Endmatter

Endnotes

^†1 Cæsar said of the Gauls, that they were spoiled by the neighbourhood and the commerce of Marseilles; insomuch that they who formerly always conquered the Germans, were now become inferior to them. War of the Gauls, lib. 6.

^†2 Holland.

^†3 Et qui modo hospes fuerat, monstrator hospitii. De morib. Germ. Vid. Cæsar, de bello Gal. lib. 6.

^†4 Tit. 38.

^†5 Nolo eundum populum imperatorem & portitorem esse terrarum.

^†6 Justin, l. 43, c. 3.

^†7 Du Halde, vol. 2. p. 70.

^†8 This was first established by the Portuguese. Fr. Pirard’s voyages, chap. 15. part 2.

^†9 Act of navigation, 1660. It is only in the time of war, that the merchants of Boston and Philadelphia send their vessels directly to the Mediterranean.

^†10 Published at Cadiz, in March 1740.

^†11 Plutarch, in his treatise against lending upon usury.

^†12 Diodorus, book i. part 2. chap. 3.

^†13 The Greek legislators were to blame in preventing the arms and plough of any man from being taken in pledge, and yet permitting the taking of the man himself. Diodorus, book i. part 2. chap. 3.

^†14 Hypotiposes, book 1. chap. 14.

^†15 On Laws, book 8.

^†16 Zonaras.

^†17 Leg. nobiliores cod. de comm. et leg. ult. de rescind. vendit.

^†18 This is actually very often the case in such governments.

^†19 Pliny, lib. vi. cap. 23.

^†20 See Pliny, book vi. chap 19. and Strabo, book xv.

^†21 Lib. vi.

^†22 Lib. ii.

^†23 Diodorus, lib. ii.

^†24 Ib.

^†25 Pliny, lib. vi. cap. 16. & Strabo, lib. xi.

^†26 Strabo, lib. xi.

^†27 Strabo, lib. xi.

^†28 The authority of Patroclus is of great weight, as appears from a passage in Strabo, lib. ii.

^†29 See Pliny, lib. vi. cap. 17. See also Strabo, lib. xi. upon the passage by which the merchandises were conveyed from the Phasis to the Cyrus.

^†30 There must have been very great changes in that country since the time of Ptolemy, who gives us an account of so many rivers, that empty themselves into the east side of the Caspian sea. In the Czar’s chart we find only the river of Astrabat; in that of M. Bathalsi there is none at all.

^†31 See Jenkinson’s account of this, in the Collection of Voyages to the North. Vol. iv.

^†32 I am apt to think, that from thence the lake Aral was formed.

^†33 Claudius Cæsar, in Plin. lib. vi. cap. 11.

^†34 He was slain by Ptolemy Ceraunus.

^†35 See Strabo, lib. xi.

^†36 They founded Tartessus, and made a settlement at Cadiz.

^†37 Kings, lib. i. c. 9. Chron. lib. ii. c. 8.

^†38 Against Appian.

^†39 Chap. 1. of this book.

^†40 The proportion betwixt gold and silver, as settled in Europe, may sometimes render it profitable to take gold instead of silver into the East-Indies; but the advantage is very trifling.

^†41 See Pliny, lib. vi. cap. 22. and Strabo, lib. xv.

^†42 They are mostly shallow; but Sicily has excellent ports.

^†43 I say the province of Holland; for the ports of Zealand are deep enough.

^†44 That is, to compare magnitudes of the same kind, the action or pressure of the fluid upon the ship, will be to the resistance of the same ship as, &c.

^†45 The King of Persia.

^†46 On the Athenian republic.

^†47 See Strabo, lib. 8.

^†48 Iliad, lib. ii.

^†49 Ibid.

^†50 Strabo, lib. ix. p. 914.

^†51 Strabo, lib. xv.

^†52 Herodotus in Melpomene.

^†53 Strabo, lib. xv.

^†54 Strabo, lib. xv.

^†55 Pliny, lib. vi. cap. 23. Strabo, lib. xv.

^†56 They sailed not upon the rivers, lest they should defile the elements. Hyde’s Religion of the Persians. Even to this day they have no maritime commerce. Those who take to the sea, are treated by them as atheists.

^†57 Strabo, lib. xv.

^†58 Herodotus (in Melpomene) says, that Darius conquered the Indies; this must be understood only to mean Ariana; and even this was only an ideal conquest.

^†59 Strabo, lib. xv.

^†60 This cannot be understood of all the Ichthyophagi, who inhabited a coast of ten thousand furlongs in extent. How was it possible for Alexander to have maintained them? How could he command their submission? This can be understood only of some particular tribes. Nearchus, in his book, Rerum Indicarum, says, that at the extremity of this coast, on the side of Persia, he had found some people, who were less Ichthyophagi than the others. I should think that Alexander’s prohibition related to these people, or to some other tribe, still more bordering on Persia.

^†61 Alexandria was founded on a flat shore, called Rhacotis, where, in ancient times, the kings had kept a garrison, to prevent all strangers, and more particularly the Greeks, from entering the country. Pliny, lib. vi. cap. 10. Strabo, lib. xviii.

^†62 Arrian. de expedit. Alexandri, lib. vii.

^†63 Ibid.

^†64 Strabo, lib. vi. towards the end.

^†65 Seeing Babylon overflowed, he looked upon the neighbouring country of Arabia as an island. Aristob. in Strabo, lib. xvi.

^†66 See the book, Rerum Indicarum.

^†67 Strabo, lib. xvi.

^†68 Ibid.

^†69 These gave them an aversion to strangers.

^†70 Pliny, lib. ii. cap. 67. and lib. vi. cap. 9. and 12. and Strabo, lib. xi. Arrian. de expedit. Alexandri, lib. iii. p. 74. and lib. v. p. 104.

