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their districts than there are to prove that of the benefices or fiefs of the feudal lords； for which two reasons may be assigned。 The first； that most of the records now extant were preserved or collected by the monks； for the use of their monasteries。 The second； that the patrimony of the several churches having been formed by particular grants； and by a kind of derogation from the order established； they were obliged to have charters granted to them； whereas the concessions made to the feudal lords being consequences of the political order； they had no occasion to demand； and much less to preserve； a particular charter。 Nay the kings were oftentimes satisfied with making a simple delivery with the sceptre； as appears from the Life of St。 Maur。
But the third formulary of Marculfus sufficiently proves that the privileges of immunity； and consequently that of jurisdiction； were common to the clergy and the laity； since it is made for both。＇189＇ The same may be said of the constitution of Clotharius II。＇190＇
23。 General Idea of the Abbé du Bos' Book on the Establishment of the French Monarchy in Gaul。 Before I finish this book； it will not be improper to write a few strictures on the Abbé du Bos' performance； because my notions are perpetually contrary to his； and if he has hit on the truth； I must have missed it。
This performance has imposed upon a great many because it is penned with art； because the point in question is constantly supposed； because the more it is deficient in proofs the more it abounds in probabilities； and； in fine； because an infinite number of conjectures are laid down as principles； and thence other conjectures are inferred as consequences。 The reader forgets he has been doubting in order to begin to believe。 And as a prodigious fund of erudition is interspersed； not in the system but around it； the mind is taken up with the appendages； and neglects the principal。 Besides； such a vast multitude of researches hardly permits one to imagine that nothing has been found； the length of the way makes us think that we have arrived at our journey's end。
But when we examine the matter thoroughly； we find an immense colossus with earthen feet； and it is the earthen feet that render the colossus immense。 If the Abbé du Bos' system had been well grounded； he would not have been obliged to write three tedious volumes to prove it； he would have found everything within his subject； and without wandering on every side in quest of what was extremely foreign to it； even reason itself would have undertaken to range this in the same chain with the other truths。 Our history and laws would have told him； 〃Do not take so much trouble； we shall be your vouchers。〃
24。 The same Subject continued。 Reflection on the main Part of the System。 The Abbé du Bos endeavours by all means to explode the opinion that the Franks made the conquest of Gaul。 According to his system。 Our kings were invited by the people； and only substituted themselves in the place and succeeded to the rights of the Roman Emperors。
This pretension cannot be applied to the time when Clovis； upon his entering Gaul； took and plundered the towns； neither is it applicable to the period when he defeated Syagrius； the Roman commander； and conquered the country which he held； it can； therefore； be referred only to the period when Clovis； already master of a great part of Gaul by open force； was called by the choice and affection of the people to the sovereignty over the rest。 And it is not enough that Clovis was received； he must have been called； the Abbé du Bos must prove that the people chose rather to live under Clovis than under the domination of the Romans or under their own laws。 Now the Romans belonging to that part of Gaul not yet invaded by the Barbarians were； according to this author； of two sorts： the first were of the Armorican confederacy； who had driven away the emperor's officers in order to defend themselves against the Barbarians； and to be governed by their own laws； the second were subject to the Roman officers。 Now； does the Abbé produce any convincing proofs that the Romans； who were still subject to the empire； called in Clovis？ Not one。 Does he prove that the republic of the Armoricans invited Clovis； or even concluded any treaty with him？ Not at all。 So far from being able to tell us the fate of this republic； he cannot even so much as prove its existence； and notwithstanding he pretends to trace it from the time of Honorius to the conquest of Clovis； notwithstanding he relates with most admirable exactness all the events of those times； still this republic remains invisible in ancient authors。 For there is a wide difference between proving by a passage of Zozimus＇191＇ that under the Emperor Honorius； the country of Armorica＇192＇ and the other provinces of Gaul revolted and formed a kind of republic； and showing us that notwithstanding the different pacifications of Gaul； the Armoricans formed always a particular republic； which continued till the conquest of Clovis； and yet this is what he should have demonstrated by strong and substantial proofs； in order to establish his system。 For when we behold a conqueror entering a country； and subduing a great part of it by force and open violence； and soon after find the whole country subdued； without any mention in history of the manner of its being effected； we have sufficient reason to believe that the affair ended as it began。
When we find he has mistaken this point； it is easy to perceive that his whole system falls to the ground； and as often as he infers a consequence from these principles that Gaul was not conquered by the Franks； but that the Franks were invited by the Romans； we may safely deny it。
This author proves his principle by the Roman dignities with which Clovis was invested： he insists that Clovis succeeded to Childeric his father in the office of magister militi？。 But these two offices are merely of his own creation。 St。 Remigius' letter to Clovis； on which he grounds his opinion； is only a congratulation upon his accession to the crown。＇193＇ When the intent of a writing is so well known； why should we give it another turn？
Clovis； towards the end of the reign； was made consul by the Emperor Anastasius： but what right could he receive from an authority that lasted only one year？ it is very probable； says our author； that in the same diploma the Emperor Anastasius made Clovis proconsul。 And； I say； it is very probable he did not。 With regard to a fact for which there is no foundation； the authority of him who denies is equal to that of him who affirms。 But I have also a reason for denying it。 Gregory of Tours； who mentions the consulate； says never a word concerning the proconsulate。 And even this proconsulate could have lasted only about six months。 Clovis died a year and a half after he was created consul； and we cannot pretend to make the pro…consulate an hereditary office。 In fine； when the consulate； and； if you will； the proconsulate； were conferred upon him； he was already master of the monarchy； and all his rights were established。
The second proof alleged by the Abbé du Bos is the renunciation made by the Emperor Justinian； in favour of the