Before we enter into an examination of the provisions themselves, thus classified under these different heads, let us consider their numeral aspect: the mere comparison of figures will develop important facts.

Between the reign of Charlemagne and that of Louis le Debonnaire, if we merely look to the number of articles in moral, political, penal, religious, &c., legislations, we shall notice very little difference; the various classes of capitulalaries are, as to mere figures, in very nearly the same respective proportions. The occasional legislation is somewhat fuller in the latter reign, but not sufficiently so to arrest our attention. We must penetrate quite into the interior of the legislation to discover that it has become changed in its character, that it is no longer the work of the same government in the latter as in the former case.

We perceive a further distinction under Charles le Chauve: here the numerical proportion of the various classes of legislation is changed. Under the heads of moral, penal, civil, religious, canonical, and domestic legislation, we find very few articles, while, on the other hand, the list of political and occasional measures is much fuller; a certain indication of a great change in the state of society and of power. To what interests does moral, penal, civil, religious legislation address itself. To interests which affect society far more nearly than they do power; important, doubtless, for power itself, but of an importance which has nothing direct or selfish about it, which has relation to the public functions of government, and not to distinct and personal existence. Political and occasional legislation, on the contrary, affects power in its personality; it is power which such measures serve or impede; it is power, more especially, and often power alone which they contemplate in their effects. Accordingly, whenever, in whatever epoch, or under whatever form, you see political and occasional laws multiply, be assured that the government is in danger, that it has enemies against whom it is defending itself, that it is not simply and solely occupied in fulfilling its public character, that it is not principally intent upon social interests, but that it is its personal interests which guide and rule its action. In the course of the Revolution of England, and of our own, in all similar crises, what classes of legislation fill the statute books? Political and occasional laws.

The name and character of law is given formally to all the measures of government; but, in point of fact, they are merely acts of government, acts framed in the view above all to the interest of power, and for its service, rather than for the public service. This fact manifests itself clearly in a simple numerical comparison of the different classes of capitularies under Charlemagne and under Charles le Chauve. Under Charlemagne, occasional legislation is very limited; it is evidently a tranquil government, having full confidence in itself, occupied solely with the idea of accomplishing its task and conducting the affairs of the society. Under Charles le Chauve, it is to political and occasional measures that legisla tion applies itself; this, assuredly, is a tottering government, desperately endeavouring to regain the force and order which are abandoning it. Weakness and disorganization in the central power are manifested in the very fact.

How stands the matter under the successors of Charles le Chauve? What do the figures tell us here?

Political and occasional legislation still predominate in the capitularies, but even that is more and more limited; even the legislative measures in which power is personally interested, become fewer and fewer. It is clear that, not only as under Charles le Chauve, the central government is in peril, but that it is disappearing altogether; before, it defended itself; now, it makes no attempt to do so; it abandons itself, it takes no heed to itself; it has, indeed, no self to take heed to, for it is non-existent.

Thus, without any examination of the contents of the capitularies, by a simple comparison of the figures which indicate the various classes of laws, we identify the same progress, we are present at the same spectacle that has been exhibited to us by the history of events. Legislation is stamped with the impress of the revolutions which the country underwent. The government of Charlemagne, like his Empire, is dismembered and dissolved.

Let us examine the interior of this legislation, the contents of the capitularies: we shall arrive at precisely the same results.

This examination is susceptible of great extension, and might be made the topic of a vast number of curious observations; but I am compelled to limit myself to general facts. Of these, the most important are as follow.

1. In describing to you the capitularies of Charlemagne, I pointed out their extreme diversity; they are not, as you will remember, merely laws, but comprise acts of every kind; ancient laws re-enacted, fragments of ancient laws, applied specially to particular portions of the empire; additions to the ancient laws; new laws of the emperor, decreed sometimes with the concurrence of the laity and ecclesiastics together; sometimes with that of the ecclesiastics alone, sometimes, again, of the emperor in person, independently of any assembly at all; instructions given to the missi dominici; questions addressed to the missi; answers by the emperor to questions from the missi; notes made by the emperor for his own use; memoranda of questions that he proposed to put, in the next general assembly, to such and such persons, bishops, counts, &c. In a word, the prodigious variety of the acts comprehended under the general title of capitularies was one of the facts upon which I particularly dwelt.

But, however great their variety, it was always from Charlemagne himself that these acts emanated; he was on all occasions the author and centre of the legislation. Whether old or new laws were in question, whether instructions or private memoranda, whether questions or answers, his presence and his power were everywhere felt; he was everywhere active and sovereign.