^†71 Arrian. de expedit. Alexandri, lib. vii.

^†72 Pliny, lib. ii. cap. 64.

^†73 See the Czar’s chart.

^†74 Pliny, lib. vi. cap. 17.

^†75 Lib. xv.

^†76 Apollonius Adrumatinus in Strabo, lib. ii.

^†77 The Macedonians of Bactria, India, and Ariana, having separated themselves from Syria, formed a great state.

^†78 Lib. vi. cap. 23.

^†79 Pliny, lib. vi. cap 23.

^†80 Lib. xi. Sigertidis regnum.

^†81 The monsoons blow part of the year from one quarter, and part from another; the trade winds blow the whole year round from the same quarter.

^†82 Lib. vi. cap. 23.

^†83 Herodotus in Melpomene.

^†84 Pliny, lib. vi. cap. 23.

^†85 Ibid.

^†86 Lib. xv.

^†87 Pliny, lib. vi. cap. 23.

^†88 Lib. xv.

^†89 He was desirous of conquering it. Herodotus, lib. iv.

^†90 Pliny, lib. ii. cap. 67. Pomponius Mela, lib. iii. cap. 9.

^†91 Herodotus in Melpomene.

^†92 Add to this what I shall say in chap xi. of this book, on the navigation of Hanno.

^†93 In the months of October, November, December, and January, the wind in the Atlantic ocean is found to blow north-east; our ships, therefore, either cross the line, and to avoid the wind which is there generally at east, they direct their course to the south; or else they enter into the torrid zone, in those places where the wind is at west.

^†94 The sea to which we give this name was called by the ancients the gulph of Arabia; the name of Red sea they gave to that part of the ocean which borders on this gulph.

^†95 Strabo, lib. xvi.

^†96 Ibid. Artemidorus settled the borders of the known coast at the place called Austricornu; and Eratosthenes, Cinnamomiferam.

^†97 Strabo, lib. i. cap. 7. lib. iv. cap. 9. table 4. of Africa.

^†98 This Periplus is attributed to Arrian.

^†99 Ptol. lib. iv. cap. 9.

^†100 Lib. iv. cap. 7 and 8.

^†101 See what exact descriptions Strabo and Ptolemy have given us of the different parts of Africa. Their knowledge was owing to the several wars, which the two most powerful nations in the world had waged with the people of Africa, to the alliances they had contracted, and to the trade they had carried on with those countries.

^†102 Lib. vii. cap. 3.

^†103 See his Periplus under the article of Carthage.

^†104 See Herodotus in Melpomene on the obstacles which Sataspe encountered.

^†105 See the charts and relations in the first volume of voyages that contributed to the establishment of an East-India company, part i. p. 201. This weed covers the surface of the water in such a manner, as to be scarcely perceived, and ships can only pass through it with a stiff gale.

^†106 Pliny tells us the same thing, speaking of mount Atlas: Noctibus micare crebris ignibus, tibiarum cantu timpanorumque sonitu strepere, neminem interdiu cerni.

^†107 Mr. Dodwell. See his Dissertation on Hanno’s Periplus.

^†108 Of wonderful things.

^†109 Lib. iii.

^†110 Lib. vi.

^†111 Mons Argentarius.

^†112 He had some share in their management.

^†113 See Festus Avienus

^†114 Strabo, lib. iii. towards the end.

^†115 He was rewarded by the senate of Carthage.

^†116 Frenshemius’s Supplement to Livy, Decad. ii.

^†117 In the parts subject to the Carthaginians.

^†118 Justin, lib. xliii. cap. 5.

^†119 See Strabo, lib. x.

^†120 He confirmed the liberty of the city of Amisus, an Athenian colony, which had enjoyed a popular government, even under the kings of Persia. Lucullus having taken Sinone and Amisus, restored them to their liberty, and recalled the inhabitants, who had fled on board their ships.

^†121 See what Appian writes concerning the Phanagoreans, the Amisians, and the Synopians, in his treatise of the Mithridatic war.

^†122 See Appian, in regard to the immense treasures which Mithridates employed in his wars, those which he had buried, those which he frequently lost by the treachery of his own people, and those which were found after his death.

^†123 See Appian on the Mithridatic war.

^†124 Ibid.

^†125 He lost at one time 170,000 men, yet he soon recruited his armies.

^†126 In the Considerations on the causes of the rise and declension of the Roman grandeur.

^†127 As Plato has observed, lib. 4. of laws.

^†128 Polybius, lib. 5.

^†129 See the Considerations on the causes of the rise and declension of the Roman grandeur.

^†130 Ibid.

^†131 Leg. v. ff. de Captivis.

^†132 Quæ mer cimoniis publicè præfuit. Leg. v. cod. de natural. liberis.

^†133 Leg. ad barbaricum cod. Quæ res exportari non debeant.

^†134 Leg. 2. cod. de commerc. & mercator.

^†135 Leg. 2. Quæ res exportari non debeant, and Procopius, war of the Persians, book 1.

^†136 See the Chronicles of Eusebius and Cedrenus.

^†137 See the Considerations on the causes of the rise and declension of the Roman grandeur.

^†138 Pliny, lib. vi. cap. 28. and Strabo, lib. xvi.

^†139 Ibid.

^†140 The caravans of Aleppo and Suez carry thither annually to the value of about two millions of livres, and as much more clandestinely; the royal vessel of Suez carries thither also two millions.

^†141 Lib. ii. pag. 81.

^†142 Lib. vi. cap. 23.

^†143 He says, in his 12th book, that the Romans employed a hundred and twenty ships in that trade; and in the 17th book, that the Grecian kings scarcely employed twenty.

^†144 Lib. i. cap. 2.

^†145 Lib. i. cap. 13.

