extortion, the dukes appear to have had no interest in the revenues of their provinces. Those of a certain territory were assigned to support the splendour of the dignity, in the immediate vicinity of the place where the duke had his seat of jurisdiction. Thus, the city of Wurtzburg, and its dependencies, was the ancient domain of the duke of Franconia; and in later times, the whole circle of Wittenberg was not thought too ample for the necessities of the dukes of Saxony. In each courtship (pagus, gau; hence the numerous German words ending in gau, as Risgau, Rhingau) were several hundreds, each governed by a hundredary or centenarius, who, like the count and duke, had his tribunal. But, as reliance could not always be placed on the integrity, or competency, or moderation of the military judges, missi dominici, or royal commissaries, armed with superior judicial powers, were frequently sent into the provinces, to superintend the administration of justice, to report on the conduct of the ordinary functionaries, and to hold courts themselves, into which they could evoke any cause pending in the inferior tribunals. And the bishops appear to have been invested with a sort of indirect control over the counts of the same city. Appeals, too, could regularly be carried from an inferior to a higher tribunal; even from the decision of the royal judges, there was an appeal to the superior justice of the monarch. Besides, in the annual plaids, which, under the Merovingian sovereigns, were always held in March, and thence called Campi Martii, complaints could be made against any functionary, from the centenary to the duke, who had abused his trust. When the king sat on the seat of judgment, he was always accompanied by the higher officers of his crown; by his marshals, senechals, stewards, cupbearers, &c., and, generally, by one or two bishops. The dukes and counts, too, were not allowed to dispense justice alone: they presided in a court, composed of a certain number of assessors, called scabini or rachimburgii, who possessed the right of advice and suffrage; and they had vicars to take their places, either when the multiplicity of affairs exceeded the power of one man, or when they were absent on military business. And there was another class of functionaries associated with the comites and rachimburgi, or scabini. These were the sagibarones, who appear to have been a sort of syndics or advising magistrates. They were not so numerous as the scabini; for, while every open tribunal required seven, there were only three sagibarones. Originally these functionaries, the count, and the scabini (for the sagibarones are of more recent appointment), met in their tribunal, or mallum, under the open firmament, to administer justice in presence of the people. The place had some distinguishing mark to warn the people of its sanctity, to repress turbulence and noise, and to inspire a sedate attention. That distinction was sometimes a solitary oak, sometimes a cross, now a statue; and, if none of these were at hand, the upraised shield of the judge might be a sufficient token. These primitive judgments in the open air continued to the days of Charlemagne, and even of his sons. Both he and Louis le Debonnaire, caused buildings to be erected, for the purpose, “that the public service might not suffer either through the heat of the sun, or the rain.” But we must never forget that the jurisdiction of the count was as well military
as civil; and as no man could be equal to these twofold duties, when he was occupied in one he necessarily devolved the care of the other on his vicar, or vice-count. Each vicar had his tribunal, but that tribunal could not suffice either for the multiplicity of affairs or for the extent of a district. Hence the inferior courts of the centenary or hundredary, so called, probably, from his jurisdiction over a district containing 100 families or hamlets; of the decanus, or tything man, who was probably something more of a constable than a magistrate. It has, however been said, that he held his tribunal, as well as his superior the centenary; but if he had one, it must assuredly have been for very trifling causes. By some writers he is supposed to have been identical with the tungin; but this officer was certainly one of much higher grade. The tungin appears to have been independent of the ordinary or royal courts, and to have exercised a territorial jurisdiction by especial grant from the sovereign. From several of the Germanic codes it is evident, that he took cognisance of very important cases, a fact that does not much countenance the notion of his identity with the public tything man. That there were regular gradations of appeal through these tribunals, is undoubted. The two judges of the king’s palace were chiefly occupied in hearing appeals; and it is certain, that they were often carried from the centenary to the count, from the count to the king, and from the king to the annual placita.
