A capitulary of Charles the Bald, promulgated in 877, contains the two following provisions:-- "If, after our death, any one of our lieges, moved by love for God and our person, desire to renounce the world, and if he have a son or other relative capable of serving the public weal, let him be free to transmit to him his benefices and his honor, according to his pleasure." "If a count of this kingdom happen to die, and his son be about our person, we will that our son; together with those of our lieges who may chance to be the nearest relatives of the deceased count, as well as with the other officers of the said countship and the bishop of the diocese wherein it is situated, shall provide for its administration until the death of the heretofore count shall have been announced to us and we have been enabled to confer on the son, present at our court, the honors wherewith his father was invested." Thus the king still retained the nominal right of conferring on the son the offices or local functions of the father, but he recognized in the son the right to obtain them.

A host of documents testify that at this epoch, when, on the death of a governor of a province, the king attempted to give his countship to some one else than his descendants, not only did personal interest resist, but such a measure was considered a violation of right.

Under the reign of Louis the Stutterer, son of Charles the Bald, two of his lieges, Wilhelm and Engelschalk, held two countships on the confines of Bavaria; and, at their death, their offices were given to Count Arbo, to the prejudice of their sons.

"The children and their relatives," says the chronicler, "taking that as a gross injustice, said that matters ought to go differently, and that they would die by the sword or Arbo should give up the courtship of their family." Heirship in territorial ownerships and their local rights, whatever may have originally been their character; heirship in local offices or powers, military or civil, primarily conferred by the king; and, by consequence, hereditary union of territorial ownership and local government, under the condition, a little confused and precarious, of subordinated relations and duties between suzerain and vassal--such was, in law and in fact, the feudal order of things.

From the ninth to the tenth century it had acquired full force.
This order of things being thus well defined, we find ourselves face to face with an indisputable historic fact: no period, no system has ever, in France, remained so odious to the public instincts.