Rnnk X .\A / A SHORT HISTORY 9'-:L OF THC FRENCH PEOPLE. TRANSLATED FROM THE FRENCH PAUL LACOMBE ^ r" No :::. BOSTOJ^ : HENRY A. YOUNG AND COMPANY. 1878. 7/ copyright: henry a. young and company, A SHORT HISTORY • OF THE FRENCH PEOPLE. I. WE all know that France was originally called Gaul, and its first inhabitants, our ances- tors, were called Gauls. I will explain how they came to be called French. The blood which flows in our veins is not pure Gallic blood ; for our ancestors were twice con- quered, — first, by the Romans ; afterwards, by the Germans. Both nations established themselves by force in our country, married here, and had children, so that the descendents of conquerors and conquered were united, forming one people ; hence we come from three sources, — the Gauls, Romans, and Ger- mans. Next to the Gauls, those to whom we owe most are the Romans, who settled here in even greater numbers than the Germans, and ruled for more than 600 years ; the government, which had its seat in 8 A SHORT HISTORY Rome, really or nominally governing this country. Further, the Romans were more civilized than the Gauls, and brought in education : they cut the first roads through the forests, which almost covered the land ; they taught the natives how to develop cop- per and silver mines, and to grow vines and wheat ; in fact, they Introduced agriculture. . Before the Roman conquest, the Gauls built their huts only of wood and earth ; the Romans first built houses and public buildings, of which we still have remains. The Romans, in a word, were our supe- riors, as we now are the superiors of the Arabs of Algeria : one of the best proofs of this is, that we gave up our language for theirs. Many people do not know what language the French is : it is not Gallic ; indeed, has little in common with that tongue ; it is Roman, or, rather, Latin, but changed, degenerate Latin. It was nat- ural that the Gallic peasant, trying to speak Latin, should thus change it. If, from any cause, we Frenchmen were forced to speak English, the edu- cated classes might speak it in its purity ; but the mass of the people would treat it after their own fashion, that is, maltreat it. So with Latin. While the Roman government maintained peace and order in our country, there were educated classes who alone did all the business, both in writing and OF THE FRENCH PEOPLE. 9 speaking, and did it in Latin : the common people did not appear ; but there came a long period of troubles, wars, and disorders, when there was neither time nor wish for education To defend his life and earn his daily bread was the only thought of man. There were no upper classes : as regarded educa- tion, every one became of the people, and spoke barbarian Latin, and the French tongue was born. The people, all speaking bad Latin, could under- stand one another because they fell into the same errors ; for this is a well-authenticated fact For- eigners belonging to one country, — English for example, who speak bad French, — always make the same blunders. It was so with the Gauls ; and, when every one had become used to certain regular mistakes in their Latin, and invariably made them, as" it were, correctly, the French tongue had taken shape. This is soon understood, though it seems strange at first. The Romans had robbed us of our language ; the Germans took away our name of Gauls. These German invaders were divided into several tribes, of whom the Franks settled in the north of Gaul, the Burgundians in the east, and the Visigoths in the south. The kings of the Frankish tribes de- feated the kings of the two other tribes, and ruled alike over conquerors and conquered throughout lO A SHORT HISTORY Gaul, which thus became the kiugdom of the Franks ; and from that came later the words France and French. Having now traced back our source, our lan- guage, and our name, we will return to our origi- nal ancestors, the Gauls. II. The Gauls did not form one solid and compact nation, but were simply an agglomeration of clans. True, there was no clan living entirely isolated, and without alliance with others, no clan which did not belong to a confederation ; but the clan was always the important unit. It had an elective chief, chosen by all the freemen, who, with the prin- cipal heads of families, formed, when necessary, a sort of tribunal for civil and criminal cases. Above this jurisdiction was that of the Druids, the priests of that day, who received the final. appeal. There was no lack of judges among the Gauls, but a very decided lack of a well-organized public force to see that the judgments were carried out. They did not understand the meaning of The State. It is needless to say that there was neither police OF THE FRENCH PEOPLE. II nor any semblance of it, so that sentences were executed with more or less rigor in proportion to the force brought by private individuals to the aid of law. If each district of the present day were a little republic, where the rich citizens formed a court and gave decisions to be carried out by the people, would not the rich and powerful members of the community, supported by friends and relatives, defy the ' authority of the court ? Further, the republic being small and the frontier close at hand, any one with cause for alarm could flee the state, and escape punishment. Crime, sel- dom repressed, and encouraged by impunity, would become common. This was precisely the condition of the Gauls, with the added fact, that they were much more violent and barbarous than ourselves. Next to security, we must consider how the needs of ordinary life were met ; how people were fed, clothed, and lodged, — which leads us to the division of property. Man originally lived b}^ hunting and fishing : that is the first state of humanity, and a most precarious one. The man, whose dinner depends upon his gun and net, ex- periences strange fluctuations, — with more food than he can use 'to-day, and to morrow a fast. So, made ingenious by hunger, he conceives the 12 A SHORT HISTORY idea of taming and domesticating certain animals, that he may have a dinner always at hand. He forms a herd, with which he slowly scours the country in search of pastures. This is pastoral life, the second state of humanity. Now for the rights of property in these two conditions. • In the first, he owned his arms and weapons for hunting and fishing, and to these were added, in the pastoral state, his herd and dogs ; but the idea of property had not extended to laud The words mine and thine were first applied to the soil when two clans met, and disputed the possession of a district. The result was, first, a fight, then a treaty. " You shall take the land, on that side the river; we, on this side." Here was the first idea of territorial property ; but it was as yet common and undivided ; for wdiat was the use of dividing it among the members of a clan, when it was much more convenient and safe for the herds to graze together ? They could thus be better defended against wild beasts; for a party of herdsmen could keep both themselves and flocks in far greater safety than one solitary shepherd alone with his little band. But the herds proved insufficient to save man from famine, and a new effort of industry was called for. They found, that, by burning the heath or woods. • OF THE FRENCH PEOPLE. I3 and sowing certain herbs known as eatable, the good seed alone grew in quantities, choking the weeds ; and a new resource was discovered. Each man, having burned a little plot around his hut, sowed some seed there ; and this place became the property of the sower until after the harvest ; for he who sows, has clearly a right to reap. But, as soon as the harvest was over, the field fell back into the common lot. Besides, the second year this land was barren, and a new place had to be burned ; and so it went on until the neighborhood was exhausted, and another district had to be sought, or some way of fertilizing the soil discovered. Attention being turned in this direction, the result was the discovery of the first principles of agriculture, — clearing and dressing. Man now put labor "upon his land, and obtained not only immediate fruit, but future promise. Then how unjust that the clan should resume pos- scKsion of land which henceforth contained some- thing of his very self! This new idea arose, and, acting gradually upon the conscience, at length • destroyed, • as unfair, the communal right to culti- vated fields. For a long time, however, the clan was con- sidered the only actual possessor of land ; and its council apportioned to each head of a family the 14 A SHORT HISTORY bit of territory, to which, according to the num- ber of his children, he had a right ; but, by slow degrees, the idea of private property became the ruling one. Originally, the estates had reverted annually to the community for redivision ; this time extended to three years, then to five, and ten, until a period came when the division was only among the members of the family, as each generation grew up ; and the family patrimony was henceforth set free from all communal claims. Property must necessarily pass through this in- termediate stage ; having been communal, it must belong to a family, before becoming personal. Of course, during this period, the family chieftain could not dispose of his land by will, since ho was not really the land-owner ; the right to bequeath can exist only with personal property. We must un- derstand, that the change we have mentioned af- fected only cultivated lands ; heaths and forests remained common property, for it did not occur to the people to apply to those the new principles, which had their foundation in agriculture. This state of things long continued among us; indeed, in some cases, down to the present day. When history first reveals to us something of these Gallic ancestors of ours, all these conditions of property existed side by side ; sometimes in OF THE FRENCH PEOPLE. I5 neigboriDg tribes, sometimes in the same tribe, agriculture being still- very weak, and the pas- toral system predominating, and supplying most of the food. Now let us look at Gaul as she was then : al- most entirely wooded ; mountain and hillside cov- ered with a thick growth of oaks and beeches ; the highlands natural prairies; around villages and cities alone, a few little fields of barley and oats; along the river edge some plots of flax and hemp : villages and cities, which were only larger vil- lages, scattered afar through these immense for- ests : houses, or rather huts, all alike, made of wood, with earth in the interstices, and covered with boughs and reeds, and, a little later, with straw, that is, thatch ; within, no furniture but mats or pieces of cloth for beds, and some earthen or wooden jars ; possibly, but by no means surel}^ a table and benches. The dwellers in this hovel lived chiefly upon the flesh of their herds, especially the half savage swine, which burrowed in the adjacent woods, and had to be shot with arrows. They had already learned to salt this meat ; and, when even that gave out, as often happened, they filled its place with bar- ley or rye broth. They drank a concoction of rye ; bread was unknown l6 A SHORT HISTOKY III. Neither the master of the house, nor any of his male children or relatives worked in the fields : the labor of agriculture was beneath a freeman ; his time was spent in war and hunting, or, when at home, in sleeping or dreaming the day through upon a rug, as is still the custom with some American Indians The women cultivated the soil during the slumber of their lords and mas- ters, while the coloni and slaves watched the cat- tle, and performed the more menial tasks of bring- ing wood and water. Hardly have we entered upon history, and al- ready'- we find slaves. It is easy to explain how they have fallen into this condition ; war created this class ; the slave was a man who had been wounded or disarmed in battle, and vp'hom his con- queror might have killed, after the barbarous fash- ion of the day, but whom he preferred to spare for his own purposes. It is noteworthy, that, to the scourge of war, humanity owes the wound of slavery. Slaves became numerous, for war was frequent. Tribes would fight for a pasture, a wood, a spring, a herd of swine, sometimes for QF THE FRENCH PEOPLE. I7 the simple love of fightinp:, since military courage was ever held in high repute. But besides slaves we find coloni whose condition when Caesar en- tered Gaul did not greatly differ from that of slaves ; and it is not easy to explain the existence of this numerous class. They owned no land, but worked for others in re- turn for part of the products, and were in fact a sort of farmer, but not free like farmers of the present day. According to Csesar, they were bound to an estate or master, and not allowed to leave them ; and the master had probably a right to inflict upon them corporal punishment, as upon his slaves. The question is how it happened, that, in a so- ciety where was so little landed property, where this property had until very lately been divided periodically among families, and where money was so scarce, — how it happened, we say, that men were forced to toil for others, upon the harshest terms, and that already the inequalities of rank were so striking. We may conjecture many causes which might have produced this result, but it can be only conjecture ; at the same time, it may be well to mention some of them. At a certain moment, in certain tribes, the