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CHAP. III.: Authority of the Mayors of the Palace. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 2 The Spirit of Laws [1748]

Edition used:

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 2.

Part of: Complete Works of Montesquieu, 4 vols.

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CHAP. III.

Authority of the Mayors of the Palace.

I TOOK notice that Clotharius II. had promised not to deprive Warnacharius of his mayor’s place during life; a revolution productive of another effect. Before that time the mayor was the king’s officer, but now he became the officer of the people; he was chosen before by the king, and now by the nation. Before the revolution, Protarius had been made mayor by Theodoric, and* Landeric by Fredegunda; but after that the mayors were chosen by the nation .

We must not therefore confound, as some authors have done, these mayors of the palace with such as were possessed of this dignity before the death of Brunechild; the king’s mayors with those of the kingdom. We see by the law of the Burgundians, that among them the office of mayor was not one of the most respectable in the state; nor was it one of the most eminent§ under the first kings of the Franks.

Clotharius removed the apprehensions of those who were possessed of employments and fiefs; and when after the death of Warnacharius* he asked the lords assembled at Troyes, who is it they would put in his place; they cried out, they would chuse no one, but suing for his favour, committed them entirely into his hands.

Dagobert reunited the whole monarchy in the same manner as his father; the nation had a thorough confidence in him, and appointed no mayor. This prince finding himself at liberty, and elated by his victories, resumed Brunechild’s plan. But he succeeded so ill, that the vassals of Austrasia let themselves be beaten by the Sclavonians, and returned home, so that the marches of Austrasia were left a prey to the Barbarians .

He determined then to make an offer to the Austrasians, of resigning that country, together with a provincial treasure, to his son Sigebert, and to put the government of the kingdom and of the palace into the hands of Cunibert bishop of Cologne, and of the duke Adalgisus. Fredegarius does not enter into the particulars of the conventions then made; but the king confirmed them all by charters, and Austrasia was immediately secured from danger.

Dagobert finding himself near his end, recommended his wife Nentechildis, and his son Clovis, to the care of Æga. The Vassals of Neustria and Burgundy chose* this young prince for their king. Æga and Nentechildis had the government of the palace; they restored whatever Dagobert had taken; and complaints ceased in Neustria and Burgundy, as they had ceased in Austrasia.

After the death of Æga, the queen Nentechildis engaged the lords of Burgundy to chuse Floachatus for their mayor. The latter dispatched letters to the bishops and chief lords of the kingdom of Burgundy, by which he promised to preserve their honours and dignities§ for ever, that is, during life. He confirmed his word by oath. This is the period, at which** the author of the treatise of the mayors of the palace fixes the administration of the kingdom by those officers.

Fredegarius being a Burgundian, has entered into a more minute detail, as to what concerns the mayors of Burgundy, at the time of the revolution of which we are speaking, than with regard to the mayors of Austrasia and Neustria. But the conventions made in Burgundy were, for the very same reasons, agreed to in Neustria and Austrasia.

The nation thought it safer to lodge the power in the hands of a mayor whom she chose herself, and to whom she might prescribe conditions, than in those of a king whose power was hereditary.

[* ]Instigante Brunechilde, Theodorico jubente, &c. Fredegarius, chap. 27. in the year 605.

[]Gesta regum Francorum, cap. 36.

[]See Fredegarius’s chronicle, chap. 54, in the year 626, and his anonymous continuator, chap. 101. in the year 695. and chap. 105. in the year 715. Aimoin, book iv. chap. 15. Eginhard, life of Charlemaign, chap. 48. Gesta regum Francorum, chap. 45.

[]See the law of the Burgundians in præfat. and the second supplement to this law, tit. 13.

[§ ]See Gregory of Tours, book ix. chap. 36.

[* ]Eo anno Clotarius cum proceribus et leudibus Burgundiæ Trecassinis conjugitur, cum eorum effet sollicitus si vellent jam Warnachario discesso, alium in ejus honoris gradum sublimare: Sed omnes unanimiter denegantes se nequaquam velle majorem domus eligere, regis gratiam obnixe petentes, cum rege transegere. Fredegarius’s, chronicle, chap. 54, in the year 626.

[]Istam victoriam quam Winidi contra Francos meruerunt, non tantùm Sclavinorum fortitudo obtinuit, quantùm dementatio Austrasiorum, dum se cernebant cum Dagoberto odium incurrisse, et assidue expoliarentur. Fredegarius’s chronicle, chap. 68. in the year 630.

[]Deinceps Austrasii eorum studio limitem et regnum Francorum contra Winidos utiliter defensasse noscuntur. Fredagarius’s chronicle, chap. 75, in the year 632.

[* ]Fredegarius’s chronicle, chap. 79. in the year 638.

[]Ibid.

[]Ibid. chap. 80. in the year 639.

[]Ibid. chap. 89. in the year 641.

[§ ]Ibid. cap. 89. Floachatus cunctis ducibus a regno Burgundiæ seu et pontisicibus, per epistolam etiam et sacramentis firmavit unicuique gradum honoris et dignitatem, seu et amicitiam, perpetuo conservare.

[** ]Deinceps a temporibus Clodovei qui suit filius Dagoberti inclyti regis, pater vero Theodorici, regnum Francorum decidens per majores domus, cœpit ordinari. De majoribus domus regia.