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This was not the only privilege belonging to the king's vassals。 We ought to know that when a man was summoned in court； and did not make his appearance nor obey the judge's orders； he was called before the king；＇65＇ and if he persisted in his contumacy； he was excluded from the royal protection；＇66＇ and no one was allowed to entertain him； nor even to give him a morsel of bread。 Now； if he was a person of an ordinary condition； his goods were confiscated；＇67＇ but if he was the king's vassal； they were not。＇68＇ The first by his contumacy was deemed sufficiently convicted of the crime； the second was not； the former for the smallest crimes was obliged to undergo the trial by boiling water；＇69＇ the latter was condemned to this trial only in the case of murder。＇70＇ In fine； the king's vassal could not be compelled to swear in court against another vassal。＇71＇ These privileges were continually increasing； and the Capitulary of Carloman does this honour to the king's vassals； that they should not be obliged to swear in person； but only by the mouth of their own vassals。＇72＇ Moreover； when a person； having these honours； did not repair to the army； his punishment was to abstain from flesh…meat and wine as long as he had been absent from the service； but a freeman＇73＇ who neglected to follow his count was fined sixty sous；＇74＇ and was reduced to a state of servitude till he had paid it。
It is very natural； therefore； to believe that those Franks who were not the king's vassals； and much more the Romans； became fond of entering into the state of vassalage： and that they might not be deprived of their demesnes； they devised the usage of giving their allodium to the king； of receiving it from him afterwards as a fief； and of nominating their heirs。 This usage was continued； and took place especially during the times of confusion under the second race； when every man being in want of a protector was desirous of incorporating himself with the other lords； and of entering； as it were； into the feudal monarchy； because the political no longer existed。＇75＇
This continued under the third race； as we find by several charters；＇76＇ whether they gave their allodium； and resumed it by the same act； or whether it was declared an allodium； and afterwards acknowledged as a fief。 These were called fiefs of resumption。
This does not imply that those who were seized of fiefs administered them as a prudent father of a family would； for though the freemen grew desirous of being possessed of fiefs； yet they managed this sort of estates as usufructs are managed in our days。 This is what induced Charlemagne； the most vigilant and considerate prince we ever had； to make a great many regulations in order to hinder the fiefs from being demeaned in favour of allodial estates。＇77＇ It proves only that in his time most benefices were but for life； and consequently that they took more care of the freeholds than of the benefices； and yet for all that； they did not choose rather to be the king's vassals than freemen。 They might have reasons for disposing of some particular part of a fief； but they were not willing to be stripped of their dignity likewise。
I know； likewise； that Charlemagne laments in a certain capitulary； that in some places there were people who gave away their fiefs in property； and redeemed them afterwards in the same manner。＇78＇ But I do not say that they were not fonder of the property than of the usufruct； I mean only； that when they could convert an allodium into a fief； which was to descend to their heirs； as is the case of the formulary above…mentioned； they had very great advantages in doing it。
9。 How the Church Lands were converted into Fiefs。 The use of the fiscal lands should have been only to serve as a donation by which the kings were to encourage the Franks to undertake new expeditions； and by which； on the other hand； these fiscal lands were increased。 This； as I have already observed； was the spirit of the nation； but these donations took another turn。 There is still extant a speech of Chilperic；＇79＇ grandson of Clovis； in which he complains that almost all these lands had been already given away to the church。 〃Our exchequer；〃 says he； 〃is impoverished； and our riches are transferred to the clergy；＇80＇ none reign now but the bishops； who live in grandeur while we are quite eclipsed。〃
This was the reason that the mayors； who durst not attack the lords； stripped the churches； and one of the motives alleged by Pepin for entering Neustria＇81＇ was his having been invited thither by the clergy to put a stop to the encroachments of the kings； that is； of the mayors； who deprived the church of all her possessions。
The Mayors of Austrasia； that is the family of the Pepins； had behaved towards the clergy with more moderation than those of Neustria and Burgundy。 This is evident from our chronicles；＇82＇ in which we see the monks perpetually extolling the devotion and liberality of the Pepins。 They themselves had been possessed of the first places in the church。 〃One crow does not pull out the eyes of another〃； as Chilperic said to the bishops。＇83＇
Pepin subdued Neustria and Burgundy； but as his pretence for destroying the mayors and kings was the grievances of the clergy； he could not strip the latter without acting inconsistently with his cause； and showing that he made a jest of the nation。 However； the conquest of two great kingdoms and the destruction of the opposite party afforded him sufficient means of satisfying his generals。
Pepin made himself master of the monarchy by protecting the clergy； his son； Charles Martel； could not maintain his power but by oppressing them。 This prince； finding that part of the regal and fiscal lands had been given either for life； or in perpetuity； to the nobility； and that the church by receiving both from rich and poor had acquired a great part even of the allodial estates； he resolved to strip the clergy； and as the fiefs of the first division were no longer in being； he formed a second。＇84＇ He took for himself and for his officers the church…lands and the churches themselves； thus he remedied an evil which differed from ordinary diseases； as its extremity rendered it the more easy to cure。
10。 Riches of the Clergy。 So great were the donations made to the clergy that under the three races of our princes they must have several times received the full property of all the lands of the kingdom。 But if our kings； the nobility； and the people found the way of giving them all their estates； they found also the method of getting them back again。 The spirit of devotion established a great number of churches under the first race； but the military spirit was the cause of their being given away afterwards to the soldiery； who divided them among their children。 What a number of lands must have then been taken from the clergy's mensalia/ The kings of the second race opened their hands； and made new donations to them； but the Normans； who came afterwards； plundered and ravaged all before them； wreaking their vengeance chiefly on the priests and monks； and devoting every religious house to destruction。 For they charged those ecclesiastics with the destruction of their idols； and with all the