dis- tribution of land ceased, and the size of estates be- coming thus unchangeable, it necessarily resulted 2 l8 A SHORT HISTORY that families, in which there were many children be- came much poorer than those in which there were very few children : here is one cause. At this time, poverty was the sure forerunner of servitude ; for there was little money, and not enough produce to support all, and a poor man could borrow neither gold nor provisions, except upon the most burdensome terms. His only pledge was his liberty, his person, and he thus became the slave oi serf of his creditor. Caesar says positively, that many slaves and coloni were insolvent debtors ; and this has been a common custom among nations in the early days of society. The Roman people, for instance, were long subject to the patricians through the bond of loans. It is astonishing that the borrowers, being far more numerous than the lenders, had the honesty, or cowardice, to fulfil the severe conditions to which they had agreed : there was no public force to make them keep the terms of their contract, and the only reason why the poor Gauls did not rebel against the rich, as so often happened in Rome, was that the latter were brave and fierce as well as rich ; for, to gain or keep wealth in those days, this character was necessary. These men were feared, and, besides, thanks to their money, were able to employ soldiers and assassins to increase the num- OF THE FRENCH PEOPLE. I9 ber of their clients, and hold them under control. I think we are too ready to believe that, among barbarous nations, the Gauls especially, every man was a bravo, a ferocious warrior, whereas it was evidently then, as it is now, as it is always, that some men were timid and peaceful, fearing war and quarrels. They devoted themselves to agriculture and trade, and, to gain protectors, made themselves coloni or slaves ; they constituted the people : the others, violent, turbulent, and ener- getic, gradually formed an upper class, which scorned every thing but war. These were the nobles. The existence of this class is not an hy- pothesis ; for, in the time of Caesar, there were no- bles, princes, and even kings, in certain Gallic tribes. The princes, doubtless, owed their eleva- tion to that eager and grasping disposition which, at that epoch, was the chief cause of all ad- vancement Perhaps war created some of these kings ; for, as soon as it was declared, a chief must be chosen, and, though elected for only one expedition, he might abuse the power gained, it may be, through the fame of a victory, to make his honors permanent. Other principalities had a different source. The clan, as we have said, was merely a family, greatly multiplied by time ; and, in many tribes, that branch, descending most di- 20 A SHORT HISTORY rectly from the original ancestors, occupied a priv- ileged place, and enjoyed a kind of acknowledged supreniacy. This supremacy, in the hands of a bold and clever warrior, would grow into actual" control over men and their domains. We know the qualities that are honored among us of the present, that distinguish a man and raise him above his fellows, — wealth, courage, blood, rank, eloquence, address, magnificence ; even so were they honored in those days, and destroyed equality, destroying it indeed far more utterly than with us, since it is the nature of coarse, untutored men to push every advantage to excess. It seems highly probable, and, if proved, would explain both the overwhelming power of the warriors, and the ex- treme misery of the lower classes, that the war- riors claimed the untitled lands, those pastures, fields, and forests, which formed much the larger part of the territory of each tribe. They gov- erned the tribe, and pretended to act for it, and, no doubt, under pretext of regulating the public good, did they take possession. So the progress of agriculture was arrested, the further cultivation of these usurped lands being impossible, since the nobles raised immense droves of cattle, and kept ciowds of herdsmen, whilst the ever multiplying plebeian families could win no support from their OF THE FRENCH PEOPLE. 21 limited fields which never increased beyond the original size. Vain were their entreaties for land ; they were reduced to accepting their daily bread from the usurping lords, who sold it to them at the price of their liberty. IV When Gaul was conquered by Julius Caesar, Rome, as we know, was the capital of a large aristocratic republic ; this form of government lasted but a short time, for Julius Caesar employed the vanquished to enslave the victors, and made himself emperor in fact, though he never bore the title ; his nephew and adopted son, Augustus, had both place and name. Gaul, henceforth a province of the Roman Em- pire, was ruled by an absolute prince. The fatal principles, inherent in this kind of government, were not immediately felt in Gaul ; on the con- trary, the country seemed to gain by it ; there was more rule, order, and security for all classes. An absolute prince docs not like his subjects to fight among themselves, since, in so doing, they destroy property, upon which he meant to levy a 22 A SHORT HISTORY tax, Gaul rested from those continual wars of tribes against tribes, and confederations against confederations. Roman peace descended upon the people, and gave the Romans an opportunity to accomplish their duties as teachers. The Gauls, under this training, learned many arts previously unknown to them, and in some surpassed their masters. For instance, they wrought metals bet- ter in Gaul than in any other Roman province ; they made brass of the first quality, and invented the art of tinning copper, of gilding and silver- ing iron. Roads were cut, cities built, temples, theatres, and schools erected. They had luxury, education, eloquence, arts, — in a word, brilliant civilization. The few Roman structures remaining on our soil are tokens of an architecture at once solid, fin- ished, and chaste ; and the specimens, which have come down of the industry of that day, are stamped with the seal of elegant simplicity. Unfortunately, this civilization brought happiness onl}^ to the few ; the masses, in both town and country, were equally wretched. The primary cause of this universal misery was the unjust division of property, the Roman con- quest bringing no change in this respect. The Gallic princes and nobles were left in possession OF THE FRENCH PEOPLE. 23 of their dignities and weulth, and deprived only of the government of the tribes, that being hence- forth ill. the hands of Roman functionaries. Italy, and other countries already Roman, had experienced the same vicissitudes that we have seen in Gaul, — a small number of aristocratic families having usurped the greater part of the land, which they shared only with a few financiers who had made fortunes by fraud in the collection of public taxes. It was a fixed system with these large land-owners to oppose the cultivation of ce- rials, except in some very fertile spots like Sicily, and let their immense domains lie fallow. There were many advantages in this. It was much less trouble to oversee herdsmen, and require from them an account of their cattle, than to direct the very complicated details of agriculture. Then, agriculture demanded more hands, co/ont must be employed, and the products of the soil shared with theni, whereas cattle could be raised with the aid of a few slaves who needed little food and had no part in the profits. This system and these im- mense estates — lalifundia, as they were called, — were the cause of the many deaths from starvation in the cities. Theie was no industry ; the ^qv7 in- dispensible trades were practised by slaves, com- missioned by their masters Elsewhere, all well- 24 A SHORT HISTORY to-do mansions employed their own slaves to pro- vide whatever was needed, — shoes, stockings, clothing, &c. The poorer citizens, with no means of support save agriculture, incessantly Legged for land, which the nobles refused to yield, preferring to play the part of almoners to impovished neigh- bors, and feed them from day to day, or lend them money, since thus they were kept under control. This condition of Eoraan society found a corre- spondence in Gallic society ; and there was no difficulty in communicating this system of latifun- dia- to soil prepared to receive it. The two centuries following the conquest must have been hard indeed to the agricultural classes, crowded together by this system upon a portion of land too small to support them. We do not know all their sufferings, but we may imagine them. In the third century of the Christian era, a rev- olution took place, a revolution so obscure that we rather divine than perceive it. At that mo- ment, it seems that the system of latifandia was abandoned, to be followed by the cultivation of small estates. This change may have been caused by a dearth of slaves. So long as Rome made con- quests, there had been no lack of them It is true, that, crushed by toil, they were shortlived, OF THE FRENCp PEOPLE. 25 and left few children to inheri-t their burdens ; but another conquest would supply the deficiency. When these conquests ceased, and the Koman Empire was, on the contrary, harassed by bar- barians, the position was reversed ; the barbarians recruited their slaves from among the conquered, and Roman land-owners were forced to abandon the system of slave labor, and have recourse to one more or less free. Then serfdom appeared, — or, to speak .more exactly, for it already existed, — serfdom made an immense advance. They called serfs,— or, rather, coloni, — at that time, men who tilled the estate of a land-owner at a fixed rent, which sometimes amounted to quarter or half the products. The coloni were, as we see, a sort of farmers, but perpetual farmers, since the master could not discharge them, nor could they quit the- domain. They were considered free ; but, we must understand, free as regarded the master, in the sense that they paid him only a fixed rent ; beyond this, they were the slaves of the estate to which they were attached, — serfs of the glebe, as they were called later, — and, should they run away, their masters could have them seized. Some historians think this servitude was decreed by the emperors to bind husbandmen to the soil ; but it is most unlikely. No govern- 26 . A SHORT HISTORY ment in the world has ever been so absolute as to decree a change in the radical condition of an immense people ; and, in the third century, serfs composed the majority of the rural populace. Ser- vitude of the glebe was, no doubt, originally one •of the terms of the contract made between the rich land-owner and the poor suppliant for land. This seems almost certain, when we remember that' the latter was probably a client or debtor, (obcera- tus) of the former, which, under Roman customs, was almost equivalent to being his slave ; for we know, that, in Rome, the creditor had a right to seize the debtor, and either imprison him or send him to some estate to work off his debt. These debtors probably furnished the first type of serfs. If land-owners later granted domains to men not their debtors, at a period, too, when the more rig- orous laws concerning debt had been abolished, it was done upon certain, established conditions. The old serfs, so to speak, had made the contract for the new ones, and sealed their fate. . It is also probable that many slaves were raised to the rank of coloni, their masters finding real advantage in thus inciting them to greater zeal in labor, since they, too, were become almost farmers. Furthermore, some emperors transplanted whole tribes of vanquished barbarians into imperial OF THE FRENCH PEOPLE. 27 territory, and put them upon vast, uncultivated districts, where armed troops kept guard over them. The masters of the world were already dis- turbed at the depopulation of the Empire, and be- gan to regard cultivation of the soil as the first and most pressing interest of the State. It was from the conquered, that they first drew material for a new class of slaves. This is more compre- hensible than that the 'system should have begun with freemen ; but, gradually, it extended to the latter ; and the time came, when whoever put spade to earth became serf of the soil in the name of public interest. The same principles of despotism reached beyond the husbandmen to all classes of subjects, as we shall presently see. The destruction of latifandia, and establishment of serfdom, would have had results of great mo- ment, had the change been made earlier ; but it came at a time when administrative regularity, order, and security had much diminished. Very many barbarians had been forced upon Gaul, as coloni, and became an active element of disorder. The abrupt changes of emperors, on account of military sedition, or conspiracies, were not events calculated to restore peace. The rich and power- ful oppressed the poor and weak more than ever; taxes were excessive, and most uneqaally distribu- ted. • . . 