^†146 Our best maps place Peter’s tower in the hundredth degree of longitude, and about the fortieth of latitude.

^†147 Suet. in Claudio, leg. 8. Cod. Theodos. de naviculariis.

^†148 Lib. viii. Tit. 4. sect. 9.

^†149 Toto titulo ff. de incend. ruin. & naufrag. & cod. de naufragiis, & leg. iii. ff. ad leg. Cornel. de ficariis.

^†150 Leg. i. cod. de naufragiis.

^†151 Lib. ii. Tit. 3. sect. 2.

^†152 See Aristot. polit. lib. i. cap. 9 & 10.

^†153 See in Marca Hispanica the constitutions of Aragon in the years 1228, and 1233; and in Brussel, the agreement in the year 1206, between the king, the countess of Champagne, and Guy of Dampierre.

^†154 Stowe’s Survey of London, book iii. page 54.

^†155 The edict passed at Baville, April 4, 1392.

^†156 In France, the Jews were slaves in mortmain, and the lords their successors. Mr. Brussels mentions an agreement made in the year 1206, between the king and Thibaut Count of Champagne, by which it was agreed, that the Jews of the one should not lend in the lands of the other.

^†157 It is known, that under Philip-Augustus and Philip the Long, the Jews who were chased from France took refuge in Lombardy, and that there they gave to foreign merchants and travellers secret letters, drawn upon those to whom they had entrusted their effects in France, which were accepted.

^†158 See the 83d novel of the emperor Leo, which revokes the law of Basil his father. This law of Basil is in Hermenopolus, under the name of Leo, lib. iii. tit. 7. sect. 27.

^†159 See the relation of Fr. Pirard, part ii. chap. 15.

^†160 This, in the language of the ancients, is the state which founded the colony.

^†161 Except the Carthaginians, as we see by the treaty which put an end to the first Punic war.

^†162 Polyb. lib. iii.

^†163 The king of Persia obliged himself by treaty, not to sail with any vessel of war beyond the Cyancan rocks, and the Chelidonean isles. Plutarch, in the life of Cymon.

^†164 Aristotle on wonderful things. Livy, lib. vii. Dec. 2.

^†165 Tome ii. page 170.

^†166 This has been already shewn in a small treatise, written by the author about twenty years ago; which has been almost intirely incorporated in the present work.

^†167 See Frezier’s voyages.

^†168 According to Lord Anson, Europe receives every year from Brasil two millions sterling in gold, which is found in sand at the foot of the mountains, or in the beds of rivers. When I wrote the little treatise mentioned in the first note of this chapter, the returns from Brasil were far from being so considerable an object as they are at present.

^†169 The salt made use of for this purpose in Abyssinia has this defect, that it is continually wasting away.

^†170 Herodotus, in Clio, tells us, that the Lydians found out the art of coining money; the Greeks learnt it from them; the Athenian coin had the impression of their ancient ox. I have seen one of those pieces in the Earl of Pombroke’s cabinet.

^†171 It is an ancient custom in Algiers, for the father of a family to have a treasure concealed in the earth. Hist. of the Kingdom of Algiers by Logier de Tassis.

^†172 Cæsar, on the Civil War, book iii.

^†173 Tacitus, lib. vi.

^†174 The Laws of the Saxons, chap. 18.

^†175 See chap. xii. of this book.

^†176 Supposing a mark or eight ounces of silver to be worth forty-nine livres, and copper twenty sols per pound.

^†177 History of the civil wars of the Spaniards in the West Indies.

^†178 In France, Mr. Law’s project was called by this name.

^†179 History of the Church, by Socrates, lib. ii.

^†180 The Dutch regulate the exchange for almost all Europe, by a kind of determination amongst themselves, in a manner most agreeable to their own interests.

^†181 There is much specie in a place, when there is more specie than paper; there is little, when there is more paper than specie.

^†182 With the expences of carriage and insurance deducted.

^†183 In 1744.

^†184 See book xx. chap. 21.

^†185 Pliny’s Natural History, lib. xxxiii. art. 13.

^†186 Ibid.

^†187 They received ten ounces of copper for twenty.

^†188 They received sixteen ounces of copper for twenty.

^†189 Pliny, lib. xxxiii. art. 5.

^†190 Freinshemius, lib. v. of Decad. ii.

^†191 Freinshemius, lib. v. decad. ii. They struck also, says the same author, half denarii, called quinarii; and quarters, called sesterces.

^†192 An eighth, according to Budæus; according to other authors, a seventh.

^†193 Pliny’s Nat. Hist. lib. xxxiii. art. 13.

^†194 Ibid.

^†195 See Father Joubert’s Science of Medals, Paris edit. of 1739, pag. 59.

^†196 Extracts of virtues and vices.

^†197 See Savotte, part ii. chap. 12. and Le Journal des Sçavans of the 28th of July, on a discovery of fifty thousand medals.

^†198 See Savotte, ibid.

^†199 Ibid.

^†200 Chap. xvi.

^†201 England.

^†202 We speak not here of gold and silver considered as a merchandize.

^†203 Tacit. Annal. lib. vi.

^†204 Usury and interest among the Romans signified the same thing.

^†205 See Dionysius Halicar. who has described it so well.

^†206 Usuræ semisses, trientes quadrantes. See the several titles of the digests and codes on usury, and especially the 17th law, with the note ff. de Usuris.

^†207 See Appius’s speech on this subject in Dionys. Halicarnass.

^†208 Annal. lib. vi.

^†209 In the year of Rome, 388. Tit. Liv. lib. vi.

^†210 Unciaria usura. Tit. Liv. lib. vii. See the Defence of the Spirit of Laws, article Usury.

^†211 Annal. lib. vi.

