Yet the changes of ownership, even thus guarded, wrought other changes.

It is not to be supposed that the Norman baron, when he had received his

fief, proceeded to carve it out into demesne and tenants' land as if he

were making a new settlement in an uninhabited country. He might indeed

build his castle and enclose his chase with very little respect to the

rights of his weaker neighbors, but he did not attempt any such radical

change as the legal theory of the creation of manors seems to presume.

The name "manor" is of Norman origin: but the estate to which it was

given existed, in its essential character, long before the Conquest; it

received a new name as the shire also did, but neither the one nor the

other was created by this change. The local jurisdictions of the thegns

who had grants of _sac_ and _soc_, or who exercised judicial functions

among their free neighbors, were identical with the manorial

jurisdictions of the new owners.

It may be conjectured with great probability that in many cases the

weaker freemen, who had either willingly or under constraint attended

the courts of their great neighbors, were now, under the general

infusion of feudal principle, regarded as holding their lands of them as

lords; it is not less probable that in a great number of grants the

right to suit and service from small land-owners passed from the king to

the receiver of the fief as a matter of course; but it is certain that

even before the Conquest such a proceeding was not uncommon; Edward the

Confessor had transferred to St. Augustine's monastery a number of

allodiaries in Kent, and every such measure in the case of a church must

have had its parallel in similar grants to laymen. The manorial system

brought in a number of new names; and perhaps a duplication of offices.

The _gerefa_ of the old thegn, or of the ancient township, was replaced,

as president of the courts, by a Norman steward or seneschal; and the

_bydel_ of the old system by the bailiff of the new; but the gerefa and

bydel still continued to exist in a subordinate capacity as the _grave_

or reeve and the _bedell_; and when the lord's steward takes his place

in the county court, the reeve and four men of the township are there

also. The common of the township may be treated as the lord's waste, but

the townsmen do not lose their customary share.

The changes that take place in the state have their resulting analogies

in every village, but no new England is created; new forms displace but

do not destroy the old, and old rights remain, although changed in title

and forced into symmetry with a new legal and pseudo-historical theory.

The changes may not seem at first sight very oppressive, but they opened

the way for oppression; the forms they had introduced tended, under the

spirit of Norman legality and feudal selfishness, to become hard

realities, and in the profound miseries of Stephen's reign the people

learned how completely the new theory left them at the mercy of their

lords; nor were all the reforms of his successor more stringent or the

struggles of the century that followed a whit more impassioned than were

necessary to protect the English yeoman from the men who lived upon his

strength.

In attempting thus to estimate the real amount of change introduced by

the feudalism of the Conquest, many points of further interest have been

touched upon, to which it is necessary to recur only so far as to give

them their proper place in a more general view of the reformed

organization. The Norman king is still the king of the nation. He has

become the supreme landlord; all estates are held of him mediately or

immediately, but he still demands the allegiance of all his subjects.

The oath which he exacted at Salisbury in 1086, and which is embodied in

the semi-legal form already quoted, was a modification of the oath taken

to Edmund, and was intended to set the general obligation of obedience

to the king in its proper relation to the new tie of homage and fealty

by which the tenant was bound to his lord.

All men continued to be primarily the king's men, and the public peace

to be his peace. Their lords might demand their service to fulfil their

own obligations, but the king could call them to the _fyrd_, summon them

to his courts, and tax them without the intervention of their lords; and

to the king they could look for protection against all foes. Accordingly

the king could rely on the help of the bulk of the free people in all

struggles with his feudatories, and the people, finding that their

connection with their lords would be no excuse for unfaithfulness to the

king, had a further inducement to adhere to the more permanent

institutions.

In the department of law the direct changes introduced by the Conquest

were not great. Much that is regarded as peculiarly Norman was developed

upon English soil, and although originated and systematized by Norman

lawyers, contained elements which would have worked in a very different

way in Normandy. Even the vestiges of Carlovingian practice which appear

in the inquests of the Norman reigns are modified by English usage. The

great inquest of all, the _Domesday_ survey, may owe its principle to a

foreign source; the oath of the reporters may be Norman, but the

machinery that furnishes the jurors is native; "the king's barons

inquire by the oath of the sheriff of the shire, and of all the barons

and their Frenchmen, and of the whole hundred, the priest, the reeve,

and six _ceorls_ of every township."