28 A SHORT HISTORY Uuder the Rom an s, there was a great variety of taxes : we will not enumerate them ; suffice it to say, that the chief burden fell upon the landed property. Landowners alone paid taxes to the government, which required nothing from coloni ; but no one can doubt that the landowners increased the rents in proportion to the demands made upon them by the treasury, in the same way that a land- lord does now. One example will show how excessive this tax was. Each city had a sort of municipal council, called the curia, and whoever owned twenty-five acres of land was forced to become a member. Under a moderate government, this would have been a coveted post ; under the Roman govern- ment, it was shunned. The curials administered the affairs of their city, and collected the taxes. When they failed to obtain the full sum demanded by the State, they were required to supply the de- ficit ; so the curials endured all the care and burden of property, to find themselves, at the end of the year, stripped of their income. They could barely exist, and, in any case, lived in the expectation of being ruined sooner or later. Many preferred to quit, once for all, their honors and wealth, and disappear to start afresh, — poor wretches, — unknown, in another province ; but the OF THE FRENCH PEOPLE. 29 State pursued them, and dragged them back, or, failing in this, confiscated tlieir goods. The Ro- man government gave the rich a disgust for wealth ; nothing stronger can be said against it. This readily suggests the condition of peasants, coloni, and laborers. This class had no direct intercourse with the im- perial treasury; but, as I said before, landowners, oppressed by government, in turn oppressed the coloni. The brightest prospect, often, to the latter, was,, that by constant labor, they might avoid starvation ; by no possibility, could they become rich, and, consequently, they worked so as to ob- tain simply enough for subsistence, as always happens, when the profits of toil are not for -the toiler. As the Roman government gave a disgust for wealth, so it also discouraged labor. The more energetic coloni did better ; they took flight, and settled in the extensive forests of Gaul, where they returned to primitive life, and supported themselves upon wild fruits, and the trophies of hunting. These deserters, who were called Bag- audes, occasionally robbed the members of the so- ciety, from which they had broken, and were sometimes strong enough to put cities to the sack. Bagaudie lasted throughout the Empire. The ranks of working-men being thus daily 30 A SHORT HISTORY thinned by desertion, the taxes weighed so much the more heavily upon those who remained. Pov- erty, as ever, led to a crowd of diseases ; people died young, rarely married, had as few children as possible, since they must be born to a life of suffering. Besides, after a family exceeded a cer- tain number, the children died for want of carfe. The population steadily diminished ; each genera- tion was more feeble, enervated, and languid, than. the preceding. When men can hope to gain from life nothing but bare existence in return for hard labor, they live like dying men. Such was the case now, and several times afterwards under the early kings of France. Y. At the end of the Empire, slaves having de- creased in number, the cities held a larger pro- portion of free artisans, though they were not very numerous. Generally, those belonging to one trade formed a corporation. No workman could exist by him- self; competition would have been ruinous. The system of freedom in labor was too powerful for. the poor, feeble industry of that period. OF THE FRENCH PEOPLE. 3 1 These trade-unions were authorized by govern- ment, and could' not bo formed without its per- mission. Artisans suffered from the same difficul- ties as husbandmen, so there existed' among them great uneasiness, and a constant tendency to leave their trade, and seek elsewhere different and hap- pier fortunes. This uneasiness, indeed, was universal ; all classes and iiidividuals were infected with it. It was like the longing of the sick man to leave the bed upon which he feels himself dying. But government allowed ilo change ; it needed soldiers and revenues more than ever ; it needed its levies of money and men to be made with ease and dis- patch. It did not possess an administration either as large or as well-regulated as those of modern days. Besides, the frugal conditions of the age, the lack of coined money, the small number of roads, the prevalence of forests, and the many deserts, singularly fettered ' the action of officials. Government sought a remedy in extreme measures, and applied to all classes the laws which ruled coloni. It bound artisans to their trade, curials to their chair, soldiers to their legions, even senators to their dignities. The son must succeed to the office of his father.- The world was made im- movable, by decree. • To this condition had the Em- pire fallen I 32 A SHORT HISTORY VI. France, as we know, is at the western corner of Europe ; while Spain, Italy, and Greece occu- py the southern part. At the period we have reached, Italy, Spain, • Greece, and France, all provinces of. the Roman Empire, were civilized ; but what are now Germany, Denmark, Sweden, and Russia, the whole vast centre of Europe, were barbarian. We have already alluded to the Germans, those barbarians who inhabited Germany, and were the nearest neighbors of the Gallo -Romans. These people, divided, as Gaul had been, into tribes and confederations, and in precisely the condition of the early Gauls, made constant wars among them- selves, even as the Gauls had done before the conquest, but were only too ready to turn their mania for fighting against their neighbors. All nations, whose support depends upon cattle, which was the case with the Germans, as it had been with the Gauls, feel sometimes the need of emigrating, in a body, from their own land to an- other, which seems to them more promising. This, with pastoral tribes, is both a natural taste, and a OF THE FRENCH PEOPLE. 33 measure of economy. Poverty forced these migra- tions upon the Germans. When a tribe became too large, the younger people had to form com- panies under some chief, and depart far from the settlement to free the tribe from a superfluity of mouths, which would soon have reduced it to starvation. The countries to which the Germans would nat^ urally give the preference in these emigrations were the provinces of the Roman Empire ; first, because their climate was warmer and pleasanter ; then, because they contained well-cultivated es.tates, or- chards, and vineyards : wine was there," always a strong temptation to savages ; gold, silver, valu- able furniture, fine arms, beautiful stuffs. The barbarians knew this well, and no doubt exagger- ated the splendors of the Roman cities. The Em- pire offered to the uncivilized world a booty al- ways exposed to view ; and these provinces, as we have said, were the most tempting, Gaul be- ing particularly so to . the Germans, since it was separated from them only by the Rhine. But the Romans hardly wished their visitation, and re^ pulsed the plunderers with all possible energy as soon as they appeared upon the frontier. The situation was not the less dangerous for the Roman provinces. Hosts of barbarians were 34 A SHORT HISTORY always at their gates, ready to force an 'entrance at the first relaxation of watchfulness. The Ro- mans, for their better defence, resolved to make the first attack, and went in search of the barba- rians to tame them by force, thinking that these fickle, restless tribes, once civilized, would settle down, and the danger of immigration be sup- pressed. The Koman legions succeeded in con- quering these people. Several times they trav- ersed Germany without meeting the least resist- ance ; but,' after a period of apparent annihilation, the Germans always recuperated, and, surprising the Roman troops, inflicted upon them a bloody defeat. The attempt to civilize Germany was a failure, and the Roman government tried a new expedient. It established on this side the Rhine, upon the frontiers menaced with invasion, a cer- tain number of these very barbarians, and gave them lands, foreseeing, that, once fairly settled upon their own estates, they would feel it for their interest to repel invasions, which must first pass by them. It was a wise policy. At the same time, an army of at least a hundred thou- sand men was, for years, kept in the rear of this rampart of colonized barbarians ; the Romans were 'not blind to their danger. This danger was still greater than they sus- OF THE FRENCH PEOPLE. 35 pected ; for, far behind Germany, even ' to the midst of Asia, were countless savage tribes in perpetual motion. In the fifth century, by a se- ries of events little known to us, an immense and warlike Asiatic tribe, the tribe of Huns, was pre- cipitated upon Europe, and drove before it the first German nations it met : these drove forward others, — it was one enormous pressing onward, and came just at the time when the Empire was everywhere weakening, — when discipline, valor, and military skill were ' at their lowest ebb. The barriers of the Empire cracked and broke on all sides. Sixty thousand' Burgundians took pos- session of the Jura, of the valley of the Saone, and of the Durance (A. D. 406 to 411), and of all the country -around Lyons; two or three hundred • thousand Visigoths seized the south, with Toulouse for their capital and royal residence (A. D. 412 to 450). After them came other bands belonging to divers peoples, less numerous but more savage ; they poured- into Gaul like a torrent. The Franks entered at the north, and spread to Soissons, then to- Paris (A. D. 481 to 500). The Burgundians and Visigoths, already converted to Christianity and slightly unbarbarized , took, as a rule, only two-thirds of the land and one-third of the slaves. The Franks seized whatever land they chose, after 36 A SHORT HISTORY indiscriminate pillage. We can imagine what this invasion must have been under the guidance of warriors, fierce, cruel, and unbridled in rapacity. When the Franks were titular masters of the north, the Visigoths of the south, and the Burgundians of the east, the wronged and plundered Gauls probably ' hoped for quiet at least ; if so, they were deceived. The Franks were converted to Catholicism ; and, henceforth sure of the support of the clergy throughout France, they resolved to wrest the whole of Gaul from the other barba- rians. We must understand the interest this conquest had for the Frankish soldiers and their leader, Clovis. In the first place, both chief and soldiers wished to conquer for the sake of pillage ; — thus far their purposes were the same ; — but the chieftain had, besides, motives of more refined policy. lie hoped to gain property which had belonged to the imperial treasures ; for the bar- barian kings were reported to have succeeded to imperial power. Here would be new lands to bestow. His soldiers, being already provided in this respect, he could distribute these new estates among new soldiers summoned from beyond the Ehine ; and he would thus win the allegiance of a larger number of vassals or leudes, which would OF THE FRENCH PEOPLE. 37 at once increase his power and the splendor of his command. Thus far reached the ambition of the barbarian king ; but we need not endow him with political projects, nor with a taste for power simply as power. Let me say a few words on the kind of empire these kings held over their soldiers : they were not real kings, they were only leaders, whom the soldiers obeyed in war from an instinct of disci- pline ; but in peace they received little homage. Whilst in German j'-, the warriors had been at lib- erty to choose, from among the chiefs or kings of different tribes, the one under whose command they would go in SLcarch of war or adventures. They were not required to serve the king of their own tribe ; they could desert him, if he were lack- ing in courage or boldness, to take service under a more acceptable leader. What they asked was a chief who would win for them victory, and booty, the fruit of victory. This spirit of independence, and these customs were long retained in Gaul. When the Franks entered Gaul, they were di- vided into two grand confederations, and into a certain number of tribes ; there were several kings, though how many is not exactly known. Among these, the soldiers could make choice of a leader. The chiefs, on their side, strove to keep each his own 38 A SHORT HISTORY soldiers, and to beguile others from neighboring kings. The way to win them, as we have said, was to make war, and gain booty and land for his soldiers, and also for himself, to distribute afterwards. This latter detail is especially to be noted, for it led to consequences of cardinal im- portance. Clovis, of whom I have just spoken and who was really the first king of France, excelled in collecting about him warriors from all the Frank- ish tribes. He made war upon the Visigoths and Burgundians to gratify his little army, and to in- crease it by an invitation to soldiers from beyond the Rhine to seek their fortunes under him. He conquered the Burgundians and destroyed the king- dom of the Visigoths, by these means adding to his power until he quite effaced the lesser Frank- ish kings, and, after, reducing them to a species of solitude, by the appropriation of their soldiers, he could with impunity have them assassinated or even treacherously slay them with his own hand. Thus he remained sole chief of Franks and Visi-. goths. Had he left only one heir, Gaul might have been spared the wars which desolated her provinces ; but he had several sons, among whom the country was divided; and once more arose a contest for the largest number of soldiers, to be OF THE FRENCH PEOPLE. 