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express terms that it was the ancient custom for freemen to perform military service； and to furnish likewise the horses and carriages above…mentioned； duties particular to themselves； and from which those who possessed the fiefs were exempt； as I shall prove hereafter。
This is not all； there was a regulation which hardly permitted the imposing of taxes on those freemen。＇55＇ He who had four manors was obliged to march against the enemy：＇56＇ he who had but three was joined with a freeman that had only one； the latter bore the fourth part of the other's charges； and stayed at home。 In like manner； they joined two freemen who had each two manors； he who went to the army had half his charges borne by him who stayed at home。
Again； we have an infinite number of charters； in which the privileges of fiefs are granted to lands or districts possessed by freemen； and of which I shall make further mention hereafter。＇57＇ These lands are exempted from all the duties or services which were required of them by the counts； and by the rest of the king's officers； and as all these services are particularly enumerated without making any mention of taxes； it is manifest that no taxes were imposed upon them。
It was very natural that the Roman system of taxation should of itself fall out of use in the monarchy of the Franks； it was a most complicated device； far above the conception； and wide from the plan of those simple people。 Were the Tartars to overrun Europe； we should find it very difficult to make them comprehend what is meant by our financiers。
The anonymous author of the life of Louis the Debonnaire；＇58＇ speaking of the counts and other officers of the nation of the Franks； whom Charlemagne established in Aquitania； says； that he entrusted them with the care of defending the frontiers； as also with the military power and the direction of the demesnes belonging to the crown。 This shows the state of the royal revenues under the second race。 The prince had kept his demesnes in his own hands； and employed his bondmen in improving them。 But the indictions； the capitations and other imposts raised at the time of the emperors on the persons or goods of freemen had been changed into an obligation of defending the frontiers and marching against the enemy。
In the same history；＇59＇ we find that Louis the Debonnaire； having been to wait upon his father in Germany； this prince asked him； why he； who was a crowned head； came to be so poor： to which Louis made answer that he was only a nominal king； and that the great lords were possessed of almost all his demesnes； that Charlemagne； being apprehensive lest this young prince should forfeit their affection； if he attempted himself to resume what he had inconsiderately granted； appointed commissaries to restore things to their former situation。
The bishops； writing＇60＇ to Louis； brother of Charles the Bald； used these words： 〃Take care of your lands； that you may not be obliged to travel continually by the houses of the clergy； and to tire their bondmen with carriages。 Manage your affairs；〃 continue they； 〃in such a manner that you may have enough to live upon； and to receive embassies。〃 It is evident that the king's revenues in those days consisted of their demesnes。＇61＇
14。 Of what they called Census。 After the Barbarians had quitted their own country； they were desirous of reducing their usages into writing； but as they found difficulty in writing German words with Roman letters； they published these laws in Latin。
In the confusion and rapidity of the conquest； most things changed their nature； in order； however； to express them； they were obliged to make use of such old Latin words as were most analogous to the new usages。 Thus； whatever was likely to revive the idea of the ancient census of the Romans they called by the name of census tributum；＇62＇ and when things had no relation at all to the Roman census； they expressed； as well as they could； the German words by Roman letters； thus they formed the word fredum； on which I shall have occasion to descant in the following chapters。
The words census and tributum having been employed in an arbitrary manner； this has thrown some obscurity on the signification in which these words were used under our princes of the first and second race。 And modern authors＇63＇ who have adopted particular systems； having found these words in the writings of those days； imagined that what was then called census was exactly the census of the Romans； and thence they inferred this consequence； that our kings of the first two races had put themselves in the place of the Roman emperors； and made no change in their administration。＇64＇ Besides； as particular duties raised under the second race were by change and by certain restrictions converted into others；＇65＇ they inferred thence that these duties were the census of the Romans； and as； since the modern regulations； they found that the crown demesnes were absolutely unalienable； they pretended that those duties which represented the Roman census； and did not form a part of the demesnes； were mere usurpation。 I omit the other consequences。
To apply the ideas of the present time to distant ages is the most fruitful source of error。 To those people who want to modernize all the ancient ages； I shall say what the Egyptian priests said to Solon； 〃O Athenians； you are mere children！〃＇66＇
15。 That what they called Census was raised only on the Bondmen and not on the Freemen。 The king； the clergy； and the lords raised regular taxes； each on the bondmen of their respective demesnes。 I prove it with respect to the king； by the capitulary de Villis； with regard to the clergy； by the codes of the laws of the Barbarians＇67＇ and in relation to the lords； by the regulations which Charlemagne made concerning this subject。＇68＇
These taxes were called census； they were economical and not fiscal claims； entirely private dues and not public taxes。
I affirm that what they called census at that time was a tax raised upon the bondmen。 This I prove by a formulary of Marculfus containing a permission from the king to enter into holy orders； provided the persons be freeborn；＇69＇ and not enrolled in the register of the census。 I prove it also by a commission from Charlemagne to a count＇70＇ whom he had sent into Saxony； which contains the enfranchisement of the Saxons for having embraced Christianity； and is properly a charter of freedom。＇71＇ This prince restores them to their former civil liberty；＇72＇ and exempts them from paying the census； It was； therefore； the same thing to be a bondman as to pay the census； to be free as not to pay it。
By a kind of letters patent of the same prince in favour of the Spaniards；＇73＇ who had been received into the monarchy； the counts are forbidden to demand any census of them； or to deprive them of their lands。 That strangers upon their coming to France were treated as bondmen is a thing well known； and Charlemagne being desirous they should be considered as freemen； since he would have them be proprietors of their lands； forbad the demanding any census of them。
A capitulary of Charles the Bald；＇74＇ given in favour of those very Spaniards； orders them to be treated like the other Franks； and forbids the requiring any census of them； consequently this census was not paid by freemen。
The thirtieth article of the edict of Pistes reforms the abuse by which several of the husbandmen belonging to the king or to the church sold the lands dependent on their manors to ecclesiastics or to people of their condition； reserving only a small cottage to themselves； by which means they avoided paying the census； and it ordains that things should be restored to their primitive situation： the census was； therefore； a tax peculiar to bondmen。
Thence also it follows that there was no general census in the monarchy； and this is clear from a great number of passages。 For what could be the meaning of this capitulary？＇75＇ 〃We ordain that the royal census should be levied in all places where formerly it was lawfully levied。〃＇76＇ What could be the meaning of that in which Charlemagne＇77＇ orders his commissaries in the provinces to make an exact inquiry into all the census that belonged in former times to the king's demesne？＇78＇ And of that＇79＇ in which he disposes of the census paid by those＇80＇ of whom they are demanded？ What can that other capitulary mean＇81＇ in which we read； 〃If any person has acquired a tributary land＇82＇ on which we were accustomed to levy the census？〃 And that other； in fine；＇83＇ in which Charles the Bald＇84＇ makes mention of feudal lands whose census had from time immemorial belonged to the king。
Observe 。that there are some passages which seem at first sight to be contrary to what I have said； and yet confirm it。 We have already seen that the freemen in the monarchy were obliged only to furnish particular carriages； the capitulary just now cited gives to this the name of census； and opposes it to the census paid by the bondmen。
Besides； the edict of Pistes＇85＇ notices those freemen who are obliged to pay the royal census for their head and for their cottages；＇86＇ and who had sold themselves during the famine。 The king orders them to be ransomed。 This is because those who wer