Germans. If we could doubt the fact, we have but to remember that these men, so proud, so indifferent to suffering or death, would often think little of staking their liberty in gambling, in the hope that if successful their gain might afford them the means of gratifying some brutal passion. [Illustration: Fig. 6.--King or Chief of Franks armed with the Seramasax, from a Miniature of the Ninth Century, drawn by H. de Vielcastel.] When the Franks took root in Gaul, their dress and institutions were 35 adopted by the Roman society (Fig. 6). This had the most disastrous influence in every point of view, and it is easy to prove that civilisation did not emerge from this chaos until by degrees the Teutonic spirit disappeared from the world. As long as this spirit reigned, neither private nor public liberty existed. Individual patriotism only extended as far as the border of a man's family, and the nation became broken up into clans. Gaul soon found itself parcelled off into domains which were almost independent of one another. It was thus that Germanic genius became developed. [Illustration: Fig. 7.--The King of the Franks, in the midst of the Military Chiefs who formed his
Treuste, or armed Court, dictates the Salic Law (Code of the Barbaric Laws).--Fac-simile of a Miniature in the "Chronicles of St. Denis," a Manuscript of the Fourteenth Century (Library of the Arsenal).] The advantages of acting together for mutual protection first established itself in families. If any one suffered from an act of violence, he laid the matter before his relatives for them jointly to seek reparation. The question was then settled between the families of the offended person and the offender, all of whom were equally associated in the object of vindicating a cause which interested them alone, without recognising any established authority, and without appealing to the law. If the parties had sought the protection or advice of men of power, the quarrel might at once take a wider scope, and tend to kindle a feud between two nobles. In any case the King only interfered when the safety of his person or the interests of his dominions were threatened. Penalties and punishments were almost always to be averted by a money 36 payment. A son, for instance, instead of avenging the death of his father, received from the murderer a certain indemnity in specie, according to legal tariff; and the law was thus satisfied. The tariff of indemnities or compensations to be paid for each crime formed the basis of the code of laws amongst the principal tribes of Franks, a code essentially barbarian, and called the Salic law, or law of the Salians (Fig. 7). Such, however, was the spirit of inequality among the German races, that it became an established principle for justice to be subservient to the rank of individuals. The more powerful a man was, the more he was protected by the law; the lower his rank, the less the law protected him. The life of a Frank, by right, was worth twice that of a Roman; the life of a servant of the King was worth three times that of an ordinary individual who did not possess that protecting tie. On the other hand, punishment was the more prompt and rigorous according to the inferiority of position of the culprit. In case of theft, for instance, a person of importance was brought before the King's tribunal, and as it respected the rank held by the accused in the social hierarchy, little or no punishment was awarded. In the case of the same crime by a poor man, on the contrary, the ordinary judge gave immediate sentence, and he was seized and hung on the spot. Inasmuch as no political institutions amongst the Germans were nobler or more just than those of the Franks and the other barbaric races, we cannot accept the creed of certain historians who have represented the Germans as the true regenerators of society in Europe. The two sources of modern civilisation are indisputably Pagan antiquity and Christianity. 37 After the fall of the Merovingian kings great progress was made in the political and social state of nations. These kings, who were but chiefs of undisciplined bands, were unable to assume a regal character, properly so called. Their authority was more personal than territorial, for incessant changes were made in the boundaries of their conquered dominions. It was therefore with good reason that they styled themselves kings of the Franks, and not kings of France. Charlemagne was the first who recognised that social union, so admirable an example of which was furnished by Roman organization, and who was able, with the very elements of confusion and disorder to which he succeeded, to unite, direct, and consolidate diverging and opposite forces, to establish and regulate public administrations, to found and build towns, and to form and reconstruct almost a new world (Fig. 8). We hear of him assigning to each his place, creating for all a common interest, making of a crowd of small and scattered peoples a great and powerful nation; in a word, rekindling the beacon of ancient civilisation. When he died, after a most active and glorious reign of forty-five years, he left an immense empire in the most perfect state of peace (Fig. 9). But this magnificent inheritance was unfortunately destined to pass into unworthy or impotent hands, so that society soon fell back into anarchy and confusion. The nobles, in their turn invested with power, were continually at war, and gradually weakened the royal authority--the power of the kingdom--by their endless disputes with the Crown and with one another. [Illustration: Fig. 8.