39 won by him who should be most active in wars, — wars against Burgundy, .which at last destroyed that kingdom, — wars against Aquitaine, — against Gascony, — against Brittany, which was almost independent, though under the nominal sovereignty of the Franks, — finally, wars among themselves. All these wars had, indeed, no motive but those we have seen — among the common soldiers, a wish for plunder and land ; among the chiefs, also a wish for plunder and lands, with the addi- tion of a certain political idea, which .consisted in keeping for themselves only a part of their gains, and distributing the rest to their soldiers. As the reader must see, I dwell , upon this last as a most important point. VII. . Nothing is more important to a nation, nor marks with greater precision the degree of civili- zation it has reached, than its forms of justice. For this cause alone, it would be interesting to know how justice was executed among the Ger- man barbarians ; but, besides this reason, their judiciary organization, or, rather, to speak more 40 A SHORT HISTORY exactly, the absence of any real organization has been the cause of very serious consequences to their descendants. .At the beginning of all society, when public power does not exist to punish crime, each man has to protect and avenge himself, that fear may prevent further attacks. In this state, the isolated man is very weak, and people feel the need of binding themselves together in families. When one member of a family is insulted, all unite to avenge him ; on the other side, the family of the aggressor take part with him ; and the result is war between two houses. • Of course, this war dis- turbs the public peace, and threatens the security of the neighbors. The idea naturally suggests it- self that this warfare might be ended by interpos- ing and conciliating the enemies. This is not an hypothesis ; it is a necessary cause -and result. Be- sides, it is well known, that, for some time before their advent into Gaul, it was a common habit among the Germans to cite the two parties before a tribunal composed of all the family chieftains belonging to the tribe. There, the murderer de- nied or confessed his guilt. If he denied, the court tried to convict him : witnesses were rarely employed for this, a well-organized public power being needed to bring them before the tribunal, OF THE FRENCH PEOPLE. 4I confront them with the prisoner, and obtain proof of their honesty. More frequently recourse was had to various ordeals to which the defendant was subjected. He must plunge his arm into boiling water, and lift something from it without burning himself (this was ordeal by hot water) ; or he must walk over a pan of coals (this was ordeal by fire) ; or, after being thrown into water with his arms tied, he must sink to the bottom (this was not so difficult, — they thought water would reject the guilty with horror, — this was ordeal by water) ; or he must fight his adversary, and of cotirse could not fail to conquer, if he were in- nocent (this ordeal was called later the judicial duel) ; or yet again, and this most commonly hap- pened, his guilt or innocence was put to the oath of himself and his family. The defendant some- times brought as many as a hundred people to swear in his behalf. All this was hardly addressed to the judges. The object was to convince the plaintiff, and persuade him to forego vengeance. The judges simply presided over the ceremonies. Should the plaintiff, in spite of witnesses or de- nials, trials or oaths, remain sure of the guilt of the defendant, he retained a right to avenge him- self, and the judges had served in vain. If, on the- contrary, the defendant was convicted or made 42 A SHORT HISTORY confession, the duty of the judges became more serious, — they had to decide upon the reparation to be made. They might, for instance, say, ''-The defendant has killed your slave of such age and sex ; he must make amends by paying^ so much/' Even then the plaintiff might refuse the reparation, and prefer war ; or the defendant might say, " I will not pay ; let us fight/' Justice, in that "early stage, was only an attempt at conciliation. The one thing in its power was 'to estimate the price to be paid for damages. This compensation was called wergheld. There was no other penalty, — no corporal punishment, — no imprisonment, at least among the Franks ; the Burgundians and Visigoths did have certain corporal penalties.. This was the organization which the barbarians- brought into Gaul. They did not, however, impose their judiciary customs upon the vanquished. The Gallo-Romans continued to be ruled by their own laws and judged according to the forms of Roman justice. Each barbarian tribe also kept its own law : there was the law of the Visigoths, the law. of the Franks, and the law' of the Burgundians. Law was personal, and this lasted till the eighth cen- tury. Then came a great change, which took for its accomplishment an uncertain length of time, somewhere between fifty and a hundred years. OF THE FRENCH PEOPLE. 43 When this was achiev,ed, France appeared di- vided into a certain number of provinces, various in extent, each having its own laws and customs, which rtiled both inhabitants and strangers, even the most transient, without distinction of nation- ality. Law had become territorial. This change, so complete' and, at first glance, so surprising, can be readily explained. When the several barbarian tribes settled in Gaul, they differed somewhat from one another, and very decidedly from the Romans, in appearance and language. These distinctions were in time effaced. Marrying Gallo-Roman women, their children did not bear the features of their race ; their manners and customs became * absorbed in those of the Gallo-Romans ; even their own language was forgotten for that of the van- quished. At the end of the tenth century^ the law of the Visigoths could not be applied to one, that of the Franks to another ; for neither Frank, Visigoth, nor Burgundian was distinguishable. So this great change is explained most simply ; it was inevitable. Another equally important change was attempted, but unfortunately failed. The kings, advised by ^ the clergy, and converted to higher ideas of jus-* tice, tried to impose upon the convicted criminal the obligation to pay the wergheld, and, upon the 44 A SHORT HISTORY opposite side, the obligation to accept it. Had the kings been obeyed, the multitude of private wars would have ceased, and a grand calm would have fallen upon this turbulent society ; but the kings were not obeyed. Even Charlemagne could with difficulty obtain, for. a few years, a partial compliance with his orders. Under his succes- sors, private warfare became more frequent than ever. We shall see its effects presently. VIII. It is now time to explain the results which the kings anticipated from that distribution of lands of which I have spoken. First, we must carefully discriminate between, the lands which the kings distributed and those which the soldiers received immediately after the victory, and which, in the language of that time, were called sortes (lots) or al-ods. .These sortes were shares acquired by lot, as, after the pillage, a mass was made of all movable booty, which was di- • vided into as many portions as there were soldiers, or, perhaps, only captains ; and these portions were drawn by lot ; in the same way, an estimate OF THE FRENCH PEOPLE. 45 was made of the domains which, it was thought, could be wrested from the natives, and these also drawn by lot. The king, so far as regarded mov- able booty, had a share- scarcely larger than that of the other captains ; but, in the domain, his por- tion, already marked out, comprised the lands pre- viously owned by the Roman fisc. Now, the Ro- man fisc had everywhere a goodly number of lands, so the territorial share of the king was considerable. It is noteworthy, that the captain or soldier, in accepting his allotted booty and do- main, felt no obligation towards his chief: to his mind, they were the trophies of war, — advan- tages due purely to his own courage, — -and upon which the chief could found no claim of sover- eignty. As regarded the lands which the king detached from his own domains, and distributed, that was another matter ; in the language of the Gallo- Romans, they were called benefices. Naturally, the kings did not give these without conditions ; they exacted from soldiers thus honored, promises, general oaths. of fidelity and obedience, and often more precise obligations; for example, that bene- ficiaries should go to court, at specified times, to help in the decision of law-cases and in other busi- ness affairs, — that they should respond to a call 46 A SHORT HISTGEY to war, and that they should pay certain rentals. These obligations would seem the natural duties of subjects without any need that the king should bestow gifts in return ; but the situation cannot bo judged by modern customs. It must be re- membered that the Germans did not recognize kings in reality, and understood, as a fact in pol- itics, only the radical independence of each. indi- vidual. These conditional grants 'made by the kings were imitated by captains, who had received large estates, and, in their turn, wished vassals and soldiers : they gave benefices upon similar conditions. We must remember, that, under the Frankish system, each man held the right to make war upon private enemies, — to avenge injuries and indemnify himself, with his own hand, * for wrong done him, so that every rich and powerful baron needed soldiers under his control. Now for the results of this system. The Frank- ish kings had laid Gaul waste by cruel wars, to obtain lands fl^om which to form benefices. These benefices became a new and permanent source of wars, — wars between kings and their beneficia- ries,. — between the lesser chiefs- and their bene- ficiaries. The benefices were usually granted only for • OF THE FRENCH PEOPLE. 47 life ; at the time of the donation, it was nnder- stood that they could be recalled at the death of the beneficiary, this being generally a positive clause in the agreement. But probity and respect for promises were not the ruling virtues of these barbarians. The beneficiaries wished to evade the •obligation, and often attempted to keep both the property and their old German independence. On the other hand, kings and patrons tried to des- poil' the beneficiaries at will, by giving, reclaim- ing, and giving to others, according to their in- terest or momentary caprice. In the midst of these wars among unjust and violent men, whom war made still more hard, vio- lence was the one only resource. The Frankish warrior was never sure that he might not be treated as a Gallo-Roman or a slave, by his former comrades, now leagued against him. He dared not live alone in this ever-changing world ; he joined some league or society of soldiers, to secure for himself aid in time 'of need. But the most common way of obtaining support was to recommend himself to some chief, either a large landowner or the ^captain of many soldiers* The recommendation consisted in putting into the hands of this chief, his domain, his al-od or freehold, and receiving it .back under the title of benefice, as 48 A SHORT HISTORY if it had been detached from the estate of his chief. Soon there were scarce any al-ods or independ- ent estates ; there were only benefices, the lesser warriors having recommended themselves to cer- tain chiefs, and the latter having done the same in their turn to more powerful lords or to the king. With the number of benefices, the occasions for war increased. We can easily fancy the fate of peasants and coloni under these pitiless enemies We will return to them shortly. . IX. While the beneficiaries were struggling to make their benefices hereditary and were daily approach- ing this end, in spite of kings and patrons, the public officials were trying to do the same with their posts. Little as the Frankish kings governed they had, however, established dukes, counts, centuri- ons, and decurions, as rulers over districts very different in importance : these officers presided at the assemblies of frecipen, the mallum or OF THE FRENCH PEOPLE. 49 assizes of the Franks ; they transmitted to the kings appeals for war ; they controlled the sol- diery. Of course, these oJBficers could originally be re-- called by command of the king; but, from the first, they wisked to make themselves independent in their duties, and to bequeath these duties to their children. They succeeded, at the same time that beneficiaries triumphed on their side, and from the following causes. The Roman emperors hiad often rewarded the zeal and devotion of their agents, by allowing them to exercise, for their own profit, the duties of ad- ministration. For instance, they granted to an official all or part of the revenue he collected, or let him apply to his own use the corporal service due from subjects, upon government lands, in le- gions, or as messengers of the Empire. These concessions were called honors, (honores). Some- times the imperial liberality was bestowed upon gentlemen landowners : to these the emperor gave immunities ; that is, he made them a gift of the taxes, which should have been levied upon their estates, upon' their coloni or farmers The coloni and farmers, of course, had to pay the same ; but, instead of paying to the fisc, they gave the money to their masters, by order of government agents, 4 5o A SHORT HISTORY or, perhaps, the latter remitted it to the masters, after collecting it. Still further, the fines assessed ^J judges were given by the emperor to these same judges or to other persons. The barbarian kings, when installed in the van- quished country, tried to keep all the traditions . of the . imperial system, to levy all the imposts and taxes suggested by the Eomans. We shall soon see how well they succeeded with the Frankish warriors, their compatriots. Certain it is, that, if these latter paid the impost but irregularly, the Gallo-Romans did not fare- so well. • They con- tinued to be oppressed in the name of legal tradi- •tion, while, at the same time, they were robbed in the name of the rights of conquerors. After the example of the emperor, the Frankish kings granted immunities and honors. Immunity was an almost universal measure, as regarded estates be- longing to churches or monasteries. As these es- tates were very numerous, and daily becoming more so, the kings lost, in this way alone, a good share of their budget. The immunities granted to large landholders, the honors yielded to officials, also increased with time. The same need and hope of attaching the warriors, whfch had led the kings to give estates, prompted their liberality with the different taxes. OF THE FRENCH PEOPLE. 