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A capitulary of Charles the Bald；＇74＇ given in favour of those very Spaniards； orders them to be treated like the other Franks； and forbids the requiring any census of them； consequently this census was not paid by freemen。
The thirtieth article of the edict of Pistes reforms the abuse by which several of the husbandmen belonging to the king or to the church sold the lands dependent on their manors to ecclesiastics or to people of their condition； reserving only a small cottage to themselves； by which means they avoided paying the census； and it ordains that things should be restored to their primitive situation： the census was； therefore； a tax peculiar to bondmen。
Thence also it follows that there was no general census in the monarchy； and this is clear from a great number of passages。 For what could be the meaning of this capitulary？＇75＇ 〃We ordain that the royal census should be levied in all places where formerly it was lawfully levied。〃＇76＇ What could be the meaning of that in which Charlemagne＇77＇ orders his commissaries in the provinces to make an exact inquiry into all the census that belonged in former times to the king's demesne？＇78＇ And of that＇79＇ in which he disposes of the census paid by those＇80＇ of whom they are demanded？ What can that other capitulary mean＇81＇ in which we read； 〃If any person has acquired a tributary land＇82＇ on which we were accustomed to levy the census？〃 And that other； in fine；＇83＇ in which Charles the Bald＇84＇ makes mention of feudal lands whose census had from time immemorial belonged to the king。
Observe 。that there are some passages which seem at first sight to be contrary to what I have said； and yet confirm it。 We have already seen that the freemen in the monarchy were obliged only to furnish particular carriages； the capitulary just now cited gives to this the name of census； and opposes it to the census paid by the bondmen。
Besides； the edict of Pistes＇85＇ notices those freemen who are obliged to pay the royal census for their head and for their cottages；＇86＇ and who had sold themselves during the famine。 The king orders them to be ransomed。 This is because those who were manumitted by the king's letters＇87＇ did not； generally speaking； acquire a full and perfect liberty。＇88＇ but they paid censum in capite； and these are the people here meant。
We must； therefore； waive the idea of a general and universal census； derived from that of the Romans； from which the rights of the lords are also supposed to have been derived by usurpation。 What was called census in the French monarchy； independently of the abuse made of that word； was a particular tax imposed on the bondmen by their masters。
I beg the reader to excuse the trouble I must give him with such a number of citations。 I should be more concise did I not meet with the Abbé du Bos' book on the establishment of the French monarchy in Gaul； continually in my way。 Nothing is a greater obstacle to our progress in knowledge than a bad performance of a celebrated author； because； before we instruct； we must begin with undeceiving。
16。 Of the feudal Lords or Vassals。 I have noticed those volunteers among the Germans； who have followed their princes in their several expeditions。 The same usage continued after the conquest。 Tacitus mentions them by the name of companions；＇89＇ the Salic law by that of men who have vowed fealty to the king；＇90＇ the formularies of Marculfus＇91＇ by that of the king's Antrustios；＇92＇ the earliest French historians by that of Leudes；＇93＇ faithful and loyal； and those of later date by that of vassals and lords。＇94＇
In the Salic and Ripuarian laws we meet with an infinite number of regulations in regard to the Franks； and only with a few for the Antrustios。 The regulations concerning the Antrustios are different from those which were made for the other Franks； they are full of what relates to the settling of the property of the Franks； but mention not a word concerning that of the Antrustios。 This is because the property of the latter was regulated rather by the political than by the civil law； and was the share that fell to an army； and not the patrimony of a family。
The goods reserved for the feudal lords were called fiscal goods； benefices； honours； and fiefs； by different authors； and in different times。＇95＇
There is no doubt but the fiefs at first were at will。＇96＇ We find in Gregory of Tours＇97＇ that Sunegisilus and Gallomanus were deprived of all they held of the exchequer； and no more was left them than their real property。 When Gontram raised his nephew Childebert to the throne； he had a private conference with him； in which he named the persons who ought to be honoured with； and those who ought to be deprived of； the fiefs。＇98＇ In a formulary of Marculfus；＇99＇ the king gives in exchange； not only the benefices held by his exchequer； but likewise those which had been held by another。 The law of the Lombards opposes the benefices to property。＇100＇ In this； our historians； the formularies； the codes of the different barbarous nations and all the monuments of those days are unanimous。 In fine； the writers of the book of fiefs inform us＇101＇ that at first the lords could take them back when they pleased； that afterwards they granted them for the space of a year；＇102＇ and that at length they gave them for life。
17。 Of the military Service of Freemen。 Two sorts of people were bound to military service； the great and lesser vassals； who were obliged in consequence of their fief； and the freemen； whether Franks； Romans； or Gauls； who served under the count and were commanded by him and his officers。
The name of freemen was given to those； who on the one hand had no benefits or fiefs； and on the other were not subject to the base services of villainage； the lands they possessed were what they called allodial estates。
The counts assembled the freemen；＇103＇ and led them against the enemy； they had officers under them who were called vicars；＇104＇ and as all the freemen were divided into hundreds； which constituted what they called a borough； the counts had also officers under them； who were denominated centenarii； and led the freemen of the borough； or their hundreds； to the field。＇105＇
This division into hundreds is posterior to the establishment of the Franks in Gaul。 It was made by Clotharius and Childebert； with a view of obliging each district to answer for the robberies committed in their division； this we find in the decrees of those princes。＇106＇ A regulation of this kind is to this very day observed in England。
As the counts led the freemen against the enemy； the feudal lords commanded also their vassals or rear…vassals； and the bishops； abbots； or their advocates＇107＇ likewise commanded theirs。＇108＇
The bishops were greatly embarrassed and inconsistent with themselves；＇109＇ they requested Charlemagne not to oblige them any longer to military service； and when he granted their request； they complained that he had deprived them of the public esteem； so that this prince was obliged to justify his intentions upon this head。 Be that as it may； when they were exempted from marching against the enemy； I do not find that their vassals were led by the counts； on the cont