the spirit of laws-第186章
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immediate vassals of the king； and the benefices annexed to the counties were no longer the king's benefices； the counts grew powerful because the vassals whom they had already under them enabled them to procure others。
In order to be convinced how much the monarchy was thereby weakened towards the end of the second race we have only to cast an eye on what happened at the beginning of the third； when the multiplicity of rear…fiefs flung the great vassals into despair。
It was a custom of the kingdom＇190＇ that when the elder brothers had given shares to their younger brothers； the latter paid homage to the elder； so that those shares were held of the lord paramount only as a rear…fief。 Philip Augustus； the Duke of Burgundy； the Counts of Nevers； Boulogne； St。 Paul； Dampierre； and other lords declared＇191＇ that henceforward； whether the fiefs were divided by succession or otherwise； the whole should be always of the same lord； without any intermediation。 This ordinance was not generally followed； for； as I have elsewhere observed； it was impossible to make general ordinances at that time； but many of our customs were regulated by them。
29。 Of the Nature of the Fiefs after the Reign of Charles the Bald。 We have observed that Charles the Bald ordained that when the possessor of a great office or of a fief left a son at his death； the office or fief should devolve to him。 It would be a difficult matter to trace the progress of the abuses which thence resulted； and of the extension given to that law in each country。 I find in the books of fiefs；＇192＇ that towards the beginning of the reign of the Emperor Conrad II； the fiefs situated in his dominions did not descend to the grandchildren： they descended only to one of the last possessor's children； who had been chosen by the lord：＇193＇ thus the fiefs were given by a kind of election； which the lord made among the children。
In the seventeenth chapter of this book we have explained in what manner the crown was in some respects elective； and in others hereditary under the second race。 It was hereditary； because the kings were always taken from that family； and because the children succeeded； it was elective； by reason that the people chose from among the children。 As things proceed step by step； and one political law has constantly some relation to another political law； the same spirit was followed in the succession of fiefs； as had been observed in the succession to the crown。＇194＇ Thus the fiefs were transmitted to the children by the right of succession； as well as of election； and each fief became both elective and hereditary； like the crown。
This right of election＇195＇ in the person of the lord was not subsisting at the time of the authors＇196＇ of the book of fiefs； that is； in the reign of the Emperor Frederick I。
30。 The same Subject continued。 It is mentioned in the books of fiefs； that when the Emperor Conrad set out for Rome； the vassals in his service presented a petition to him that he would please to make a law that the fiefs which descended to the children should descend also to the grandchildren； and that he whose brother died without legitimate heirs might succeed to the fief which had belonged to their common father。＇197＇ This was granted。
In the same place it is said （and we are to remember that those writers lived at the time of the Emperor Frederick I）＇198＇ 〃that the ancient jurists had always been of opinion＇199＇ that the succession of fiefs in a collateral line did not extend farther than to brothers…german； though of late it was carried as far as the seventh degree； and by the new code they had extended it in a direct line in infinitum。〃 It is thus that Conrad's law was insensibly extended。 All these things being supposed； the bare perusal of the history of France is sufficient to demonstrate that the perpetuity of fiefs was established earlier in this kingdom than in Germany。 Towards the commencement of the reign of the Emperor Conrad II in 1024； things were upon the same footing still in Germany； as they had been in France during the 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。