5^- It was a dangerous course ; the kings .thus de- prived themselves of resources, made disobedience easy, and forced themselves to new concessions, besides creating a precedent, which other warriors and officials were only too ready to follow. Seeing around them men allowed to keep the revenues formerly claimed by the State, each offi- cial wished a similar advantage. By the side of proprietors regularly endowed with immunities and honors, rose many, who made the endowments for themselves. There appeared a general tendency to usurp all revenues due from the Gallo-Romans to the kings, who had succeeded to the fisc ; to quote one example, the counts and centurions soon reserved, for their own use, all or part of the legal fines. Hence it happened that the kings were gradu- ally cut off even from the revenues of the estates they had kept for themselves ; the penury to which they were reduced, or, rather, to which they had reduced themselves by their own lack of foresight, allowed the greatest and most radical usurpations. Money, we have seen, was very scarce, more scarce even than under the Eoman dominion. The emperor had been forced to pay officials, in part^ with produce. 52 A SHORT HISTORY Under the barbarian rule, it became a. custom to attach to each office an estate, of greater or less extent, which should repay the official for his la- bor. This was a custom so general, and believed so advantageous, that lesser services, if permanent, — for example^, that of intendant on a farm, — were rarely paid in any other manner. Now it is a law of nature that possession of land or houses should be hereditary ; the human mind cannot accept this possession as for life .only. A man has cultivated the soil of an estate,- •has improved it, has lived there a long time, his children have been born and have grown up there. Public opinion unanimously holds that this man has made the estate his own, since he has put into it something of himself, which cannot be taken away. Whenever an official died, and the king ap- pointed a successor, the family of the deceased functionary had to be expelled from the estate, which belonged to the office. This always caused serious difficulties. . The family thought itself robbed, and indulged in protests, which were echoed by the public; Sometimes " resistance was made : force had to be used, with most disastrous result. This state of thing-s could not continue. Either the office must be independent of estates, OF THE FRENCH PEOPLE. 53 which was impossible,' there being no money wherewith to pay, or the estate must hold the of- fice by hereditary descejit, as was most natural. The latter alternative was chosen, as, indeed, it must of necessity have been. Usurpation, however, was not the only cause of the establishment of the feudal system. The kings sometimes only confirmed the encroachments of their officers ; but sometimes they went half way, and, of their own accord, abandoned to their agents, or to private individuals, a more or less extensive share of their power. When the hereditary right to benefices and public offices was admitted without question, that political organization which we call feudalism was founded. Feudalism was maintained for nearly five cen- turies ; France kept traces of it much longer, even until the Revolution. It is important to take careful note of its origin. • • It was in S'lt A. D., that hereditary right to public offices was recognized by the king; -Charles the Bald, .grandson of Charlemagne. The inheritr ance of benefices became general at the same time. So feudalism dates from the end of the ninth century. About three hundred ai;id sixty years had elapsed since the death of Clovis. The 54 A SHORT HISTORY only iraportant act of these three centuries and a half had been to form this system. , Whoever knows what we have just described, knows the fundamental point of this period : the battles, the assassinations, the overwhelming misfortunes of kings and princes, are only the outside of its his- tory ; a history which is made obscure and com- plicated by a crowd of dramatic events. X. But there was in feudalism something more than the heritage of benefices and offices ; to understand this other aspect of the system, we must know the condition of the provinces,' from the fifth to the tenth century. The barbarians found the rural population di- vided into two classes, — slaves and coloni, or serfs, the latter, much more numerous. The reader will remember this, as well as the difference between the two conditions. The first result of the serious disturbances and infinite cruelty, which followed the establishment of the barbarians, and the wars of the Merovingian and Carlovingian kings, was a large increase in the class of slaves. The Frank- OF THE FRENCH PEOPLE. 55 ish warriors, never returned from an expedition without bringing coLoni and freemen, dragged from the estates they had passed. These were prisoners of war, and were conse- quently treated without consideration, and reduced to the worst of conditions, that of slavery. Con- sidering the barbarism of the conquerors, the mis- ery of the conquered is not surprising. So a large number of coloni w.ent down one degree, and many freemen two. Police and security were a cipher ; even a Frankish soldier could not, single-handed, defend himself from the fierce attacks threatening on all sides ; how much more impossible was it for a simple freeman of Gallo-Roman origin ! The cen- tral government, royalty, which ill represented what we call the State, could do nothing for him. The only thing a freeman could do to win a little of that security which was everywhere lacking, was 'to put himself under the protection, the main- bournie, as they called it, of some chieftain or neighboring lord ; or, what amounted to the same thing, under the protection of the nearest convent, which had soldiers in its pay. The lord, naturally, would not accept this office of protector, with- out equivalent. The freeman would deed his es- tate to the lord, wh'o then restored it as a gift. 56 A SHORT HISTORY but under condition of an annual rent." Or worse might happen, and the lord force him to hold the land; not as freeman, paying rent, but as colonus, with all the dependence belonging to that rank, so that many freemen descended to the grade of eoloni. The barbarian warriors, who tumultuously ruled the country, were not people to discern or respect the original distinctions of the men they found there, established on domains, or cultivating the surrounding land. They were inclined to treat all with equal violence, and, with the same spirit of despotism, to exact from each, not what he le- gally owed, but whatever it pldased them to de- mand. Many coloni, beneath an unbridled mas- ter, became slaves ; many freemen became coloni, or even slaves, upon the selfsame spot where they had formerly held higher rank. Public and private wars, with their train of fires and mg,ssacres, were constantly overturning the population. Crowds of men were, so to speakf lifted from the ground, and scattered like dust. There was no money • for the fugitives to take away ; no one had any at this time ; so they died of hunger ; all could not find employment in trades nor earn a living as day-laborers. The land was everywhere cultivated by coloni, a kind of im- movable farmer who left no room for accidental OF THE FRENCH PEOPLE. 57 labor. Goloni, too, exercised all the trades needed in each place. There was no way of support but to hold land by some tit^e, or enter the service of a chieftain. Our fugitives had but one course open to them, — to beg land of a- lord. If the lat- ter granted this, it was upon the most burden- some conditions : he was master of the situation. There have come down to us, from that time, deeds in which the poor, ruined wretch declares, that he submits to the power of such a lord, either as slave or colonus, in return for food and clothing. Then, what must have been their condition in the service of men without humanity or conscience ! For all these reasons, the class of freemen al- most wholly disappeared in the country. IIow many remained, we do not know ; but one thing Is certain, there was no free landj that is, land which did not owe a tribute to some one. At the moment when the confusion that himg over this afflicted period clears away, and the internal workings become visible, we find there is no es- tate without a lord; all estates are either benef- ices, also called fiqfs, or censives,.iha,t is, manors paying a cens or quit-rent to a lord, according as they belonged to noble landholder or plebeian free- man. If the disorder of the time tended to destroy 58 A SHORT' HISTORY liberty, it must be acknowledged-, on the other •hand, that it tended to improve slavery, and lift it a little towards freedom, — this on account of a trait of character peculiar to the conquerors. The Eomans liked to be served in their houses by a crowd of slaves, and employed them in all domestic offices, even to putting the attendants on a footing of unavoidable intimacy with their mas- ters ; .it .was with his slaves, perhaps, that each master spent the most time : this, indeed, made the servitude more bearable, but it would have perpetuated slavery forever. The Germans, on the contrary, disliked extremely to be surrounded by slaves, who were the object of their bitter scorn. The Frankish warrior preferred the ser- vice of his family, his children, his relatives, or poorer companions, who were half servants, half friends. Household service had nothing .humili- ating in their eyes. Little by little, they sent all slaves from the house to the farm, to be employed solely upon the land. The slave thus became like a colonus in occupation, habits, and, no, doubt in dress. It was soon very hard to distinguish be- tween them, particularly as no register was kept. In the tenth century, slavery had wholly disap- peared into colonage, but into a transformed, ag- gravated colonage, which now became a middle OF THE FRENCH PEOPLE. • 59 term between slavery and the old colonage Col- oni and slaves were united in a single class, much the most numerous, and called by ai common name — serfs. The reader may not understand the difference between the old slave and the serf of the middle ages, — between the old colonus and the serf. The clearest explanation is, that the slave could be sold, snatched from his family, his wife and children, — from the place where he had always lived, — from his habits and trade ; he might see his existence wholly changed, and die, as it were, to his past life several times before his act- ual death, — whilst the serf was attached to the soil. If he could not leave it, neither could he be sent away ; of property, he had almost none, but he had a fatherland and a family, at least by right, barring the accidents of violence, which must always be understood. He lived in great poverty, but among his own people and in his own house. The colonus, too, was chained to the soil, but, by strict care, he might gain a certain independence ; for the sum to be paid his master was regularly fixed, whereas the serf was at the mercy of his master. These were the " essential differences in rights ; for, I repeat, a reservation must alwa^ys be made as regards facts. It is im- possible to know whether, owing to the rapacity 6o A SHORT HISTORY of the Roman fisc, the colonus was ever really in a happier condition than the serf of the middle ages. • These remarks do not apply merely to the country. The fate of the inhabitants of bourgs and small cities did not differ much from that of the rural populace ; both fell almost entirely into the great class of serfs. The former, instead of being bound to the soil were bound to a trade ; that was all the difference. In lar^^e cities alone, the artisans and workmen kept, for the most part, the position of freemen, which, however, did not save them from extortion at the hands of the lords who were settled either in neighboring castles or in well-fortified mansions within the city walls. In some cities, especially towards the south, a shadow of the ancient curia, a certain municipal government, was kept until the political resurrec- tion of the cities, in the eleventh century. But it was hot to this feeble government that the workmen owed their escape from servitude ; rather it was the freedom of the people which saved the government. The dwellers in cities no doubt owed the preservation of their franchise to a cer- tain power of resistance, which naturally resides in numbers, to the mutual education which men acquire from daily intercourse, and, finally, to the wealth which industry creates in cities. \ 3^\ OF THE FRENCH PEOPLE. 