^†212 Under the consulate of L. Manlius Torquatus and C. Plautius, according to T. Liv. lib. vii. This is the law mentioned by Tacitus, Annal. lib. vi.

^†213 Semiunciaria usura.

^†214 As Tacitus says, Annal. lib. vi.

^†215 This law was passed at the instance of M. Genucius, tribune of the people. Tit. Liv. lib. vii. towards the end.

^†216 Veteri jam more foenus receptum erat. Appian, on the Civil War, lib. i.

^†217 Permisit eos legibus agere. Appian, on the Civil War, lib. i. and the epitome of Livy, lib. lxiv.

^†218 In the year of Rome, 663.

^†219 Book xi. c. 19.

^†220 Letters to Atticus, lib. v. ep. 21.

^†221 Livy.

^†222 Ibid.

^†223 In the year 561 of Rome. See Livy.

^†224 Annal. lib. vi.

^†225 In the year 615 of Rome.

^†226 See Cicero to Atticus, lib. iv. ep. 15 and 16.

^†227 Ibid. lib. vi. ep. 10.

^†228 Pompey having lent 600 talents to king Ariobarzanes, made that prince pay him thirty-three Attic talents every thirty days. Cic. ad Att. lib. iii. ep. 21. lib. vi. ep. 11.

^†229 Ut neque Salaminiis, neque cui eis dedisset, fraudi esset. Ibid.

^†230 Cicero’s edict fixed it to one per cent. a month, with interest upon interest, at the expiration of the year. With regard to the farmers of the republic, he engaged them to grant a respite to their debtors: if the latter did not pay at the time fixed, he awarded the interest mentioned in the bond. Cic. ad Att. lib. vi. ep. 1.

^†231 See what Lucretius says in the 21st letter to Atticus, lib. 5. There was even a general Senatus Consultum, to fix the rate of interest at one per cent. a month. See the same letter.

^†232 Leg xii. ff. de verb. signif.

^†233 Dryden’s Lucr.

^†234 The Garamantes.

^†235 Lib. i. cap. 8.

^†236 Pater est quem nuptiæ demonstrant.

^†237 For this reason, among nations that have slaves, the child almost always follows the station or condition of the mother.

^†238 Du Halde, tom. i. p. 165.

^†239 Du Halde, vol. ii. p. 129.

^†240 Aristotle, Politics, lib. vi. cap. 4.

^†241 Ibid. lib. iii. cap. 3.

^†242 A new Survey of the West Indies, by Thomas Gage, p. 345, 3d edit.

^†243 A New Survey of the West Indies, by Thomas Gage, p. 97. 3d edit.

^†244 Book xvi. chap. 4.

^†245 See Kempfer, who gives a computation of the people of Meaco.

^†246 Collection of Voyages that contributed to the establishment of the East India company, vol. 1. p. 347.

^†247 Japan is composed of a number of isles, where there are many banks, and the sea is there extremely full of fish.

^†248 China abounds in rivers.

^†249 See Du Halde, tom. ii. p. 130, 142.

^†250 The greatest number of the proprietors of land, says Bishop Burnet, finding more profit in selling their wool than their corn, inclosed their estates: the commons, ready to perish with hunger, rose up in arms; they insisted on a division of the lands: the young king even wrote on this subject. And proclamations were made against those who inclosed their lands. Abridg. of the Hist. of the Reformation.

^†251 Dampiere’s Voyages, vol. ii.

^†252 Ibid. p. 167.

^†253 See the collection of voyages that contributed to the establishment of the East-India company, vol. i. part 1. page 182, and 188.

^†254 In valour, discipline, and military exercises.

^†255 The Gauls, who were in the same circumstances, acted in the same manner.

^†256 Republic, lib. v.

^†257 Ibid.

^†258 Polit. lib. vii. cap. 16.

^†259 Ibid.

^†260 Polit. lib. iii. cap. 3.

^†261 Sixty pounds sterling.

^†262 Lib. vi.

^†263 Lib. vii. page 496.

^†264 I have treated of this in the Considerations on the causes of the rise and declension of the Roman grandeur.

^†265 Lib. 56.

^†266 Lib. 2.

^†267 In the year of Rome 277.

^†268 See what was done in this respect in T. Livy, lib. 45. The Epitome of T. Livy, lib. 59. Aulus Gellius, lib. i. cap. 6. Valerius Maximus, lib. ii. cap. 19.

^†269 It is in Aulus Gellius, lib. i. cap. 6.

^†270 See what I have said in book v. chap. 19.

^†271 Cæsar, after the civil war, having made a survey of the Roman citizens, found there were no more than one hundred and fifty thousand heads of families. Florus’s epitome of Livy, 17th. decad.

^†272 See Dio, lib. 43, and Xiphilinus in August.

^†273 Dio, lib. 43, Suetonius, life of Cæsar, chap. 20; Appian, lib. 2. of the civil war.

^†274 Eusebius, in his Chronicle.

^†275 Dio, lib. 54.

^†276 In the year of Rome 736.

^†277 Julias rogationes, Annal. lib. 3.

^†278 In the year of Rome 762. Dio. lib. 56.

^†279 I have abridged this speech, which is of a tedious length; it is to be found in Dio, lib. 56.

^†280 Marcus Papius Mutilus, and Q. Poppæus, Sabinus, Dio, lib. 56.

^†281 Ibid.

^†282 The 14th title of the fragments of Ulpian distinguishes very rightly between the Julian and the Papian law.

^†283 James Godfrey has made a collection of these.

^†284 The 35th is cited in the 19th law ff. de ritu nuptiarum.

^†285 Lib. ii. cap. 15.

^†286 Dionys. Halicarnasseus.

^†287 The deputies of Rome, who were sent to search into the laws of Greece, went to Athens, and to the cities of Italy.

