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ould not give also in fief； so that whatever they had given； they might always resume。 Besides； a grant of that kind did not descend to the children like the fiefs； because it was not supposed to have been made according to the feudal laws。
If we compare the situation in which the rear…vassalage was at the time when the two Milanese senators wrote those books； with what it was under King Pepin； we shall find that the rear…fiefs preserved their primitive nature longer than the fiefs。＇179＇
But when those senators wrote； such general exceptions had been made to this rule as had almost abolished it。 For if a person who had received a fief of a rear…vassal happened to follow him upon an expedition to Rome； he was entitled to all the privileges of a vassal。＇180＇ In like manner； if he had given money to the rear…vassal to obtain the fief； the latter could not take it from him； nor hinder him from transmitting it to his son； till he returned him his money： in fine； this rule was no longer observed by the senate of Milan。＇181＇
27。 Another change which happened in the Fiefs。 In Charlemagne's time they were obliged；＇182＇ under great penalties； to repair to the general meeting in case of any war whatsoever； they admitted of no excuses； and if the count exempted any one； he was liable himself to be punished。 But the treaty of the three brothers＇183＇ made a restriction upon this head which rescued the nobility； as it were； out of the king's hands； they were no longer obliged to serve him in time of war； except when the war was defensive。＇184＇ In others； they were at liberty to follow their lord； or to mind their own business。 This treaty relates to another；＇185＇ concluded； five years before； between the two brothers； Charles the Bald and Louis； King of Germany； by which these princes release their vassals from serving them in war； in case they should attempt hostilities against each other； an agreement which the two princes confirmed by oath； and at the same time made their armies swear to it。
The death of a hundred thousand French； at the battle of Fontenay； made the remains of the nobility imagine that by the private quarrels of their kings about their respective shares； their whole body would be exterminated； and that the ambition and jealousy of those princes would end in the destruction of all the best families of the kingdom。 A law was therefore passed that the nobility should not be obliged to serve their princes in war unless it was to defend the state against a foreign invasion。 This law obtained for several ages。＇186＇
28。 Changes which happened in the great Offices； and in the Fiefs。 The many changes introduced into the fiefs in particular cases seemed to spread so widely as to be productive of general corruption。 I noticed that in the beginning several fiefs had been alienated in perpetuity； but those were particular cases； and the fiefs in general preserved their nature； so that if the crown lost some fiefs it substituted others in their stead。 I observed； likewise； that the crown had never alienated the great offices in perpetuity。＇187＇
But Charles the Bald made a general regulation； which equally affected the great offices and the fiefs。 He ordained； in his capitularies； that the counties should be given to the children of the count； and that this regulation should also take place in respect to the fiefs。＇188＇
We shall see presently that this regulation received a wider extension； insomuch that the great offices and fiefs went even to distant relatives。 Thence it followed that most of the lords who before this time had held immediately of the crown； held now mediately。 Those counts who formerly administered justice in the king's placita； and who led the freemen against the enemy； found themselves situated between the king and his freemen； and the king's power was removed farther off another degree。
Again； it appears from the capitularies；＇189＇ that the counts had benefices annexed to their counties； and vassals under them。 When the counties became hereditary； the count's vassals were no longer the immediate vassals of the king； and the benefices annexed to the counties were no longer the king's benefices； the counts grew powerful because the vassals whom they had already under them enabled them to procure others。
In order to be convinced how much the monarchy was thereby weakened towards the end of the second race we have only to cast an eye on what happened at the beginning of the third； when the multiplicity of rear…fiefs flung the great vassals into despair。
It was a custom of the kingdom＇190＇ that when the elder brothers had given shares to their younger brothers； the latter paid homage to the elder； so that those shares were held of the lord paramount only as a rear…fief。 Philip Augustus； the Duke of Burgundy； the Counts of Nevers； Boulogne； St。 Paul； Dampierre； and other lords declared＇191＇ that henceforward； whether the fiefs were divided by succession or otherwise； the whole should be always of the same lord； without any intermediation。 This ordinance was not generally followed； for； as I have elsewhere observed； it was impossible to make general ordinances at that time； but many of our customs were regulated by them。
29。 Of the Nature of the Fiefs after the Reign of Charles the Bald。 We have observed that Charles the Bald ordained that when the possessor of a great office or of a fief left a son at his death； the office or fief should devolve to him。 It would be a difficult matter to trace the progress of the abuses which thence resulted； and of the extension given to that law in each country。 I find in the books of fiefs；＇192＇ that towards the beginning of the reign of the Emperor Conrad II； the fiefs situated in his dominions did not descend to the grandchildren： they descended only to one of the last possessor's children； who had been chosen by the lord：＇193＇ thus the fiefs were given by a kind of election； which the lord made among the children。
In the seventeenth chapter of this book we have explained in what manner the crown was in some respects elective； and in others hereditary under the second race。 It was hereditary； because the kings were always taken from that family； and because the children succeeded； it was elective； by reason that the people chose from among the children。 As things proceed step by step； and one political law has constantly some relation to another political law； the same spirit was followed in the succession of fiefs； as had been observed in the succession to the crown。＇194＇ Thus the fiefs were transmitted to the children by the right of succession； as well as of election； and each fief became both elective and hereditary； like the crown。
This right of election＇195＇ in the person of the lord was not subsisting at the time of the authors＇196＇ of the book of fiefs； that is； in the reign of the Emperor Frederick I。
30。 The same Subject continued。 It is mentioned in the books of fiefs； that when the Emperor Conrad set out for Rome； the vassals in his service presented a petition to him that he would please to make a law that the fiefs which descended to the children should descend also to the grandchildren； and that he whose brother died without legitimate heirs might succeed to the fief which had belonged to their common father。＇197＇ This was granted。
In the same place it is said （and we are to remember that those writers lived at the time of the Emperor Frederick I）＇198＇ 〃that the ancient jurists had always been of opinion＇199＇ that the succession of fiefs in a collateral line did not extend farther than to brothers…german； though of late it was carried as far as the seventh degree； and by the new code they had extended it in a direct line in infinitum。〃 It is thus that Conrad's law was insensibly extended。 All these things being supposed； the bare perusal of the history of France is sufficient to demonstrate that the perpetuity of fiefs was established earlier in this kingdom than in Germany。 Towards the commencement of the reign of the Emperor Conrad II in 1024； things were upon the same footing still in Germany； as they had been in France during the reign of Charles the Bald； who died in 877。 But such were the changes made in this kingdom after the reign of Charles the Bald； that Charles the Simple found himself unable to dispute with a foreign house his incontestable rights to the empire； and； in fine； that in Hugh Capet's time the reigning family； stripped of all its demesnes； was no longer in a condition to maintain the crown。
The weak understanding of Charles the Bald produced an equal weakness in the French monarchy。 But as his brother； Louis； King of Germany； and some of that prince's successors were men of better parts； their government preserved its vigour much longer。
But what do I say？ Perhaps the phlegmatic constitution； and； if I dare use the expression； the immutability of spirit peculiar to the German nation made a longer stand than the volatile temper of the French against that disposition of things； which perpetuated the fiefs by a natural tendency； in families。
Besides； the kingdom of Germany was not laid waste and annihilated； as it were； like that of France； by that particular kind of war with which it had been harassed by t