NATIONAL ASSEMBLIES OF THE FRANKS.

163

LECTURE XX.

National assemblies of the Franks; their primitive character, and rapid decline under the Merovingians.-They regain importance under the Carlovingians; and are held regularly under Charlemagne.— Letter of Archbishop Hincmar De ordine Palatii.

NATIONAL assemblies were held among the Franks long previously to their settlement in the Roman empire, and to the establishment of monarchy amongst them. In these assemblies were discussed, in Germany, all the affairs of the confederation, tribe, or band. All the free men, that is to say, all the warriors, were present; but the authority of these assemblies, like the authority of the kings, was uncertain and precarious. They were formed, not in virtue of the principle of the sovereignty of the people, but in virtue of the right of every free man to have the sole disposal of himself. They were convoked especially to determine on military expeditions. Beyond this, every man acted independently, and was answerable for his conduct to none but the local authorities. The Champ de Mars, or autumnal assembly, of which we find traces at the beginning of the monarchy, was habitually held for the purpose of dividing the booty which had been gained.

The dispersion of the free men, the increasing inequality of social conditions, and the subordination of the comrades to their chief, soon caused the national assemblies of the Franks to lose their character of universality. They ceased to be attended by any but the large landowners, the Leudes, and the superior clergy. In this state, they appear to have existed under most of the Merovingian kings. Mention is sometimes made of the people in general; but evidently the great majority of the free men neither could, nor did attend these assemblies. Those who possessed power and wealth were almost the only persons who attended; and they regulated the business brought under their notice solely with a view to their own interest. The increasing disorder, and continual dislocations of the kingdom, rendered these assem

164

LETTER OF ARCHBISHOP HINCMAR.

blies less frequent. They reappear, however, at the establishment of the authority of the Mayors of the Palace. As leaders of the aristocracy of the great independent landowners, they had need of their support. The substitution of a new family of kings, instead of the ancient race, was favourable to the importance of the assemblies. They became, under the first Carlovingians, what they had been under the first Merovingians, a great council of government, in which all great affairs were discussed. Pepin transferred the Champs de Mars to the month of May; and Charlemagne held these assemblies with a regularity heretofore unknown. In order to form a correct idea of what they were under his reign, you must read the text, and the entire text, of the letter written in 882, sixty-eight years. after the death of Charlemagne, by the celebrated Hincmar, archbishop of Rheims, in compliance with the request of some of the nobles of the kingdom who had asked his advice with regard to the government of Carloman, one of the sons of Louis the Stammerer. In this letter, Hincmar, as he himself informs us, does nothing but copy a treatise On the Order of the Palace, De ordine Palatii, written before 826 by the celebrated Adalhard, abbot of Corbia, and one of the principal advisers of Charlemagne. It is, therefore, a contemporary document, and its authority is great.

The

"It was the usage at that time," says Hincmar, "to hold in each year two assemblies, (placita,) and no more. first took place in the spring; at it were regulated the general affairs of the whole kingdom; no occurrence, unless it were an imperious and universal necessity, could alter what had been decreed thereat. In this assembly, met together all the great men (majores), both lay and ecclesiastic; the more influential (seniores), to discuss business and agree on decisions; the less influential (minores), to receive these decisions, and sometimes also to deliberate upon them and confirm them, not by a formal consent, but by the exercise of their opinion and the assent of their understanding.

"The other assembly, in which the general gifts of the realm were received, was composed only of the more influential members (seniores) of the first assembly, and of the principal councillors. Here the affairs of the following

THE COUNCILS OF STATE.

165

year were treated of, if there were any which it was necessary to deliberate upon beforehand; as also those which might have occurred during the course of the year which was about to expire, and which required provisional attention without delay. For example, if, in any part of the kingdom, the governors of the frontiers (marchisi) had concluded a truce for any time, the course to be pursued on the expiration of these truces was discussed, and it was determined whether they should be renewed or not. If, in any other quarter of the kingdom, war seemed imminent, or peace appeared likely to be established, it was examined whether the exigencies of the moment required, in the first case, that incursions should be commenced or endured, and, in the second, how tranquillity might be insured. These lords thus deliberated long beforehand on what the affairs of the future might require; and when suitable measures had been agreed upon, they were kept so secret, that before the next general assembly they were no more known than if no one had paid any attention to the matter, and no decision had been arrived at regarding it. The object of this was, that if it were necessary to take, either within or without the kingdom, any measures which certain persons, when informed thereof, might wish to prevent, or frustrate, or render difficult, by any artifice, those persons might never have the power to do so.