6 1 XI. It seems certaiD that the Roman proprietors ex- ercised over their coloni, and even over freemen, their farmers and husbandmen, a judiciary power, of which the limits are still unknown. After, the establishment of the barbarians, the Roman mag- istrates, presidents and consuls, of course disap- peared. By whom were they replaced ? The barbarians had their form of justice, of which we have spoken. The Frankish warrior was judged in civil, as in criminal cases, by his companions, his peers, over whom presided de- curion, centurion, count, or even king. But could these tribunals decide Gallo-Roman cases ? We must admit, I believe, that they decided all cases in which a Frank was interested. Probably, too, the conquerors assumed the right to judge crimes committed by the conquered, even when the vic- tim was a Gallo-Roman. So the Frankish tribu- nals held Jurisdiction over, 1st, all criminal cases ; 2nd, civil cases, where one party was of Germanic race. There remained civil cases between the conquered, the Gallo-Romans themselves. It is almost certain that these too were decided by 62 ' A SHORT HISTORY counts, centurions, &c. ; but the question has never been settled whether these judges gave the sentence, or only presided over a court composed of Gallo-Eomans, peers of the two contestants. In any case, the tribunal of counts took cogni- zance of cases between free Gallo-Romans only ; the serfs carried theirs before the domestic tribu- nal of their master. This state of affairs couM not last. There en- sued, .in the forms of justice, a series of changes, all moving in the same direction with every thing else ; that is, towards the creation of a crowd of petty sovereignties, — towards the establishment of the feudal system. A word will explain what happened, and leave us free to consider the way in which it was ef- fected. The proprietors, the lords, were in time the sole judges, taking the place of tribunals of peers collected -undei: the presidency of royal of- ficials. They thus acquired the first privilege of kings, — that of administering justice. Now, let us see the steps by which this was reached. It is clear, that each warrior, when es- tablished on his domain, aspired to absolute con- trol in his own house, and to the right of giving final judgment, without foreign interference, in the affairs of his serfs, so much the more that there OF THE FRENCH PEOPLE. 63 was a. precedent for this in the judiciary power of the Roman lords. Then, as he forced the free- men of his neighborhood to put themselves under his guardianship, he claimed the right to judge these freemen. He, at length, fully realized his claims, at the very time when he had also obtained- the hereditary right to benefices, and for the same reason, —r- that the royal power had become help- less against the united demands and ambitions of the lords. It remains to be seen how the tribunals of counts, &c., disappeared in their turn. The Frankish land- owner was bound to others by the claims of which I have already spoken. He was the vassal of another more powerful Frank, from whom he had received his benefice, "and himself had vassals to whom he had granted benefices. Seignior and vassals formed among themselves a sort of private society, very distinct and visible in the midst of general society, which was then so disjointed as to seem no society at all. It was suited to the ideas of the time, that thes^ members of the same body should administer justice among themselves, without the intervention of any outside power ; and this took place. Each vassal was judged by his co-vassals, his peers, under the direction of the seignior. There are some authors who call this 64 A SHORT HISTORY form of justice, feudal, in opposition to justiciary justice, the old public' justice exercised by the counts. So there arose, besides the tribunals pre- sided over by royal agents, and besides justiciary justice, courts of seigniors. Public justice, as I said, had been usurped by the officials, who were commissioned to exepute it ; it fell from the hands of the central power into those of counts, viscounts, &;c. These being seigniors, possessors of fiefs, and members of the feudal body, already executing feudal justice, ad- ministered .the two powers in the same manner and with the same judges. Consequently the pow- ers, derived from the two sources, were soon in- distinguishable iji the single court. Public justice was merged in feudal justice. The gradual revolution, which resulted in the es- tablishment of feudalism, I believe to have been inevitable. Remember that these Prankish war- riors entered Gaul with habits and instincts of fierce independence, under the command of a chief who was, after all, only their equal, and in no respect a king. They found, it is true, among the conquered, the remembrance and traditions of a central power, ruling individual wills, — the mem- ory of an emperor in whose name taxes were col- lected and justice administered ; but, naturally, OF THE FRENCH PEOPLE. 65 these memories and traditions were by no means to their taste, and they felt no wish to accept a similar master. The chief, their king, was indeed of a contrary opinion ; he would have liked to re- produce the Roman empire for his own advantage, but means were wholly lacking. Evidently Clovis dreamed of becoming a king, according to the Gallo-Roman idea of royalty ; and, owing to his unusually energetic character, his military talents, and his tact, he became as completely master as was possible in his age. But his successors, having none of the same per- sonal resources, deserved and received much less obedience. Under them, royalty retrograded. Tl>ey were without the weapons to hew for them- selves, at the expense of their leudes, a kingdom of either ancient or modern type. They could have used but one method successfully to crush the independence of the Franks ; this was to form an army of the conquered nations, and employ it against their compatriots, — a dangerous method truly, for the Gallo-Roman army might then have driven themselves away. This idea would never have occurred to these barbarians, who were filled with scorn for the conquered race. W.e know that the descendants of Clovis, who are called Merovingian kings, from their first 5 66 A SHORT HISTORY known leader, Meroveeus, were, through a revcfiu- tion, which I will not relate, the causes being superficial or obscure, -^ were, I say, dethroned and followed by a new family, the Carlovingians, so called, from Carolus, Charles, Charlemagne, or Charles the Great, the most distinguished of his line. Under the Carlovingians, the relations of the " kings and Frankish chiefs were unchanged, the latter striving for absolute independence, which the former tried to curb. Charlemagne succeeded in forming for himself a vast empire, which in- cluded Oaul, Germany, part of Italy, and part of Spain ; he. more particularly succeeded in being obeyed in Gaul, by the leudes, as no other bar- barian king ever had been. So, under him, justice was really administered in his name ; his call to war was always heard and heeded ; the adminis- trative orders he gave were almost always executed; but all this was due to his strong and persistent will, — to his military skill and courage, before which his leudes bowed, — to his eloquence, — in a word, to his genius ; his success was purely the effect of personal might. His descendants, with- out his genius, could not establish their power. All that is essential in political history up to the ninth century, can be summed thus : feudal- ism was established : this was the necessary course OF THE FRENCH PEOPLE. 6*J of events ; it was suspended only for a momen£ by the genius of Charlemagne. The dimensions of this little book will not al- low me to recount here the turns oT fortune which destroyed the kingdom of- Charlemagne, and, from its fragments, created six or seven kingdoms. XII. Now we will see feudalism in operation. The tenth and eleventh centuries were marked by innumerable private wars ; that is, wars be- tween seigniors. We have constantly to repeat that the seigniors were like so many kings, and made war among themselves, like kings, only much more frequently. It was but seldom that one of these petty mon- archs was at peace with all his neighbors. At the present time, the scene of war is usu- ally confined. to the frontiers of the two countries. There, in a space more or less extended, but within that space alone, it lets loose its horrors, and spreads desolation. On each side of this limit, two vast countries continue to live and work in security. At the time of which we speak, from 68 ' ■ A SHORT HISTORY the fact that the soil was divided into an infinite number of little states, every place was upon a frontier, or very near it. The moment one of these small states engaged in warfare, there was not an inch of its territory sheltered from the enemy. As few of these states ever were at peace, war was always raging everywhere. The seigniors made war thus constantly, because they had no weighty tribunals to settle quarrels. With no judges to pass sentence, and no police to execute it, each man must protect himself. And, as these lords were kings, and had subjects, and nat- urally forced these subjects to help in their con- tests, every misunderstanding betv/een seigniors resulted in war. Thus also did royal quarrels end, and for the same reason, — there w#.re no courts. So every dispute, which, between two citizens of our day, would give rise to^ a lawsuit, then gave rise to wars. Moreover, men were infinitely more violent, more grasping, more dishonest then than now, so that subjects for quarrels were much more common. • I have said that there were literally no courts to interpose between seigniors ; let us see. We saw how a quarrel between seigniors was decided towards the . end of the ninth century. In the two following ages, there was no change in . OF THE FRENCH PEOPLE. 69 this respect. The two opposing lords must come before their peers, the other lords, all vassals of a common suzerain, who presided over the court. But here arose the first difficulty. There was no one to force the suzerain to decide the case. He was not dependent on any one ; he could not be constrained ■ to pass judgment, and often did not care to decide*. Nor was there any power to oblige the suzerain to give impartial sentence ; there was no one over him to whom he must render account, nor was" there within him a governing conscience. It would not have been so serious, if he had had no interest, and the parties haji been unknown to him ; but, on the contrary, they were his vassals, the people with whom he had most frequent and important relations. It was for his advantage to favor the one most devoted to himself, or most capable of furnishing soldiers for his little empire ; and, though simply presiding officer, the means were in his hands to decide the case as he pleased. He chose the peers, and could select those in his service, so much the more easily, because it was very certain, that, if not summoned, the peers would not protest ; they had no wish to leave their castles and families, to make an enemy of the lords whom they pronounced in the wrong. It is plain that this office of judge was a thankless 70 A SHORT HISTORY one, and that the lords of the middle ages were peculiar litigants. On account of the unwilling- ness of peers to come, it was agreed that a small number should suffice to form a tribunal ; in some . provinces, two peers were enough. The suzerain could easily find two men wholly at his command. When he did not insist upon the attendance of his creatures, in order to perpetrate an injustice, it often happened that two or three of the lords summoned would not appear, and, when they came, perhaps one of the litigants, or even both, would be absent. In the first place, they had no confi- dence in the impartiality of the judges, and we must own that this distrust was well founded; every one shared it: then, there reigned among the seigniors a kind of foolish pride, which raade it repugnant to them to submit to the will of man, whoever he might be. At heart, each baron cher- ished the haughty thought, that he held from God alone. And, besides, all were sure that the trial would end in an ordeal, or an appeal to God ; that is, a duel. It was then so hard to collect the witnesses of a deed, and, particularly, to make them tell the truth, and judges of that day were so incapable of discerning truth among contradic- tory statements, that recourse was almost always had to these arbitrary means of reaching it. Now OF THE FRENCH PEOPLE. 