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The churches had therefore the right of demanding the payment of compositions in their territory； and of insisting upon the fredum； and as those rights necessarily implied that of hindering the king's officers from entering upon the territory to demand these freda and to exercise acts of judicature； the right which ecclesiastics had of administering justice in their own territory was called immunity； in the style of the formularies； of the charters； and of the capitularies。＇164＇
The law of the Ripuarians＇165＇ forbids the freedom of the churches＇166＇ to hold the assembly for administering justice in any other place than in the church where they were manumitted。＇167＇ The churches had therefore jurisdictions even over freemen； and held their placita in the earliest times of the monarchy。
I find in the Lives of the Saints＇168＇ that Clovis gave to a certain holy person power over a district of six leagues； and exempted it from all manner of jurisdiction。 This； I believe； is a falsity； but it is a falsity of a very ancient date； both the truth and the fiction contained in that life are in relation to the customs and laws of those times； and it is these customs and laws we are investigating。＇169＇
Clotharius II orders the bishops or the nobility who are possessed of estates in distant parts； to choose upon the very spot those who are to administer justice； or to receive the judiciary emoluments。＇170＇
The same prince regulates the judiciary power between the ecclesiastic courts and his officers。＇171＇ The Capitulary of Charlemagne in the year 802 prescribes to the bishops and abbots the qualifications necessary for their officers of justice。 Another capitulary of the same prince inhibits the royal officers＇172＇ to exercise any jurisdiction over those who are employed in cultivating church lands； except they entered into that state by fraud； and to exempt themselves from contributing to the public charges。＇173＇ The bishops assembled at Rheims made a declaration that the vassals belonging to the respective churches are within their im…munity。＇174＇ The Capitulary of Charlemagne in the year 806 ordains that the churches should have both criminal and civil jurisdiction over those who live upon their lands。＇175＇ In fine； as the capitulary of Charles the Bald＇176＇ distinguishes between the king's jurisdiction； that of the lords； and that of the church； I shall say nothing further upon this subject。
22。 That the Jurisdictions were established before the End of the Second Race。 It has been pretended that the vassals usurped the jurisdiction in their seigniories； during the confusion of the second race。 Those who choose rather to form a general proposition than to examine it found it easier to say that the vassals did not possess than to discover how they came to possess。 But the jurisdictions do not owe their origin to usurpations； they are derived from the primitive establishment； and not from its corruption。
〃He who kills a freeman；〃 says the law of the Bavarians； 〃shall pay a composition to his relatives if he has any； if not； he shall pay it to the duke； or to the person under whose protection he had put himself in his lifetime。〃＇177＇ it is well known what it was to put oneself under the protection of another for a benefice。
〃He who had been robbed of his bondman；〃 says the law of the Alemans； 〃shall have recourse to the prince to whom the robber is subject； to the end that he may obtain a composition。〃＇178＇
〃If a centenarius；〃 says the decree of Childebert； 〃finds a robber in another hundred than his own； or in the limits of our faithful vassals； and does not drive him out； he shall be answerable for the robber； or purge himself by oath。〃＇179＇ There was therefore a difference between the district of the centenarii and that of the vassals。
This decree of Childebert＇180＇ explains the constitution of Clotharius of the same year； which being given for the same occasion and on the same matter differs only in the terms； the constitution calling in truste what by the decree is styled in terminis fidelium nostrorum。 Messieurs Bignon and Ducange； who pretend that in truste signified another king's demesne； are mistaken in their conjecture。＇181＇
Pepin； King of Italy； in a constitution that had been made as well for the Franks as for the Lombards；＇182＇ after imposing penalties on the counts and other royal officers for prevarications or delays in the administration of justice； ordains that if it happens that a Frank or a Lombard； possessed of a fief； is unwilling to administer justice； the judge to whose district he belongs shall suspend the exercise of his fief； and in the meantime； either the judge or his commissary shall administer justice。＇183＇
It appears by a Capitulary of Charlemagne；＇184＇ that the kings did not levy the freda in all places。 Another capitulary of the same prince shows the feudal laws＇185＇ and feudal court to have been already established。 Another of Louis the Debonnaire ordains that when a person possessed of a fief does not administer justice；＇186＇ or binders it from being administered； the king's commissaries shall live in his house at discretion； till justice be administered。 I shall likewise quote two capitularies of Charles the Bald； one of the year 861；＇187＇ where we find the particular jurisdictions established； with judges and subordinate officers； and the other of the year 864；＇188＇ where he makes a distinction between his own seigniories and those of private persons。
We have not the original grants of the fiefs； because they were established by the partition which is known to have been made among the conquerors。 It cannot； therefore； be proved by original contracts that the jurisdictions were at first annexed to the fiefs： but if in the formularies of the confirmations； or of the translations of those fiefs in perpetuity； we find； as already has been observed； that the jurisdiction was there established； this judiciary right must certainly have been inherent in the fief and one of its chief privileges。
We have a far greater number of records that establish the patrimonial jurisdiction of the clergy in 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 G