The institution of the collective Frank pledge, which recent writers

incline to treat as a Norman innovation, is so distinctly colored by

English custom that it has been generally regarded as purely indigenous.

If it were indeed a precaution taken by the new rulers against the

avoidance of justice by the absconding or harboring of criminals, it

fell with ease into the usages and even the legal terms which had been

common for other similar purposes since the reign of Athelstan. The

trial by battle, which on clearer evidence seems to have been brought in

by the Normans, is a relic of old Teutonic jurisprudence, the absence of

which from the Anglo-Saxon courts is far more curious than its

introduction from abroad.

The organization of jurisdiction required and underwent no great change

in these respects. The Norman lord who undertook the office of sheriff

had, as we have seen, more unrestricted power than the sheriffs of old.

He was the king's representative in all matters judicial, military, and

financial in his shire, and had many opportunities of tyrannizing in

each of those departments: but he introduced no new machinery. From him,

or from the courts of which he was the presiding officer, appeal lay to

the king alone; but the king was often absent from England and did not

understand the language of his subjects. In his absence the

administration was intrusted to a _judiciar_, a regent, or lieutenant,

of the kingdom; and the convenience being once ascertained of having a

minister who could in the whole kingdom represent the king, as the

sheriff did in the shire, the judiciar became a permanent functionary.

This, however, cannot be certainly affirmed of the reign of the

Conqueror, who, when present at Christmas, Easter, and Whitsuntide, held

great courts of justice as well as for other purposes of state; and the

legal importance of the office belongs to a later stage. The royal

court, containing the tenants-in-chief of the crown, both lay and

clerical, and entering into all the functions of the witenagemot, was

the supreme council of the nation, with the advice and consent of which

the King legislated, taxed, and judged.

In the one authentic monument of William's jurisprudence, the act which

removed the bishops from the secular courts and recognized their

spiritual jurisdictions, he tells us that he acts "with the common

council and counsel of the archbishops, bishops, abbots, and all the

princes of the kingdom." The ancient summary of his laws contained in

the _Textus Roffensis_ is entitled "_What William, King of the English,

with his Princes enacted after the Conquest of England_"; and the same

form is preserved in the tradition of his confirming the ancient laws

reported to him by the representatives of the shires. The _Anglo-Saxon

Chronicle_ enumerates the classes of men who attended his great courts:

"There were with him all the great men over all England, archbishops and

bishops, abbots and earls, thegns and knights."

The great suit between Lanfranc as Archbishop of Canterbury and Odo as

Earl of Kent, which is perhaps the best reported trial of the reign, was

tried in the county court of Kent before the King's representative,

Gosfrid, bishop of Coutances; whose presence and that of most of the

great men of the kingdom seem to have made it a witenagemot. The

archbishop pleaded the cause of his Church in a session of three days on

Pennenden Heath; the aged South-Saxon bishop, Ethelric, was brought by

the King's command to declare the ancient customs of the laws; and with

him several other Englishmen skilled in ancient laws and customs. All

these good and wise men supported the archbishop's claim, and the

decision was agreed on and determined by the whole county. The sentence

was laid before the King, and confirmed by him. Here we have probably a

good instance of the principle universally adopted; all the lower

machinery of the court was retained entire, but the presence of the

Norman justiciar and barons gave it an additional authority, a more

direct connection with the king, and the appearance at least of a joint

tribunal.

The principle of amalgamating the two laws and nationalities by

superimposing the better consolidated Norman superstructure on the

better consolidated English substructure, runs through the whole policy.

The English system was strong in the cohesion of its lower organism, the

association of individuals in the township, in the hundred, and in the

shire; the Norman system was strong in its higher ranges, in the close

relation to the Crown of the tenants-in-chief whom the King had

enriched. On the other hand, the English system was weak in the higher

organization, and the Normans in England had hardly any subordinate

organization at all. The strongest elements of both were brought

together.

