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the enemy； I do not find that their vassals were led by the counts； on the contrary； we see that the kings or the bishops chose one of their feudatories to conduct them。＇110＇
In a Capitulary of Louis the Debonnaire；＇111＇ this prince distinguishes three sorts of vassals； those belonging to the king； those to the bishops； and those to the counts。 The vassals of a feudal lord were not led against the enemy by the count； except some employment in the king's household hindered the lord himself from commanding them。＇112＇
But who is it that led the feudal lords into the field？ No doubt the king himself； who was？ always at the head of his faithful vassals。 Hence we constantly find in the capitularies a distinction made between the king's vassals and those of the bishops；＇113＇ Such brave and magnanimous princes as our kings did not take the field to put themselves at the head of an ecclesiastic militia； these were not the men they chose to conquer or to die with。
But these lords likewise carried their vassals and rear…vassals with them； as we can prove by the capitulary in which Charlemagne ordains that every freeman who has four manors； either in his own property or as a benefice from somebody else； should march against the enemy or follow his lord。＇114＇ It is evident that Charlemagne means that the person who had a manor of his own should march under the count and he who held a benefice of a lord should set out along with him。
And yet the Abbé du Bos pretends＇115＇ that； when mention is made in the capitularies of tenants who depended on a particular lord； no others are meant than bondmen； and he grounds his opinion on the law of the Visigoths and the practice of that nation。 It is much better to rely on the capitularies themselves； that which I have just quoted says expressly the contrary。 The treaty between Charles the Bald and his brothers notices also those freemen who might choose to follow either a lord or the king； and this regulation is conformable to a great many others。
We may； therefore； conclude that there were three sorts of military services； that of the king's vassals； who had other vassals under them； that of the bishops or of the other clergy and their vassals； and； in fine； that of the count； who commanded the freemen。
Not but the vassals might be also subject to the count； as those who have a particular command are subordinate to him who is invested with a more general authority。
We even find that the count and the king's commissaries might oblige them to pay the fine when they had not fulfilled the engagements of their fief。 In like manner； if the king's vassals committed any outrage＇116＇ they were subject to the correction of the count； unless they choose to submit rather to that of the king。
18。 Of the double Service。 It was a fundamental principle of the monarchy that whosoever was subject to the military power of another person was subject also to his civil jurisdiction。 Thus the Capitulary of Louis the Debonnaire；＇117＇ in the year 815； makes the military power of the count and his civil jurisdiction over the freemen keep always an equal pace。 Thus the placita＇118＇ of the count who carried the freemen against the enemy were called the placita of the freemen；＇119＇ whence undoubtedly came this maxim； that the questions relating to liberty could be decided only in the count's placita； and not in those of his officers。 Thus the count never led the vassals＇120＇ belonging to the bishops； or to the abbots； against the enemy； because they were not subject to his civil jurisdiction。 Thus he never commanded the rear…vassals belonging to the king's vassals。 Thus the glossary of the English laws informs us＇121＇ that those to whom the Saxons gave the name of Coples＇122＇ were by the Normans called counts； or companions； because they shared the justiciary fines with the king。 Thus we see that at all times the duty of a vassal towards his lord＇123＇ was to bear arms＇124＇ and to try his peers in his court。
One of the reasons which produced this connection between the judiciary right and that of leading the forces against the enemy was because the person who led them exacted at the same time the payment of the fiscal duties； which consisted in some carriage services due by the freemen； and in general； in certain judiciary profits； of which we shall treat hereafter。
The lords had the right of administering justice in their fief； by the same principle as the counts had it in their counties。 And； indeed； the counties in the several variations that happened at different times always followed the variations of the fiefs； both were governed by the same plan； and by the same principles。 In a word； the counts in their counties were lords； and the lords in their seigniories were counts。
It has been a mistake to consider the counts as civil officers； and the dukes as military commanders。 Both were equally civil and military officers：＇125＇ the whole difference consisted in the duke's having several counts under him； though there were counts who had no duke over them； as we learn from Fredegarius。＇126＇
It will be imagined； perhaps； that the government of the Franks must have been very severe at that time； since the same officers were invested with a military and civil power； nay； even with a fiscal authority； over the subjects； which in the preceding books I have observed to be distinguishing marks of despotism。
But we must not believe that the counts pronounced judgment by themselves； and administered justice in the same manner as the bashaws in Turkey； in order to judge affairs； they assembled a kind of assizes； where the principal men appeared。
To the end we may thoroughly understand what relates to the judicial proceedings in the formulas； in the laws of the Barbarians and in the capitularies； it is proper to observe that the functions of the count； of the Grafio or fiscal judge and the Centenarius were the same； that the judges； the Rathimburghers； and the aldermen were the same persons under different names。 These were the count's assistants； and were generally seven in number； and as he was obliged to have twelve persons to judge；＇127＇ he filled up the number with the principal men。＇128＇
But whoever had the jurisdiction； the king； the count； the Grafio； the Centenarius； the lords； or the clergy； they never tried causes alone； and this usage； which derived its origin from the forests of Germany； was still continued even after the fiefs had assumed a new form。
With regard to the fiscal power； its nature was such that the count could hardly abuse it。 The rights of the prince in respect to the freemen were so simple that they consisted only； as we have already observed； in certain carriages which were demanded of them on some public occasions。＇129＇ And as for the judiciary rights； there were laws which prevented misdemeanors。＇130＇
19。 Of Compositions among the barbarous Nations。 Since it is impossible to gain any insight into our political law unless we are thoroughly acquainted with the laws and manners of the German nations； I shall； therefore； pause here awhile； in order to inquire into those manners and laws。
It appears by Tacitus that the Germans knew only two capital crimes； they h