CHAP. XXIV.: That the Freemen were rendered capable of holding Fiefs.

I SAID that the freemen were led against the enemy by their count, and the vassals by their lord. This was the reason that the several orders of the state balanced each other; and though the king’s vassals had other vassals under them, yet they might be overawed by the count who was at the head of all the freemen of the monarchy.

The freemen See what has been said already, book xxx. last chapter towards the end. ^†1270 were not allowed at first to do homage

for a fief; but in process of time this was permitted: and I find that this change was made during the period that elapsed from the reign of Gontram to that of Charlemaign. This I prove by the comparison which may be drawn between the treaty of Andely In the year 587. in Gregory of Tours, book 9. ^†1271, signed by Gontram, Childebert, and queen Brunechild, and the See the following chapter, where I shall speak more diffusively of those partitions; and the notes in which they are quoted. ^†1272 partition made by Charlemaign amongst his children, as well as a like partition by Lewis the Debonnaire. These three acts contain nearly the same regulations, with regard to the vassals; and as they determine the very same points, under almost the same circumstances, the spirit as well as the letter of those three treaties in this respect are very much alike.

But as to what concerns the freemen, there is a capital difference. The treaty of Andely does not say that they might do homage for a fief; whereas we find in the divisions of Charlemaign and Lewis the Debonnaire express clauses to empower them to do homage. This shews that a new usage had been introduced after the treaty of Andely, whereby the freemen were become capable of this great privilege.

This must have happened when Charles Martel, after distributing the church-lands to his soldiers, partly in fief, and partly as allodia, made a kind of revolution in the feudal laws. It is very probable that the nobility who were seized already of fiefs, found a greater advantage in receiving the new grants as allodia; and that the freemen thought themselves happy in accepting them as fiefs.