Under Charles le Chauve, the case was altogether different. The diversity of the acts comprised under the title of capitularies still subsisted, but a far different diversity had introduced itself: that of legislators. It is no longer the emperor alone who speaks and ordains; it is no longer from him alone that all things emanate. Among the capitularies which go under the name of Charles le Chauve, there are several acts with which he had nothing to do.1 1. Petitions from certain bishops to the king, requiring him, and that sometimes in a very imperious tone, to establish order, and to protect the church. 2. Counsels addressed by bishops to the king respecting the government of his states, and even as to that of the interior of his palace;2 3. Acts of bishops regulating the administration of their affairs in the different kingdoms among themselves, entirely without any reference to the king him

Cap. Car Calv. a. 845, 850; Baluze, ii. 7, 14.
VOL. II.

X

2 Ib. a. 808; ii., 101.

self.1 4. Acts of the pope, with respect to the affairs of the King and of the kingdom. Finally, treaties, conventions entered into between the king and his brothers, or his nephews, or his fideles. So that the sources of the acts constituting this collection are as various as the nature of the acts themselves. A most significant fact, which a glance at the title and first two or three lines of each capitulary fully enables us to recognise.

2. There is another no less deserving of attention. Not only does political legislation, under Charles le Chauve, occupy a larger space than under Charlemagne; it is wholly different in itself, has no longer the same object in view. The political laws of Charlemagne have almost always reference to truly public interests, to the business of general government, sometimes relating to the conduct of the imperial delegates, the dukes, counts, centeniers, missi dominici, scabini, &c.; sometimes to the holding of the assemblies, local or general, in which justice was administered. The relations of Charlemagne with his beneficiaries and with the church, make their appearances indeed, but more occasionally and more briefly. Under Charles le Chauve the case is reversed: provisions bearing upon administration, properly so called, upon the conduct of the royal officers, on the holding of assemblies, on really public business, are rare; the predominant feature, that, in fact, which constitutes the political legislation of this reign, is provisions having for their object the arrangements of the king with his beneficiaries, and with the church, that is to say, with the portion of the government, further removed from the public, nearer to the king himself, whether the other parties in these cases are ecclesiastics or laymen, it is always class or personal interests that we find in question; it is always some personal or class grievance for which redress is sought at the hands of the king, or some extension of privileges solicited. The representations made are more or less powerful, more or less legitimate, but it is no longer the body of the people that is in question, nor the government of the people; political legislation is no longer a public legislation; it has changed its character; its object is wholly private interests.

1. It has, at the same time, changed its tone. The legislation of Charlemagne is, in general, concise and imperious; it

Cap. Car. Carlo. a. 859; ii. 121

2 Ib. a. 877; ii. 251.

commands or prohibits summarily, without taking up the time in roundabout phrases and dissertations, and such is the proper method. Laws are not theses of philosophy nor specimens of eloquence; it is not their business to maintain doctrines nor to move the passions; to command, to forbid, is their purpose, and they always suffer when they deviate in any way from it. The legislation of Charlemagne, for the most part, went straightforward to this object. Such was by no means the case with the legislation of Charles le Chauve. However closely we examine that legislation, you can scarce detect either command or prohibition, amid the heaps of ratiocination, exhortation, advice, entreaty. The capitularies of Charles le Chauve are not regular laws, but either sermons addressed to minds sought to be brought over to particular views, or negotiations with men whose obedience was only to be hoped for by a certain degree of obedience in return.

This leads us to the greatest legislative change which is seen between these two epochs, to the really new character of the legislation of Charles le Chauve, and of his successors, the character in which the approach of the feudal system is clearly shown.

I have just said that in the capitularies of the last Carlovingians, we find many acts which do not emanate from the king only, from the central legislative power, and especially many treaties; between Charles le Chauve, for example, and his brothers, his nephews, or other princes, in possession of some portion of the territory of the empire of Charlemagne. Out of the fifty-one capitularies of Charles le Chauve, there are nine treaties of this kind. But this is not all; almost the entire legislation at this epoch is a series of negotiations between separate and independent powers. Under Charlemagne, however various they may have been, whether they were addressed to the agents of power or to its subjects, all the acts bore the character of a superior who commands inferiors. Social and political unity was strongly marked on it. Under Charles le Chauve, the unity disappeared; it is evidently no longer a general power which commands; it is a special power which treats with other powers, a government which defends its territory and rights against other governments. Out of the 529 articles which the capitularies of Charles le Chauve