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the spirit of laws-第163部分

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A prince who was the sport of his passions; and a dupe even to his virtues; a prince who never understood rightly either his own strength or weakness; a prince who was incapable of making himself either feared or beloved; a prince; in fine; who with few vices in his heart had all manner of defects in his understanding; took into his hands the reins of the empire which had been held by Charlemagne。

At a time when the whole world is in tears for the death of his father; at a time of surprise and alarm; when the subjects of that extensive empire all call upon Charles and find him no more; at a time when he is advancing with all expedition to take possession of his father's throne; he sends some trusty officers before him in order to seize the persons of those who had contributed to the irregular conduct of his sisters。 This step was productive of the most terrible catastrophes。'137' It was imprudent and precipitate。 He began with punishing domestic crimes before he reached the palace; and with alienating the minds of his subjects before he ascended the throne。

His nephew; Bernard; King of Italy; having come to implore his clemency; he ordered his eyes to be put out; which proved the cause of that prince's death a few days after; and created Louis a great many enemies。 His apprehension of the consequence induced him to shut his brothers up in a monastery; by which means the number of his enemies increased。 These two last transactions were afterwards laid to his charge in a judicial manner;'138' and his accusers did not fail to tell him that he had violated his oath and the solemn promises which he had made to his father on the day of his coronation。'139'

After the death of the Empress Hermengarde; by whom he had three children; he married Judith; and had a son by that princess; but soon mixing all the indulgence of an old husband; with all the weakness of an old king; he flung his family into a disorder which was followed by the downfall of the monarchy。

He was continually altering the partitions he had made among his children。 And yet these partitions had been confirmed each in their turn by his own oath; and by those of his children and the nobility。 This was as if he wanted to try the fidelity of his subjects; it was endeavouring by confusion; scruples; and equivocation; to puzzle their obedience; it was confounding the different rights of those princes; and rendering their titles dubious; especially at a time when there were but few fortresses; and when the principal bulwark of authority was the fealty sworn and accepted。

The Emperor's children; in order to preserve their shares; courted the clergy; and granted them privileges till then unheard。 These privileges were specious; and the clergy in return were made to warrant the revolution in favour of those princes。 Agobard'140' represents to Louis the Debonnaire his having sent Lotharius to Rome; in order to have him declared emperor; and that he had made a division of his dominions among his children; after having consulted heaven by three days fasting and praying。 What defence could such a weak prince make against the attack of superstition? It is easy to perceive the shock which the supreme authority must have twice received from his imprisonment; and from his public penance; they would fain degrade the king; and they degraded the regal dignity。

We find difficulty at first in conceiving how a prince who was possessed of several good qualities; who had some knowledge; who had a natural disposition to virtue; and who in short was the son of Charlemagne; could have such a number of enemies。'141' so impetuous and implacable as even to insult him in his humiliation and to be determined upon his ruin: and; indeed they would have utterly completed it; if his children; who in the main were more honest than they; had been steady in their design; and could have agreed among themselves。

21。 The same Subject continued。 The strength and solidity for which the kingdom was indebted to Charlemagne still subsisted under Louis the Debonnaire in such a degree as enabled the state to support its grandeur; and to command respect from foreign nations。 The prince's understanding was weak; but the nation was warlike。 His authority declined at home; though there seemed to be no diminution of power abroad。

Charles Martel; Pepin; and Charlemagne were in succession rulers of the monarchy。 The first flattered the avarice of the soldiers: the other two that of the clergy。 Louis the Debonnaire displeased both。

In the French constitution; the whole power of the state was lodged in the hands of the king; the nobility; and clergy。 Charles Martel; Pepin; and Charlemagne joined sometimes their interest with one of those parties to check the other and generally with both; but Louis the Debonnaire could gain the affection of neither。 He disobliged the bishops by publishing regulations which had the air of severity; because he carried things to a greater length than was agreeable to their inclination。 Very good laws may be ill…timed。 The bishops in those days; being accustomed to take the field against the Saracens and the Saxons; had very little 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 f
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