The Spirit of the Laws :: :: University of Virginia Library

I noticed 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; [28] but after that the mayors [29] were chosen by the nation. [30]

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 Brunehault; 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; [31] nor was it one of the most eminent under the first Kings of the Franks. [32]

Clotharius removed the apprehensions of those who were possessed of employments and fiefs; and when, after the death of Warnacharius, [33] he asked the lords assembled at Troyes, who is it they would put in his place, they cried out they would choose no one, but suing for his favour committed themselves 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 Brunehault'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 to prey to the barbarians. [34]

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. [35]

Dagobert, finding himself near his end, recommended his wife Nentechildis and his son Clovis to the care of ga. The vassals of Neustria and Burgundy chose this young prince for their king. [36] ga and Nentechildis had the government of the palace; [37] they restored whatever Dagobert had taken; [38] and complaints ceased in Neustria and Burgundy, as they had ceased in Austrasia.

After the death of ga, Queen Nentechildis engaged the lords of Burgundy to choose Floachatus for their mayor. [39] 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. [40] He confirmed his word by oath. This is the period at which the author of the Treatise on the Mayors of the Palace fixes the administration of the kingdom by those officers. [41]

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.