"In the same assembly, if any measure were necessary either to satisfy absent nobles, or to calm or excite the spirit of the people, and such measure had not previously been taken, it was discussed and adopted by the consent of those present, and it was executed in concert with them by the orders of the king. The year being thus terminated, the assembly of the following year was arranged as I have said.

"With regard to the councillors, both lay and ecclesiastic, care was taken, as far as possible, to select such persons as, from their condition and duties, were filled with the fear of God, and animated, moreover, by unalterable fidelity, so as to consider nothing superior to the interests of the king and kingdom, except eternal life. Men were sought who could be turned aside from the path of duty neither by friends, nor enemies, nor relatives, nor gifts, nor flatteries, nor

166

THE OFFICERS OF THE PALACE.

reproaches; men were sought who were wise and skilful, not with that sophistical skill and worldly wisdom which are so opposed to God's will, but with a just and true wisdom that might enable them not only to repress, but also fully to confound the men who place all their reliance in the tricks and stratagems of human policy. The maxim of the councillors thus elected, and of the king himself, was, never to confide, without their mutual consent, to their domestics or any other person, what they might have said familiarly to one another, either upon the affairs of the kingdom, or about any particular individuals. It made no difference whether the secret ought to be kept for a day or two, or more, or for a year, or even for ever.

"It invariably happens that, if the conversation held in such meetings, with regard to any individual, either by way of precaution, or in reference to any other public interest, come afterwards to the knowledge of that individual, he cannot but feel great anxiety, or be driven to despair thereby, or, which is a much more serious matter, be stimulated to infidelity; and thus a man who might perhaps still have done service to the State, is rendered useless, which never would have happened if he had not known what was said about him. That which is true of one man may be true of two, of a hundred, or of a greater number, or of a whole family, or of an entire province, unless the greatest caution be observed.

"The apocrisiary, that is, the chaplain or keeper of the palace, and the chamberlain, were always present at these councils; they were therefore chosen with the greatest care; or else, after having been chosen, they were furnished with such instructions as should render them worthy of being present. As to the other officers of the palace (ministeriales), if there were any one who, first by gaining instruction, and afterwards by giving advice, proved himself capable of honourably occupying the place of one of these councillors, or fit to become one, he received orders to attend the meetings, giving the greatest attention to the matters discussed thereat, correcting his erroneous ideas, learning that of which he was ignorant, and retaining in his memory that which had been ordained and determined. The object of this was, that, if any unforeseen accident occurred, either

within or without the kingdom; if any unexpected news arrived, in reference to which previous provision had not been made (it rarely happened, however, that in such cases, profound deliberation was necessary, or that there was not time to convoke the councillors already mentioned); the object of this, I say, was that, under such circumstances, the officers of the palace, with the grace of God, and by their constant habit of both attending at the public councils and deliberating upon the domestic affairs of the realm, might be capable, as need was, either to advise what had best be done, or to point out how matters might be arranged without inconvenience, until the next meeting of the council. So much with regard to the principal officers of the palace.

"In reference to the inferior officers, properly called palatines, who had not to do with the general affairs of the kingdom, but only with those in which the persons specially connected with the palace were concerned, the sovereign regulated their duties with great care; in order that, not only might no evil arise therefrom, but also that if any disorder were manifested, it might at once be repressed and extirpated. If the affair were urgent, but might nevertheless without injustice or wrong to any person be deferred for decision until the meeting of the general assembly, the emperor expected the palatines to indicate the best means of delay, and to imitate the wisdom of their superiors in a manner pleasing to God and useful to the kingdom. As to the councillors whom I first mentioned, they were careful, when summoned to the palace, not to occupy themselves with private affairs, or with the disputes which might have arisen with regard to the possession of property or the application of the law, until they had arranged, with the help of God, everything that concerned the king and kingdom in general. This being done, if, in obedience to the orders of the king, there remained any affair which could not be settled either by the Count of the palace, or by the officer under whose cognizance it fell, without the assistance of the councillors, they procceded to investigate it.

At one or other of the two assemblies, and in order that they might not appear to be convoked without reason, there were submitted to the examination and deliberation of the great personages whom I have mentioned, as well as of the