--Charles, eldest Son of King Pepin, receives the News of the Death of his Father and the Great Feudalists offer him the Crown.--Costumes of the Court of Burgundy in the Fifteenth 38 Century.--Fac-simile of a Miniature of the "History of the Emperors" (Library of the Arsenal).] [Illustration: Fig. 9. Portrait of Charlemagne, whom the Song of Roland names the King with the Grizzly Beard.--Fac-simile of an Engraving of the End of the Sixteenth Century.] The revolution in society which took place under the Carlovingian dynasty had for its especial object that of rendering territorial what was formerly personal, and, as it were, of destroying personality in matters of government. The usurpation of lands by the great having been thus limited by the influence of the lesser holders, everybody tried to become the holder of land. Its possession then formed the basis of social position, and, as a consequence, individual servitude became lessened, and society assumed a more stable condition. The ancient laws of wandering tribes fell into disuse; and at the same time many distinctions of caste and race disappeared, as they were incompatible with the new order of things. As there were no more Salians, Ripuarians, nor Visigoths among the free men, so there were no more colons, lA|ti, nor slaves amongst those deprived of liberty. [Illustrations: Figs. 10 and 11.--Present State of the Feudal Castle of Chateau-Gaillard aux Andelys, which was considered one of the strongest Castles of France in the Middle Ages, and was rebuilt in the Twelfth Century by Richard Coeur de Lion.] Heads of families, on becoming attached to the soil, naturally had other 39 wants and other customs than those which they had delighted in when they were only the chiefs of wandering adventurers. The strength of their followers was not now so important to them as the security of their castles. Fortresses took the place of armed bodies; and at this time, every one who wished to keep what he had, entrenched himself to the best of his ability at his own residence. The banks of rivers, elevated positions, and all inaccessible heights, were occupied by towers and castles, surrounded by ditches, which served as strongholds to the lords of the soil. (Figs. 10 and 11). These places of defence soon became points for attack. Out of danger at home, many of the nobles kept watch like birds of prey on the surrounding country, and were always ready to fall, not only upon their enemies, but also on their neighbours, in the hope either of robbing them when off their guard, or of obtaining a ransom for any unwary traveller who might fall into their hands. Everywhere society was in ambuscade, and waged civil war--individual against individual--without peace or mercy. Such was the reign of feudalism. It is unnecessary to point out how this system of perpetual petty warfare tended to reduce the power of centralisation, and how royalty itself was weakened towards the end of the second dynasty. When the descendants of Hugh Capet wished to restore their power by giving it a larger basis, they were obliged to attack, one after the other, all these strongholds, and practically to re-annex each fief, city, and province held by these petty monarchs, in order to force their owners to recognise the sovereignty of the King. Centuries of war and negotiations became necessary before the kingdom of France could be, as it were, reformed. [Illustration: Fig. 12.--Knights and Men-at-arms, cased in Mail, in the Reign of Louis le Gros, from a Miniature in a Psalter written towards the End of the Twelfth Century.] 40 The corporations and the citizens had great weight in restoring the monarchical power, as well as in forming French nationality; but by far the best influence brought to bear in the Middle Ages was that of Christianity. The doctrine of one origin and of one final destiny being common to all men of all classes constantly acted as a strong inducement for thinking that all should be equally free. Religious equality paved the way for political equality, and as all Christians were brothers before God, the tendency was for them to become, as citizens, equal also in law. This transformation, however, was but slow, and followed concurrently the progress made in the security of property. At the onset, the slave only possessed