DECAY OF THE FRANKISH EMPIRE

DIVISION INTO MODERN FRANCE, GERMANY, AND ITALY

A.D. 843-911

FRANÇOIS P.G. GUIZOT

(The period with which the following article deals may be said to mark

the end of distinctively Frankish history. A striking mixture of races

entered into the formation of this people, and the beginnings of the

great modern nations into which the Frankish empire was divided brought

to them varied elements of strength and a diversity of constituents that

were to be commingled in new national characters and careers.

In 840 Charles the Bald became King of France, and his reign, both as

king and afterward as emperor, continued for thirty-seven years, during

which he proved himself to be lacking in those qualities which his

responsibilities and the wants of his people demanded. He had great

obstacles to contend against; for besides the ambitions of various

districts for separate nationality, which led to insurrections in many

quarters, Greek pirates ravaged the South, where the Saracens also

wrought havoc, while in the North and West the Northmen burned and

pillaged, laying waste a wide region and leaving many towns in ruins.

It was an age of turbulence in Europe, and the violence of predatory

invaders brought woes upon many peoples. On the east of Charles' empire

the Hungarians, successors of the Huns, began to threaten. In the midst

of all these distractions and dangers, assailed by enemies without and

within, Charles found it a task far beyond his abilities to construct a

state upon foundations of unity. He bore many titles and held several

crowns, but his actual dominion was narrowly restricted, and his nominal

subjects were in a state of political subdivision almost amounting to

dismemberment. After various futile efforts during his later years to

unify his empire, Charles died from an illness which seized him in 877,

on his return to France from a fruitless campaign of subjugation and

pillage in Italy. In the subsequent division of the empire, according to

the terms of the treaty of Verdun, the several portions included Italy,

the nucleus of France, and that of the present Germany.

Already suffering from the devastating expeditions of the Norse or

Northmen, the Carlovingian empire, now weakened by division, became an

easier prey for the invaders. Emboldened by success, the Northmen at

length commenced to settle in the regions they invaded, no longer

returning, as formerly, to their northern homes in winter. Among

chieftains of the early Norman invaders who settled in France was

Hastings, who became Count of Chartres; later came Rou, Rolf, or Rollo

the Rover, to whom Charles the Simple of France gave Normandy, whence

sprang the conquerors and rulers of England, who laid the foundation of

the English-speaking nations of today.)

The first of Charlemagne's grand designs, the territorial security of

the Gallo-Frankish and Christian dominion, was accomplished. In the East

and the North, the Germanic and Asiatic populations, which had so long

upset it, were partly arrested at its frontiers, partly incorporated

regularly in its midst. In the South, the Mussulman populations which,

in the eighth century, had appeared so near overwhelming it, were

powerless to deal it any heavy blow. Substantially France was founded.

But what had become of Charlemagne's second grand design, the

resuscitation of the Roman Empire at the hands of the barbarians that

had conquered it and become Christians?

Let us leave Louis the Debonair his traditional name, although it is not

an exact rendering of that which was given him by his contemporaries.

They called him Louis the Pious. And so, indeed, he was, sincerely and

even scrupulously pious; but he was still more weak than pious, as weak

in heart and character as in mind; as destitute of ruling ideas as of

strength of will, fluctuating at the mercy of transitory impressions or

surrounding influences or positional embarrassments. The name of

_Débonnaire_ is suited to him; it expresses his moral worth and his

political incapacity both at once.

As king of Aquitaine in the time of Charlemagne, Louis made himself

esteemed and loved; his justice, his suavity, his probity, and his piety

were pleasing to the people, and his weaknesses disappeared under the

strong hand of his father. When he became emperor, he began his reign by

a reaction against the excesses, real or supposed, of the preceding

reign. Charlemagne's morals were far from regular, and he troubled

himself but little about the license prevailing in his family or his

palace. At a distance, he ruled with a tight and heavy hand. Louis

established at his court, for his sisters as well as his servants,

austere regulations. He restored to the subjugated Saxons certain of the

rights of which Charlemagne had deprived them. He sent out everywhere

his commissioners with orders to listen to complaints and redress

grievances, and to mitigate his father's rule, which was rigorous in its

application and yet insufficient to repress disturbance, notwithstanding

its preventive purpose and its watchful supervision.