^†288 Aulus Gellius, lib. ii. cap. 15.

^†289 Suetonius in Augusto, cap. 44.

^†290 Tacitus, lib. 2. Ut numerus liberorum in candidatis præpolleret, quod lex jubebat.

^†291 Aulus Gellius, lib. 2. cap. 15.

^†292 Tacitus, Ann. lib. 15.

^†293 See Law 6. sect. 5. de decurion.

^†294 See Law 2. ff. de minorib.

^†295 Law 1. and 2. ff. de vacatione et excusat. munerum.

^†296 Frag. of Ulpian, tit. 29. sect. 3.

^†297 Plutarch, life of Numa.

^†298 See the fragments of Ulpian, tit. 14, 15, 16, 17, and 18, which compose one of the most valuable pieces of the ancient civil law of the Romans.

^†299 Sozom. lib. i. cap. 9. they could receive from their relations. Frag. of Ulpian, tit. 16. sect. 1.

^†300 Sozom. lib. i. cap. 9. et leg. unic. cod. Theod. de Infirm. pœnis cælib. et orbit.

^†301 Moral Works, of the love of fathers towards their children.

^†302 See a more particular account of this in the fragm. of Ulpian, tit. 15. and 16.

^†303 Fragm. of Ulpian, tit. 16. sect. 1.

^†304 Fragm. of Ulpian, tit. 14. It seems the first Julian laws allowed three years. Speech of Augustus in Dio, lib. 56. Suetonius, life of Augustus, cap. 34. Other Julian laws granted but one year: the Papian law gave two. Fragm. of Ulpian, tit. 14. These laws were not agreeable to the people; Augustus therefore softened or strengthened them, as they were more or less disposed to comply with them.

^†305 This was the 35th head of the Papian law. Leg. 19. ff. de ritu nuptiarum.

^†306 See Dio, lib. 54. anno 736. Suetonius in Octavio, cap. 34.

^†307 Dio, lib. 54. and in the same Dio, the speech of Augustus, lib. 56.

^†308 Fragm. of Ulpian, tit. 16. and the 27th law, cod. de nuptiis.

^†309 Frag. of Ulpian, tit. 16. sect. 3.

^†310 See Suetonius in Claudio, cap. 23.

^†311 See Suetonius, life of Claudius, cap. 23. and the Fragm. of Ulpian, tit. 16. sect. 3.

^†312 Dio, lib. 54. Fragm. of Ulpian, tit, 13.

^†313 Augustus’s speech in Dio, lib. 56.

^†314 Fragm. of Ulpian, cap. 13. and the 44th law, ff. de ritu nuptiarum.

^†315 Fragm. of Ulpian, tit. 13, and 16.

^†316 See Law 1. in cod. de natur. lib,

^†317 Novell. 177.

^†318 Law 37. ff. de operib. libertorum, sect. 7. Frag. of Ulpian, tit. 16. sect. 2.

^†319 Fragm. of Ulpian, tit. 16. sect. 2.

^†320 See book xxvi. chap. 13.

^†321 Except in certain cases. See the Fragment of Ulpian, tit. 18. and the only law in Cod. de Caduc. tollend.

^†322 Relatum de moderanda Papia Poppæa. Tacit. Annal. lib. iii. page 117.

^†323 He reduced them to the fourth part. Suetonius in Nerone, cap. 10.

^†324 See Pliny’s panegyric.

^†325 Severus extended even to twenty-five years for the males, and to twenty for the females, the time fixed by the Papian law, as we see by comparing the Fragment of Ulpian, tit. 16, with what Tertullian says, Apol. cap. 4.

^†326 P. Scipio, the censor, complains, in his speech to the people, of the abuses which were already introduced; that they received the same privileges for adopted, as for natural children. Aulus Gellius, lib. 5. cap. 19.

^†327 See the 31st law, ff. de ritu nuptiarum.

^†328 Augustus, in the Papian law, gave them the privilege of mothers. See Dio, lib. 66. Numa had granted them the ancient privilege of women who had three children, that is, of having no guardian. Plutarch, life of Numa.

^†329 This was granted them by Claudius. Dio, lib. 60.

^†330 Leg. apud cum ff. de manumissionib. sect. 1.

^†331 Dio, lib. 55.

^†332 See in Cicero’s Offices, his sentiments on this spirit of speculation.

^†333 Nazarius in panegyrico Constantini, anno 321.

^†334 See Law 1, 2, 3, in the Theodosian code, de bonis maternis maternique generis, &c. and the only law in the same code, de bonis quæ filiis famil. acquiruntur.

^†335 Leg. unic. cod. Theod. de infirm. pan. cælib. & orbit.

^†336 Sozomenus, page 27.

^†337 Leg. 2. & 3. cod. Theod. de jur liber.

^†338 Leg. Sancimus, cod. de nuptiis.

^†339 Novell. 127. cap 3. Novell. 118. cap. 5.

^†340 Leg. 54. ff. de condit. et demonst.

^†341 Leg. 5. sect. 4. de jure patronatus.

^†342 Paul, in his sentences, lib. iii. tit. 4. sect. 15.

^†343 Antiquities of Rome, lib. 2.

^†344 Ibid.

^†345 Lib. 9.

^†346 Lib. 3. de legib.

^†347 De Morib. German.

^†348 There is not any title on this subject in the Digest; the title of the Code says nothing of it, no more than the Novels.

^†349 Introduction to the history of Europe, chap. 5. of France.

^†350 Mahometan countries surround it almost on every side.

^†351 The edict of 1666, in favour of marriages.

^†352 See Sir John Chardin’s Travels through Persia, vol. 8.

^†353 See Burnet’s History of the Reformation.

^†354 Thoughts on the Comet.

^†355 Description of æthiopia, by M. Ponce, a Physician. Collection of edisying Letters.