7 1 ordeals were not acceptable to the seigniors, and duels even less so ; they preferred war. In judi- cial duels, the vanguished, if not killed by his foe, was put to death by order of the judge, or taxed according to discretion. War was .less dangerous, and even had certain advantages. When, by chance, the peers had assembled, the contestants had appeared, and judgment had been given, without ordeal or duel, something still re- mained to be done ; this was to execute the sen- tence. It was but rarely that the loser yielded with good grace to the decision, especially in se- rious cases, involving life or liberty. It was also rarely that he could be seized at once ; for he took care not to appear without a large retinue : be- sides, feudal law allowed a convict to go first to his home ; so he would take shelter in his castle, arm his serfs, and prepare for desperate defence. On principle, it was the duty of the lords and su- zerains to besiege him, that their sentence might not become a dead letter ; but usually they neg- lected to fulfill this obligation, which would have made the office of justice a very uncomfortable one. It was the winning side, to which it was of more consequence to see the sentence executed, which undertook the campaign ; but, ip any case, it was always war. 7Z A SHORT HISTORY Never was there so great a . need of a strong- ly organized judiciary force as at that time, when there was none at all. Many seigniors led the life of brigands, overrunning the country in- cessantly, roFbing rich merchants, who ventured upon the highway, stealing cattle, women, and serfs from neighboring lords, who, the next day, returned the visit, under pretext of reprisals. The lords kept up a constant exchange of violence, and a perpetual concert of recrimination, equally well founded on both sides. The feudal hierarchy was also an abundant source of wars, each vassal clinging to the hope of be- coming independent of his suzerain^ or, at least, of lessening his dependence ; each suzerain trying to subject his vassals still further, and to impose upon them more than the prescribed burdens. An eminent historian, M. Guizot, says that there was a multitude of wars, simply on the subject of castles. Each seignior made his own as strong as possible ; but, whenever he reinforced his walls, however little, all the neighboring lords, as well as the suzerains, attacked him, because they thought this fortification a menace, and with reason ; just- as at the present day, when one government in- creases its army, the others consider themselves threatened ; explanations follow, then blows. OF THE FRENCH PEOPLE. 73 With all this, private wars would not have been so common but for another most unworthy cause, which made them dear .to the hearts of the seign- iors. This was, that, owing to the way in which they were conducted, they brought little danger and much profit. Now, it is agreed, that, when two nations are at war, the soldiers of the two armies are the only ones to be attacked ; the un- armed inhabitant must be respected, to whatever country he belongs. This law regarding the rights of people is a strictly modern one. In the mid- dle ages, quite contrary were the proceedings be- tween seigniors. Each lord first attacked the peasants belonging to his foe ; he killed the men or led them captive, violated the women, stole every thing he could carry, burnt the villages, de- vastated the harvests, woods, and vines. He took money, grain, wines, &c., to enrich himself; and destroyed every thing else to impoverish his enemy, thus making it impossible for the peasants to pay their rents. This system of gener^L destruclion, under pretext of impoverishing the foe, has indeed long outlived the middle ages. Louis XIV em- ployed it, to the scandal of the civilized world, in Holland, where he burned the villages by hundreds in the Palatinate, and where even large cities were given to the flames. To return to our seigniors, 74 A SHORT HISTORY they often avoided one another, as by tacit con- sent ; while one laid waste the seigniory of his adversary, the latter retaliated; and the object of each was to effect the most thorojigh -ruin. From this, we can judge the fate of the rural inhabitants, and the interest a peasant could take in an estate, which, besides, did not belong to himself, and from which he could gain nothing but bare subsistence, even under the most favorable circumstances. Nc XIII. The ninth and tenth centuries were not only thq period of private warfare, but also that of the invasion of the Normans or Northmen. The invasion of the Normans was the last as- sault of the barbarian nations upon the old civi- lized world. They were the last out-come of bar- barism. Of Germanic race, like the Franks and Visigoths, they inhabited Denmark and Sweden. The journey by land would have been too long, and would, besides, have forced them to conquer a multitude of tribes before reaching France ; so they came in small bands, upon light boats, which OF THE FRENCH PEOPLE. 75, they managed with remarkable skill and boldness. They entered all the rivers, sailed up the broad streams, and indeed penetrated wherever the wa- ter was deep enough to float their boats, coming and going with surprising rapidity, and every- where leaving, utter desolation. Bold, swift, brave to frenzy, they conquered or evaded troops far superior in numbers. It does not appear that the feudal lords, who were so brave in fighting against the serfs of their neighboring foemen offered very stout resistance to the Normans ; they shut them- selves into their castles, whence they calmly watched the devastation of the surrounding coun- try, and some even had no scruples against form- ing alliance with the Normans, and themselves guiding the pillage. The boldness of the pi- rates increased : at first, they had confined their ravages to the river valleys, and taken care to keep near their boats ; gradually, having met so little resistance, they ventured into the in- terior_ of the country, and went as far as the centre of France, to Limoges, which they sacked ; they besieged Paris three times in twenty years. At their fourth attack, in 886, they were re- ffhlsed after a siege of several months. The last kings of the Carlovinigan race, powerless to repel these barbarians, often bribed them to leave. *]6 A SHORT HISTORY One, Charles the Simple, granted to a Norman chief, Rollo, the province which has since been called Normandy. The latter, now interested in the national peace, defended the valley of the Seine from the incursions of his old companions ; aiid the gate by which the Normans had most quickly reached the heart of France was shut, and shut tight. Soon after, the Norman invasions ceased from other causes. Their activity was turned towards Rus^a and the East, and some of them, being converted to the Catholic faith, re- nounced their habits of maritime expeditions for a more regular life. It was not owing to the Normans that strong castles were built and cities surrounded by walls; this had been a custom from the first establish- ment of the barbarians, — from the time that Ro- man security and order disappeared ; but it was owing to the Normans that this custom became more active and general. Places liable to attack, cities and villages built upon the plain, were slowly abandoned as too dangerous ; towns in- clined, so to speak, to ascend hills and mount- ains and other steep places difficult of access. Gorges, defiles, and narrow passages became iJhe sites of buildings, showing various degrees of for- tification, but all fortified. Well would it have OF THE FRENCH PEOPLE. ^7 been if these fortresses had served only for de- fence ; but most of the owners used them to keep the fruit of their rapine in safety, and to escape punishment after • their freebooting raids. The lords of these castles, more than any one else, made the castles necessary ; so the evil came from the remedy. No epoch was ever more frighful for the poor peasant : with no hope, since he owned no land and had no chance of becoming rich ; with none of the comforts or even necessaries uf existence, life was to him a perpetual agony. We must understand, that, around each castle, was, generally, a large palisaded enclosure, built to receive the serfs of the domain and their cattle, at the ap- proach of the enemy. To live in his hut, like a hare in its lioUow, with his ear always on the alert; — to cultivate out of season, and against his will, barren soil; — at the slightest sound of danger, to take refuge in the seigniorial enclosure ; — to encamp there in want and fear, hardly sheltered and not at all fed, a prey to epidemic diseases, which never fail to appear in the midst of un- healthy surroundings; — to go out, starved and trembling, to see his plot of ground and harvest in cinders; — to repair the damage, and begin again, with the prospect of another similar raid : such was 78 A SHORT HISTORY the life of a peasant. Naturally, famine was per- manent ; and there was no cause of death more common than hunger, with its attendant diseases. The poor creatures felt it an impossibility that humanity could survive under this system ; and, seeing no change in the horizon, it is not aston- ishing that they believed the end of the world at hand. The year 1000 approached ; and the opinion spread and became fixed, that the' first hour of this year, marked by a prophetic cipher, would be the last of humanity : fear fell upon all hearts. M. Morin very justly asks. Why this universal- ity of terror ? If the world thought its end at hand, it was because it saw evil everywhere and the rem- edy nowhere, — because it felt its own weakness, which betrayed itself like all dying weakness in visions*. 'European society was in paroxysms of agony, feeling that nothing could save it from an- nihilation. Yet this was not its fate. On the contrary, at this moment, humanity seemed to have reached the depths of the abyss, whence it then began to rise ; and soon new powers appeared on the surface, and destroyed the world of injustice and violence. OF THE FRENCH PEOPLE. 79 XIV. The year 1000 passed tranquilly, like an ordi- nary ^ear, and neither was the sun extinguished nor the earth destroyed. It seems as though peo- ple said, when once this time had elapsed : — Since the earth is to endure, let us have a little order and peace, for our present existence is not to be borne. This idea first spread among the clergy. They, at least their chiefs, were somewhat more educated and honest than the gross and stupid baronage of the* period. From 1030 to 1032 were three years of constant rain. Hardly could men sow, and the grain did not germinate ; so the faniiii^ was terrible. A writer of that time says: '* We thought the hu- man race was to perish entirely ; all suffered from hunger ; large and small, rich and poor, wore upon their brows the same ghastly pallor. Bread cost fearful sums. People ate the bark of trees, the grass of the field, and dead bodies, which they disinterred : after that, they ate the liv- ing ; and the traveler, attacked on his journey, would fall a victim to the blows of men fierce with hunger, who shared his limbs. Others 8o A SHORT HISTORY would offer eggs or apples to children, to tempt them aside, and then kill and eat them.^' Natu- rally, men thought themselves struck down by •di- vine wrath ; and this decided the clergy. They began everywhere to preach unity and peace, with irresistible enthusiasm. There must be no* more private wars ; every man must lay aside his arms, forget the past, his quarrels with his neighbors and their sins against him, and, in future, live ac- cording to justice. The people entered into these sen- timents with an eagerness we can well understand. Everywhere they cried "Peace! peace P^ Bish- ops and prelates, who had met in provincial coun- cils to make these good resolutions, decided to meet again in five years to maintain the institu- tion of the peace of God. As soon as the famine was a little forgotten and people were somewhat reassured, the peace of God fell to ruin, and the world resumed her disorderly courses. The clergy saw that they had gained nothing, because they had asked too much. When the provincial council met the second time, as appointed, they were less exacting and more politic. Instead of the peace of God, they established the triioe-cf^God. They decreed, un- der pain of excommunication, that, in each week, there_should be a space wherein all war should OF THE FRENCH PEOPLE. 8l be suspended — from Wednesday night to Monday morning ; the rest of the week, that is, for three days, they were allowed to fight as much as they chose. Feast days. Advent, and Lent were also sacred to peace. The seigniors were henceforth ordered to refrain^ from killing or mutilating un- armed peasants, and from the destruction of cat- tle and harvests. The truce of God was never observed with regularity, especially in this latter point ; still, it restrained, to a considerable ex- tent, the crimes and sufferings of war. XV . The cities gave birth to Industry. Whilst, in the country, each household produced almost every thing it needed, in tbe city there was di- vision of labor. Some cultivated the soil; some made clothing ; others, *shpes, objects of luxury, &c. Then they exchanged. Industry brought into the city the money necessary for exchange. The circulation of money, industry and commerce enriched a certain number of men, who, -becoming rich, became also independent. It was impossible that the rich burgesses, the 6 82 A SHOR':^ HISTORY successful tradespeople, should bear the seigniorial yoke with the same bitter patience shown by the peasants in their depths of toil and poverty. In the former it was that the spirit of protest and revolt awoke ; and they communicated it to all around them. We have now reached that interesting and im- portant portion of our history, known as the foun- dation of the communes. The foundation of a commune was in some re- spects a small revolution, a revolution kept within city limits. At first, some of the more courageous burgesses talked among themselves of the exactions and abuses of the seigniors, and strengthened them- selves by speech ; then, they sought means to put a stop to these extortions ; and, by degrees, these dreams and projects resulted in a clear and de- termined resolution, in fact, a conspiracy. It appears, that, in forming a conspiracy, the first idea of each membe'r is to assure himself of the secrecy and fidelity of his comrades, by im- posing an oath to live and die together: this was done by the burgesses of the middle ages ; they mutually swore to defend and to assist one an- other. Gradually, the conspiracy gained adher- ents ; and, when they become sufficient in num- OF THE FRENCH PEOPLE. 