Almost simultaneously with his accession, Louis committed an act more

serious and compromising. He had, by his wife Hermengarde, three sons,

Lothair, Pépin, and Louis, aged respectively nineteen, eleven, and

eight. In 817, Louis summoned at Aix-la-Chapelle the general assembly of

his dominions; and there, while declaring that "neither to those who

were wisely minded nor to himself did it appear expedient to break up,

for the love he bare his sons and by the will of man, the unity of the

empire, preserved by God himself," he had resolved to share with his

eldest son, Lothair, the imperial throne. Lothair was in fact crowned

emperor; and his two brothers, Pépin and Louis, were crowned king, "in

order that they might reign, after their father's death and under their

brother and lord, Lothair, to wit: Pépin, over Aquitaine and a great

part of Southern Gaul and of Burgundy; Louis, beyond the Rhine, over

Bavaria and the divers peoples in the east of Germany." The rest of Gaul

and of Germany, as well as the kingdom of Italy, was to belong to

Lothair, Emperor and head of the Frankish monarchy, to whom his brothers

would have to repair year by year to come to an understanding with him

and receive his instructions. The last-named kingdom, the most

considerable of the three, remained under the direct government of Louis

the Debonair, and at the same time of his son Lothair, sharing the title

of emperor. The two other sons, Pépin and Louis, entered,

notwithstanding their childhood, upon immediate possession, the one of

Aquitaine and the other of Bavaria, under the superior authority of

their father and their brother, the joint emperors.

Charlemagne had vigorously maintained the unity of the empire, for all

that he had delegated to two of his sons, Pépin and Louis, the

government of Italy and Aquitaine with the title of king. Louis the

Debonair, while regulating beforehand the division of his dominion,

likewise desired, as he said, to maintain the unity of the empire. But

he forgot that he was no Charlemagne.

It was not long before numerous mournful experiences showed to what

extent the unity of the empire required personal superiority in the

emperor, and how rapid would be the decay of the fabric when there

remained nothing but the title of the founder.

In 816 Pope Stephen IV came to France to consecrate Louis the Debonair

emperor. Many a time already the popes had rendered the Frankish kings

this service and honor. The Franks had been proud to see their King,

Charlemagne, protecting Adrian I against the Lombards; then crowned

emperor at Rome by Leo III, and then having his two sons, Pépin and

Louis, crowned at Rome, by the same Pope, kings respectively of Italy

and of Aquitaine. On these different occasions Charlemagne, while

testifying the most profound respect for the Pope, had, in his relations

with him, always taken care to preserve, together with his political

greatness, all his personal dignity. But when, in 816, the Franks saw

Louis the Pious not only go out of Rheims to meet Stephen IV, but

prostrate himself, from head to foot, and rise only when the Pope held

out a hand to him, the spectators felt saddened and humiliated at the

sight of their Emperor in the posture of a penitent monk.

Several insurrections burst out in the empire; the first among the

Basques of Aquitaine; the next in Italy, where Bernard, son of Pépin,

having, after his father's death, become king in 812, with the consent

of his grandfather Charlemagne, could not quietly see his kingdom pass

into the hands of his cousin Lothair at the orders of his uncle Louis.

These two attempts were easily repressed, but the third was more

serious. It took place in Brittany among those populations of Armorica

who were still buried in their woods, and were excessively jealous of

their independence. In 818 they took for king one of their principal

chieftains, named Morvan; and, not confining themselves to a refusal of

all tribute to the King of the Franks, they renewed their ravages upon

the Frankish territories bordering on their frontier. Louis was at that

time holding a general assembly of his dominions at Aix-la-Chapelle; and

Count Lantbert, commandant of the marches of Brittany, came and reported

to him what was going on. A Frankish monk, named Ditcar, happened to be

at the assembly: he was a man of piety and sense, a friend of peace,

and, moreover, with some knowledge of the Breton king Morvan, as his

monastery had property in the neighborhood. Him the Emperor commissioned

to convey to the King his grievances and his demands. After some days'