^†356 See Diodorus, lib. 2.

^†357 Dupin’s Ecclesiastical Library of the 6th century, vol. 5.

^†358 Collection of Voyages that contributed to the establishment of the East India Company, vol. iii. part 1. page 36.

^†359 Hist. of the Jews, by Prideaux.

^†360 This is the inconvenience of the doctrine of Foe and Laockium.

^†361 Lib. 2. of laws.

^†362 Sacrum commissum, quod neque expiari poterit, impie commissum est; quod expiari poterit publici sacerdotes expianto.

^†363 See the relation written by John Duplan Carpin, sent to Tartary by Pope Innocent IV. in the year 1246.

^†364 Collection of Voyages that contributed to the establishment of the East India company, vol. v. page 192.

^†365 Edifying Letters, collect. 15.

^†366 Polit. lib. vii. cap. 17.

^†367 Suetonius in Augusto, cap. 31.

^†368 Collection of Voyages made to establish an India company, vol. iv. page 127.

^†369 See Prideaux, life of Mahomet, page 64.

^†370 Koran, book 1. chap. of the cow.

^†371 On renouncing the law of retaliation.

^†372 De morib. Germanorum.

^†373 Collection of voyages that contributed to the establishment of the East India company, vol. vii. page 303. See also Memoirs of the C. de Forbin, and what he says of the people of Macassar.

^†374 Plato, of laws, lib. 9.

^†375 Tragedy of Oedipus Coloneus.

^†376 Plato, of laws, lib. 9.

^†377 A Chinese philosopher reasons thus against the doctrine of Foe. “It is said, in a book of that sect, that the body is our dwelling place, and the soul the immortal guest which lodges there: but if the bodies of our relations are only a lodging, it is natural to regard them with the same contempt we should feel for a structure of earth and dirt. Is not this endeavouring to tear from the heart the virtue of love to one’s own parents? This leads us even to neglect the care of the body, and to refuse it the compassion and affection so necessary for its preservation; hence the disciples of Foe kill themselves by thousands.” Work of an ancient Chinese philosopher, in the collection of Du Halde, vol. iii. page 52.

^†378 See Tho. Bartholin’s Antiq. of the Danes.

^†379 An Account of Japan, in the Collection of Voyages that contributed to establish an East India company.

^†380 Forbin’s memoirs.

^†381 Mr. Hyde.

^†382 Xenophon on the republic of Athens.

^†383 Leg. 3. Cod. de Feriis. This law was doubtless made only for the Pagans.

^†384 The Catholics lie more towards the south, and the Protestants towards the north.

^†385 Dampiere’s voyages, vol. ii.

^†386 See Bernier’s travels, vol. ii. page 137.

^†387 Edifying letters, col. xii. page 95.

^†388 Bernier’s travels, vol. ii. page 187.

^†389 Euripides in Athenæus, lib. 2.

^†390 Life of Mahomet.

^†391 As in China.

^†392 Medicina Statica, sect. iii. aphor. 23.

^†393 Ibid.

^†394 Travels into Persia, vol. 2.

^†395 Bernier’s Travels, vol. 2.

^†396 St. Cyril’s letter.

^†397 This does not contradict what I have said in the last chapter of the preceding book: I here speak of the motives of attachment to religion, and there of the means of rendering it more general.

^†398 This has been remarked over all the world. See, as to the Turks, the missions of the Levant; the Collection of Voyages that contributed to the establishment of an East India company, vol. iii. p. 201. on the Moors of Batavia; and Father Labat on the Mahometan negroes, &c.

^†399 The Christian and the Indian religions: these have a hell and a paradise, which the religion of Sintos has not.

^†400 Entering the mosque of Bochara, he took the Koran, and threw it under his horse’s feet. Hist. of the Tartars, p. 273.

^†401 Ibid. page 342.

^†402 This disposition of mind has been communicated to the Japanese, who, a it may be easily proved, derive their original from the Tartars.

^†403 Annal. lib. 2.

^†404 Numb. xxxv.

^†405 Ibid.

^†406 Lilius Giraldus, page 726.

^†407 A people of Siberia. See the account given by Mr. Everard Ysbrant Ides, in the Collection of Travels to the North, vol. 8.

^†408 Mr. Hyde.

^†409 Of Laws, book 10.

^†410 Regum vino ne respergito. Law of the Twelve Tables.

^†411 On Laws, book ii.

^†412 I do not mean to speak in this chapter of the Christian religion; for, as I have elsewhere observed, the Christian religion is our chief blessing. See the end of the preceding chapter, and the defence of the Spirit of Laws, part 2.

^†413 In the collection of voyages that contributed to the establishment of an East-India company, vol. v.

^†414 The source of the blindness of the Jews is, their not perceiving that the economy of the gospel is in the order of the decrees of God; and that it is in this light a consequence of his immutability.

^†415 Book iv. chap. 24.

^†416 See Kempfer.

^†417 Forbin’s Memoirs.

^†418 History of the Tartars, part 5.

^†419 Pirard’s Travels, chap. 27.

^†420 Lib. 9. on laws.

^†421 Mr. Bayle, in his Criticism on the History of Calvinism, speaks of this law, page 263.

^†422 See law 5. in the code de repudiis et judicio de moribus sublato.

^†423 Law of the Burgundians, tit. 47.

^†424 In the code of the Visigoths, lib. 3. tit. 4. sect. 13.

^†425 Under pain of infamy, another under pain of imprisonment.

^†426 Plutarch, life of Solon.

^†427 Plutarch life of Solon, and Gallienus in exhort. ad art. c. 8.

^†428 De civitate Dei, lib. 4.

^†429 Lib. ii. cap. 12.

^†430 Novell. 21.