83 ber (the plot sometimes included almost every citizen), the revolution broke forth. The seignior had usually in the city a judge and sergeants, or soldiers, representing himself: the insurgents dr0|ve them out, not always with- out bloodshed ; but these sergeants were so much in the minority that there was -little- difficulty. This blow executed, the gates were shut. Once ■free, and the gates firmly closed, the conspirators assembled all the inhabitants in some square, or, as squares then were very small, in the cemetery, and made the people swear, that, while life should last, they would defend the commune. This name was given to the new system on account of the unanimity, the community of sentiments which were its principle. The people, meantime, chose the most notable among the conspirators for mag- istrates, in some places under the name of con- sul, in others under that of sherifi" or mayor, and the municipal body was framed. The next step was to draw up the communal charter, which should decide the public condition of the citizens, — their relations towards the seign- ior and the new magistrates. Then, preparations had to be made for a seige by the seignior, who, without fail, would try to destroy the commune and punish the rebels. 84 A SHORT HISTORY X The communists did not know against what strength they would have to contend. It might be that the seignior would be reduced to his own forces in the strife against the com- mune ; in that case, they were almost sure of victory ; but he might find allies among the no- bility of the province, who detested the commune, as the kings of Europe, in 1189, detested the Revo- lution ; or, even the kings of France, notified by. the seignior, might come to help in suppressing the revolt. The kings of France, whatever may have been said, did not, at least in the beginning, wish to favor the communes ; they rather opposed them as effects of that spirit of independence, which is al- ways suspected by the masters of the world. But this first and natural inclination of the kings often yielded to their interests ; and they frequently supported the communes against the seigniors, either to degrade those lords towards whom they ielt ill will, or because the communes had bought their protection with good money. This was the situation of the communists the day after their uprising. They had many chances against them, and, indeed, a large number of com- munes were destroyed, stifled in blood at their birth ; others, on the contrary, at first crushed OF THE FRENCH PEOPLE. 85 and apparently dead, revived, were annihilated a second time, again revived, and this sometimes three or four times with unconquerable vitality. Others had an easy, scarce-questioned existence. Some even were formed with the consent of their seigniors, who were more just and enlightened than their contemporaries. All the diversities of fortune possible to individuals were felt by the communes. The southern communes, as a rule, had more brilliant careers than the northern ones, be- cause there were more burgesses and fewer nobles among them. ^ We come now to events , within the commune. We said that the leaders of the movement gave their first attention to framing a communal charter. This charter was to the city, what, in our century, the constitutions are to all France. In the char- ter was first decreed what should be the future relations between communists and seigniors, what taxes they should pay him, what they should re- pudiate. Of course, they largely reduced the list, the revolution being undertaken for this purpose ; and sometimes they abolished taxes altogether. The charter then fixed the number of magistrates in the commune, the duties of these magistrates, the extent of their powers, and the form by which they should be elected. Usually, the magistrates 86 A SHORT HISTORY in office were invested with the right of present- ing their successors before a popular meeting, to be accepted or refused by acclamation. At first, this, no doubt, was a serious formality ; but it soon became a mere ceremony. In other cities, the magistrates offered two or three names, instead of one, that the people might at least make a choice. We know the names borne by these magistrates, — > sheriffs, mayors, consuls, councillors; the length of their term of office varied in different places from one to three or five years. In these points, the charters of the communes resembled the con- stitutions, to which we compared them. But they differed from these, and went further, in having, in a rudimentary state, a civil and criminal code, wherein general principles for the judgment of cases were given, and the forms expounded by which judges should decide civil as well as crimi- nal law. There were also rules, sometimes ex- tremely detailed, for the police of the city. In short, all matters which the deputies of France and the executive power, either separately or col- lectively, regulate at the present day, were then^ regulated by this single communal charter, though, of course, with much less of accuracy and detail. I said that each of these cities formed a sort of little nation. This was absolutely true of certain OF THE FRENCH PEOPLE. 87 communes in the south, which were really inde- pendent republics, coining money, and making peace or war, either with other cities or with neighboring lords. These large cities, like Tou- louse, for instance, were dependent on their nomi- nal sot'ereigns only ,in theory, and, in the height of their prosperity, hardly paid even the duties of deference ; the name of republics alone was lacking. As there were infinite diversities in the fate of the communes and equally numerous degrees in the liberties they enjoyed, some going to the ex- treme limit of independence, others stopping half- way, or on the very threshold of the path, so there were communes of all degrees of size and importance, from Toulouse, of which 1 just spoke and which had perhaps 150,000 inhabitants, to some burgage of YOO or 800 souls. They ev?^^ sprang up where there was no community, among peasants in scattered huts. These, historians call rural communes ; but they were scarce, while the others, the civic communes, swarmed for a time like ant-hills Many, doubtless, did not long sur- vive, but some trace always remained. Wherever the cominune did hold, a gap was made in the feudal system. Its compactness was broken ; and not only within the communal city did the feudal system languish, or wholly disappear, 88 A SHORT HISTORY but in the surrounding country the effect of the revolution made itself felt. The seigniors, half- ruined by the loss of their civic subjects, and sometimes, too, by the wars which the latter waged against them, had so much the less strength to hold under the old yoke their rural su^jyects, who, on the other hand, were less disposed to pa- tience. Everywhere, the lords were themselves forced to lighten the burden, lest it should be wholly cast aside. The communes were, if the expression may be allowed, the first attack of that mortal illness, which was eventually to destroy feudalism. Roy- alty did not sanction them ; but of themselves they assumed the duty of putting an end to the feudal system. XVI Before showing how the royal power, little by little, reduced, or rather absorbed, the power of each seignior, it will be wise briefly to recapitu- late the nature of feudalism in the eleventh cen- tury. The soil of France was divided into a multitude OF THE FRENCH PEOPLE. 89 of seigniories, little hierarchical kingdoms, of dif- ferent ranks. Each seigniory, was, on one side, the vassal of a higher seigniory, and, on the other, suzerain of a lower one. At the two extremities of the ladder were the seigniories which were, in point of fact, independent of any suzerains, and the seigniories which were without vassals : this state of things was on the verge of a change ; the kings of France were about to seek, and gain suzerainty over all seigniories, from the smallest to the greatest. Every vassal owed his seignior homage for his land, when he entered upon possession at the death of his father ; this homage was a ceremony, by which the vassal, figuratively, resigned the estate to his suzerain, who restored it as a gift in re- turn for promise of services. The vassal promised to follow the suzerain to war, to lend him the aid of the sword in certain specified cases, to help him even with money ; and the ^suzerain in turn swore to protect the vassal. This was the sum of the relations of seigniors one to another. Now for the other side of feudalism — the atti- tude of the seignior towards the men who inhab- ited his seigniory. We said, that, at the end of the tenth century, 90 A SHORT HISTORY there were very few freemen in the country ; still, there were some whom the seignior either had not reduced to servitude, or, having made serfs, .had afterwards freed, so that in each seigiriory there were, 1st, freerden ; 2nd, serfs. Servitude, was, by no means, a uniform condi- tion in all the seigniories, though it would be impossible to enumerate the many fine distinctions. SuflSce it to note the two great divisions, personal serfs, and land serfs. Personal. -sarfs, or serfs of the suite, were al- most slaves ; custom prevented their sale, but that was the only point of difference. Their masters could transfer them from one farm to an- othei|^ change their trade, require all their time and labor, put them in chains at pleasure, and seize them in any place to which .they had fled. Land serfa were less serfs of the seignior, than of the soil. The seignior could not separate them from an estate, nor require other service from them than that belonging to their business of ag- riculture. Generally, they could run away, leav- ing every thing behind them ; and the seignior had no right to pursue them. In this last class were, however, essential diJBferences. Some serfs had certain fixed rents to pay, and a regular amount of work to do, beyond which nothing OF THE FRENCH PEOPLE. 9I could be claimed by the seignior ; others were wholly at the mercy of their lord in these respects. Some, although subject to his pleasure in rents and labor, had a right to bequeath their property, while otbers, though only bound by fixed obligations, could make no wills. These latter, were said to be in mortmain ; for they lived freemen and died slaves ; whereas, the former lived slaves and died freemen. Besides all these, were some who were not only subject to the will of their seignior through, life, but after death were subject to mort- main ; they held, after personal serfs, the lowest rank in the feudal hierarchy, And even in mortmain, there were degrees. Some could bequeath nothing, and the seignior in- herited all their property ; others could dispose of their furniture ; still others, of only a portion of it. It must be understood that the serf, under no circumstances, could bequeath his property, with- out the tacit consent of his heir to pay, in his turn, the same duties to his seignior. Serfs, as a rule, could not marry without the sanction of their seigniors. To the serfs, the seignior was, as we see, more than a king : he was, in some degree, their pos- sessor ; with personal serfs, he was actually this, owning them, as one owns any thing, and doing 92 A SHORT HISTORY . with them as he willed. Let us return, however, to the different services he could exact from them. First, a kind of tax, the taille ; but it was not the same from all serfs. As we said, there were some from whom the seignior could claim as much as he liked, whenever he liked ; these were tax- able at will : others from whom he could claim one taille a year, the sum being fixed ; these were called bound serfs. This was the ordinary taille ; but, besides, there was an extraordinary taille pay- able on four occasions, 1st, when the eldest son of the seignior, having come of age, was armed and knighted ; 2nd, when the eldest daughter was married ; 3rd, when the seignior went on a cru- sade or to war ; 4th, when a seignior was made prisoner, and needed a ransom.* The Gorveeif. — We must consider a seigniory as separated into two great divisions, 1st, the land which the seignior had granted, or was supposed to have granted, for cultivation, either to serfs or to freemen ; 2nd, the land which he kept around his castle for his own domains. If we do not *NoTE. — We warn the reader, once for all, that we are describing only the most common conditions. In thfe middle a