The society of the German tribes will be found to exhibit features no less striking than the government and administration. That the feudal system had its roots in these times, is, of all facts, the least questionable. Lands were confessedly bestowed and held on the condition of military service; and, except in the event of invasion, that service was limited to a certain number of days every year. And it is certain that lands were not merely held from the monarch; they were also granted by the great vassals, who may now be called barons, to inferior warriors. As the number of men which every great tenant was compelled to furnish, was proportioned to the extent of his domain, he was of necessity compelled to surround himself with armed men. Some of them, indeed, were the inmates of his abode; they sat at his table, and were, in fact, his military domestics; but to the greater number, smaller portions of land were conceded, on the same condition of service. This policy was in other respects useful. It tended to the better cultivation of the ground; and it fortified the different parts of the domain against aggressions, which in such an age were of perpetual recurrence. The number of armed attendants on the persons of the dukes appears to have been considerable. The German dukes were virtually sovereigns; and were often able to contend with their superiors of Austrasia. The hostility of the warriors to agricultural pursuits, which they devolved on slaves or domestics, is well known. War and hunting were their constant employment; so much so, that lance and man were as synonymous as spindle and woman. In the laws of all these people, the life of a dog, of a falcon, or a hawk, is secured by heavy penalties. Buried in the recesses of their vast forests, surrounded by a numerous train of slaves and of armed warriors, occupied in masculine sports, and proudly conscious of their independence, the German barons were little disposed to abide in cities. At their superior’s summons, they were always ready to take the field; but that service performed, they regarded themselves as under no obligation to him, and they hastened to visit their rural abodes.—In their habits of life we perceive a considerable improvement from the time of Tacitus. Their houses were evidently much larger, and provided with apartments appropriated to distinct offices of the household; their tables became, not indeed more plentiful, but certainly much less rude. We read even of cooks,—a refinement unknown to their lives of old. It is equally clear that, though they took no part in agricultural labours, considerable improvement had been effected in that most useful of the arts. The class of slaves must have greatly multiplied, before the land could be rendered capable of supporting so many free-born warriors. Enfranchisement, however, was not unfrequent, especially that partial sort, which though it broke the more galling chain of servitude, still rendered the freedman dependent on his patron,—subject to certain services or returns of produce. On the whole, it is difficult to determine whether liberty most flourished in Germany or Gaul; for though in the latter country the influence of religion was incomparably greater during the Merovingian sway, in the former there had always subsisted more individual independence. In Gaul, however, manumission was much more frequent: the slaves were even elevated into liberty, that they might, on any emergency, be able to assist their lords, who, from their location in a foreign country, had not, like the German barons, free-born warriors always at hand to assist them. In Gaul, too, the church had an infinitely greater number of slaves. In fact, Christianity was little known in Germany during the period before us: and under that spirit which has always influenced the ministers of the altar, the worst evils of slavery in the former country were sure to be mitigated. There were other marks of distinction between the people of Gaul and of Germany. In the former, the ecclesiastical dignities and the municipal offices were in the hands of navties, whose influence was a salutary counterpoise to the tyranny of the new proprietors. Again, the proudest tenants paid more attention to the cultivation of the ground, than their trans-rhenish countrymen. Thirdly, the constant intercourse between the two great classes of the people, insensibly led to an approximation. Though originally, the life of a Frank was rated at twice the amount of a Gaul’s; but this obnoxious distinction was soon abolished by the Burgundians, who placed the two nations on an equal footing; and their example was at length imitated by the Franks.
752—910.
CHARLEMAGNE RESTORES THE EMPIRE OF THE WEST.—HIS REIGN AND HIS IMMEDIATE SUCCESSORS.—CONVULSIONS OF THE EMPIRE.—CIVIL WARS.—SEPARATION OF THE FRANK AND GERMANIC CROWNS.—GOVERNMENT, LAWS, SOCIETY, AND MANNERS OF THE GERMANS DURING THE DOMINATION OF THIS HOUSE.—LAWS THROWING LIGHT ON THAT SOCIETY.—CODES OF THE FRANKS.—BURGUNDIANS. —SWABIANS.—BAVARIANS.—ANGLES.—SAXONS.—FRISIANS.
The conduct of Pepin was not unworthy of the confidence which had been reposed in him. Like his immediate predecessor, he triumphed over the hostile Frisians and Saxons, and he quelled the insurrections of the Germanic dukes. To the pope he proved that he could be grateful for his elevation to a throne. Being honoured by a personal visit from Stephen III., and informed of the extremity to which the Roman possessions were reduced, he first remonstrated with Astolfus of Lombardy; and when that prince still marched on Rome, he hastened into Italy, and forced him to restore the exarchate of Ravenna, not indeed to the Greek emperor, but to the pope. In his testament, which he took care to see confirmed in a public diet, the year before his death, he left his two sons, Charles and Carloman, joint heirs of his states. To the one he left the West, from Frisia to the Pyrenees; to the other, the Germanic provinces, part of Austrasia, Alsace, Switzerland, Burgundy, and Provence. To us, whom history has presented with a wide field of experience, it often seems surprising that such impolitic measures could be adopted by men distinguished for considerable powers of judgment,—for such, assuredly, were Charles Martel and Pepin. Its ruinous effects were before the eyes of both; yet neither they nor any other sovereign of these ages ever thought of deviating from it. It is indeed probable, that to one of the sons,—generally the eldest,—a superiority was awarded over the others; but it was merely feudal,—consequently nominal. The most obvious cause of this policy must be traced to that natural affection, and to those natural feelings of justice, which lay in the paternal breast; yet a more enlightened affection would have shrunk from placing sons in a position where they must inevitably become hostile to one another,—where troubles must, of necessity, agitate both them and their people. But the equality of rights among the children of the same family, the total absence of primogenital advantages, distinguished all the Teutonic, all the Sclavonic nations; and custom was too powerful to be eradicated by policy, until it was found, by that most effectual, though most melancholy of teachers, experience, that where primogeniture is not adopted, society will be disorganised. In the present instance, indeed, no serious mischief followed the partition. A civil war was preparing by both brothers, when Carloman died, and though he left children, their claims were disregarded by Charles, who seized the whole inheritance.