^†431 Lib. ii. tit. 14. sect. 6, 7, & 8.

^†432 Du Halde on the second Dynasty.

^†433 Livy, decad. 3. lib. 9.

^†434 Shaw’s Travels, vol. 1. page 402.

^†435 See the collection of voyages that contributed to the establishment of an East India company, vol. iv. part 1. page 114. And Mr. Smith’s voyage to Guinea, part 2. page 150. concerning the kingdom of Judia.

^†436 See Edifying Letters, let. 14. and the voyages that contributed to the establishment of the East-India company, vol. iii. part 2. page 644.

^†437 Collection of voyages that contributed to the establishment of an East-India company, vol. iv. page 35, and 103.

^†438 Leg. ff. ad leg. Juliam peculatus.

^†439 Capite quisquis 17. questione 4. Cujas observat. lib. xiii. cap. 19. tom. 3.

^†440 Beausmanoir on the ancient customs of Beauvoisis, chap. 18.

^†441 Law of the first code ad leg. Juliam de adulteriis.

^†442 At present they do not take cognizance of these things in France.

^†443 Leg. 11. sect. ult. ff. ad leg. Juliam de adulteriis.

^†444 Nov. 134. col. 9. cap. 10. tit. 170.

^†445 Leg. 7. de repudiis & judicio de morib. sublato.

^†446 Auth. hodie quantiscumque cod. de repudiis.

^†447 Auth. quod hodie cod. de repudiis.

^†448 See what has been said on this subject, in book xxiii. chap. 21. in the relation they bear to the number of inhabitants.

^†449 See Law 16. ff. de ritu nuptiarum; and Law 3. sect. 1. also Digest. de donationibus inter virum & uxorem.

^†450 This law is very ancient amongst them. Attila, says Priscus in his embassy, stopt in a certain place to marry Esca his daughter: a thing permitted, he adds, by the Laws of the Scythians, page 22.

^†451 Hist. of the Tartars, part 3. page 236.

^†452 It was thus amongst the ancient Romans.

^†453 Amongst the Romans they had the same name, the cousin-germans were called brothers.

^†454 It was thus at Rome in the first ages, till the people made a law to permit them; they were willing to favour a man extremely popular, who had married his cousin-german. Plutarch’s Treatise, intitled, Questions concerning the affairs of the Romans.

^†455 Collection of Voyages to the Indies, vol. 5. part 1. An account of the state of the isle of Formosa.

^†456 Koran, chap. of women.

^†457 See Francis Pirrard.

^†458 They were considered as more honourable. See Philo, de specialibus legib. quæ pertinent ad præcepta decalogi. Paris, 1640. page 778.

^†459 See Law 8. of the Code de incestis & inutilibus nuptiis.

^†460 The lord appointed collectors to receive the toll from the peasant, the gentlemen were obliged to contribute by the count, and the clergy by the bishop. Beaumanoir, chap. 22.

^†461 Lib. 1. of Laws.

^†462 Repub. lib. iii. cap. 13.

^†463 Hyperbolus. See Plurarch, life of Aristides.

^†464 It was found opposite to the spirit of the legislator.

^†465 Plutarch in his comparison between Lycurgus and Numa.

^†466 Plutarch life of Cato.

^†467 Leg. 11. sect. ult. ff. ad leg. Jul. de adulteriis.

^†468 Law of the Visigoths, lib. iii. tit. 4. sect. 6.

^†469 See Garcilasso de la Vega.

^†470 See book 5. chap. 14. book 8. chap. 16, 17, 18, 19, and 20. book 9. chap. 4, 5, 6, and 7. and book 10. chap. 9 and 10.

^†471 Venice.

^†472 Chap. xiv. p. 12.

^†473 Dionys. Halicar. lib. ii. c. 3. Plutarch’s comparison between Numa and Lycurgus.

^†474 Ast si intestatò moritur cui suus hæres nec extabit, agnatus proximus familiam habeto. Fragment of the law of the Twelve Tables in Ulpian, the last title.

^†475 See the Fragm. of Ulpian, sect. 8. tit. 26. Inst. tit. 3. in proœmio ad S. C. Tertullianum.

^†476 Paulus, lib. iv. sent. tit. 8. sect. 3.

^†477 Inst. tit. lib. 3.

^†478 Lib. iv. page 276.

^†479 Dionysius Halicarnasseus proves, by a law of Numa, that the law which permitted a father to sell his son three times, was made by Romulus, and not by the Decemvirs, lib. 2.

^†480 See Plutarch’s life of Solon.

^†481 This testament, called in procinctu, was different from that which they stiled military, which was established only by the constitutions of the emperors. Leg. 1. ff. de militari testamento. This was one of the artifices by which they cajoled the soldiers.

^†482 This testament was not in writing, and it was without formality, sine libra & tabulis, as Cicero says, lib. 1. de Oratore.

^†483 Institut. lib. 2. tit. 10. sect. 1. Aulus Gellius, lib. 15. cap. 27. They called this form of testament per æs & libram.

^†484 Ulpian, tit. x. sect. 2.

^†485 Theoph. inst. lib. ii. tit. 10.

^†486 T. Livy. lib. 4. nondum argentum signatum erat. He speaks of the time of the fiege of Veii.

^†487 Tit. xx. sect. 13.

^†488 Instit. lib. ii. tit. 10. sect. 1.

^†489 Let Titius be my heir.

^†490 Vulgar, pupillary, and exemplary.

^†491 Augustus, for particular reasons, first began to authorise the fiduciary bequest, which in the Roman law was called fidei commissum. Inst. lib. ii. tit. 23, in proœmio.

^†492 Ad liberos matris intestatæ hæreditas, lib. 12. tab. non pertinebat, quia fæminæ suos hæredes non habent. Ulpian, fragm. tit. 26. sect. 7.