journey the monk passed the frontier and arrived at a vast space

enclosed on one side by a noble river, and on all the others by forests

and swamps, hedges and ditches. In the middle of this space was a large

dwelling, which was Morvan's. Ditcar found it full of warriors, the King

having, no doubt, some expedition on hand. The monk announced himself as

a messenger from the Emperor of the Franks. The style of announcement

caused some confusion at first, to the Briton, who, however, hastened to

conceal his emotion under an air of good-will and joyousness, to impose

upon his comrades. The latter were got rid of; and the King remained

alone with the monk, who explained the object of his mission. He

descanted upon the power of the emperor Louis, recounted his complaints,

and warned the Briton, kindly and in a private capacity, of the danger

of his situation, a danger so much the greater in that he and his people

would meet with the less consideration, seeing that they kept up the

religion of their pagan forefathers. Morvan gave attentive ear to this

sermon, with his eyes fixed on the ground, and his foot tapping it from

time to time. Ditcar thought he had succeeded; but an incident

supervened. It was the hour when Morvan's wife was accustomed to come

and look for him ere they retired to the nuptial couch. She appeared,

eager to know who the stranger was, what he had come for, what he had

said, what answer he had received. She preluded her questions with

oglings and caresses; she kissed the knees, the hands, the beard, and

the face of the King, testifying her desire to be alone with him. "O

King and glory of the mighty Britons, dear spouse of mine! what tidings

bringeth this stranger? Is it peace, or is it war?"

"This stranger," answered Morvan, with a smile, "is an envoy of the

Franks; but bring he peace or bring he war is the affair of men alone;

as for thee, content thee with thy woman's duties." Thereupon Ditcar,

perceiving that he was countered, said to Morvan: "Sir King, 'tis time

that I return; tell me what answer I am to take back to my sovereign."

"Leave me this night to take thought thereon," replied the Breton chief,

with a wavering air. When the morning came, Ditcar presented himself

once more to Morvan, whom he found up, but still half drunk and full of

very different sentiments from those of the night before. It required

some effort, stupefied and tottering as he was with the effects of wine

and the pleasures of the night, to say to Ditcar: "Go back to thy King,

and tell him from me that my land was never his, and that I owe him

naught of tribute or submission. Let him reign over the Franks; as for

me, I reign over the Britons. If he will bring war on me, he will find

me ready to pay him back."

The monk returned to Louis the Debonair and rendered account of his

mission. War was resolved upon, and the Emperor collected his

troops--Alemannians, Saxons, Thuringians, Burgundians, and Aquitanians,

without counting Franks or Gallo-Romans. They began their march, moving

upon Vannes; Louis was at their head, and the Empress accompanied him,

but he left her, already ill and fatigued, at Angers. The Franks entered

the country of the Britons, searched the woods and morasses, found no

armed men in the open country, but encountered them in scattered and

scanty companies, at the entrance of all the defiles, on the heights

commanding pathways, and wherever men could hide themselves and await

the moment for appearing unexpectedly. The Franks heard them, from amid

the heather and the brushwood, uttering shrill cries, to give warning

one to another or to alarm the enemy. The Franks advanced cautiously,

and at last arrived at the entrance of the thick wood which surrounded

Morvan's abode. He had not yet set out with the pick of the warriors he

had about him; but, at the approach of the Franks, he summoned his wife

and his domestics, and said to them: "Defend ye well this house and

these woods; as for me, I am going to march forward to collect my

people; after which to return, but not without booty and spoils." He put

on his armor, took a javelin in each hand, and mounted his horse. "Thou

seest," said he to his wife, "these javelins I brandish: I will bring

them back to thee this very day dyed with the blood of Franks.

Farewell." Setting out he pierced, followed by his men, through the

thickness of the forest, and advanced to meet the Franks.

The Great Events by Famous Historians, Volume 05 (From Charlemagne to Frederick Barbarossa) · 第 3 / 36 段