^†493 It was proposed by Quintus Voconius, tribune of the people. See Cicero’s second oration against Verres. In the Epitome of T. Livy, lib 41. we should read Voconius, instead of Volumnius.

^†494 Sanxit . . . . . ne quis hæredem virginem neve mulierem faceret. Cicero’s second oration against Verres.

^†495 Legem tulit, ne quis hæredem mulierem institueret, lib. 41.

^†496 Second Oration against Verres.

^†497 Of the city of God, lib. 3.

^†498 Epitome of Livy, lib. 40.

^†499 Lib. xxvii. cap. 6.

^†500 Instit. lib. iii. tit. 22.

^†501 Ibid.

^†502 Nemo censuit, plus Fadiæ dandum, quam posset ad eam lege Voconia pervenire. De finibus boni & mali, lib. 6.

^†503 Cum lege Voconia mulieribus prohiberetur, ne qua majorem centum millibus nummum hæreditatem posset adire, lib. 56.

^†504 Qui census esset. Second Oration against Verres.

^†505 Census non erat. Ibid.

^†506 Lib. iv.

^†507 In oratione pro Cæcina.

^†508 These five first classes were so considerable, that authors sometimes mention no more than five.

^†509 In Cæritum tabulas referri; ærarius fieri.

^†510 Cicero, de finib, boni et mali, lib. 2.

^†511 Ibid.

^†512 Sextilius said he had sworn to observe it Cic. de finibus boni & mali, bib. 2.

^†513 See what has been said in book xxiii. chap. 21.

^†514 The same difference occurs in several regulations of the Papian law. See the Fragments of Ulpian, sect. 4, 5, and 6.

^†515 See Fragm. of Ulpian, tit. 15. sect. 16.

^†516 Quod tibi filiolus, vel filia nascitur ex me, Jura Parentis habes; propter me scriberis hæres. Juvenal. Sat. 9.

^†517 See law 9. C. Theod. de bonis proseriptorum, & Dio, lib. 5. See the Fragm. of Ulpian, tit. last, sect. 6. and tit. 29. sect. 3.

^†518 Frag. of Ulpian, tit. 16. sect. 1. Sozomenus, lib. 1. cap. 9.

^†519 Lib. xx. cap. 1.

^†520 Lib. iv. tit. 8. sect. 3.

^†521 Tit. 26. sect. 6.

^†522 That is, the emperor Pius, who changed his name to that of Adrian by adoption.

^†523 Lib. ii. cod. de jure liberorum. Instit. tit. 3. sect. 4. de senatus consult.

^†524 Lib. ix. cod. de suis & legitimis hæredibus.

^†525 Lib. xiv. cod. de suis & legitimis hæredibus, & Nov. 118, & 127.

^†526 See the prologue to the Salic law. Mr. Leibnitz says, in his treatise of the origin of the Franks, that this law was made before the reign of Clovis: but it could not be before the Franks had quitted Germany, for at that time they did not understand the Latin tongue.

^†527 See Gregory of Tours.

^†528 See the prologue to the law of the Bavarians, and that to the Salic law.

^†529 Ibid.

^†530 Lex Angliorum Werinorum, hoc est Thuringorum.

^†531 They did not know how to write.

^†532 They were made by Euric, and amended by Leovigildus. See Isidorus’s chronicle. Chaindasuinthus and Recessuinthus reformed them. Egigas ordered the code now extant to be made, and commissioned bishops for that purpose; nevertheless, the laws of Chaindasuinthus and Recessuinthus were preserved, as appears by the sixth council of Toledo.

^†533 See the prologue to the law of the Bavarians.

^†534 We find a few only in Childebert’s decree.

^†535 See the prologue to the code of the Burgundians, and the code itself, especially the 12th. tit. sect. 5. and tit. 38. See also Gregory of Tours, book ii. chap. 33. and the code of the Visigoths.

^†536 See lower down, chap. 3.

^†537 See ch. 2. sect. 8. and 9. and ch. 4. sect. 2 and 7.

^†538 De bello Gallice, lib. 6.

^†539 Lib. i. formul. 8.

^†540 Chap. 31.

^†541 That of Clotarius in the year 560, in the edition of the Capitularies of Balufius, vol. i. art. 4. ib. in fine.

^†542 Capitul. added to the law of the Lombards, lib. i. tit. 25. cap. 71. lib. 2. tit. 41. cap. 7. and tit. 56. cap. 1. and 2.

^†543 Ibid.

^†544 Ibid. lib. vi. tit. 7. cap. 1.

^†545 Ibid. cap. 2.

^†546 Ibid. lib. ii. tit. 35. c. 2.

^†547 In the law of the Lombards, lib. ii. tit. 57.

^†548 Salic law, tit. 44. sect. 1.

^†549 Qui res in pago ubi remanet proprias habet. Salic law, tit. 44. sect. 15.

^†550 Qui in truste dominicâ est. Ibid. tit. 41. sect. 4.

^†551 Si Romanus homo conviva regis fuerit. Ibid. sect. 6.

^†552 The principal Romans followed the court, as may be seen by the lives of several bishops, who were there educated; there were hardly any but Romans that knew how to write.

^†553 Salic law, tit. 45.

^†554 Lidus, whose condition was better than that of a bondman. Law of the Alemans, chap. 95.

^†555 Tit. xxxv. sect. 3. and 4.

^†556 The Abbé du Bos.

^†557 Witness the expedition of Arbogastes in Gregory of Tours, Hist. lib. 2.

^†558 The Franks, Visigoths, and Burgundians.

^†559 It was finished in 438.

^†560 The 20th year of the reign of this prince, and published two years after by Anian, as appears from the preface to that code.

^†561 The year 504 of the Spanish æra, the Chronicle of Isidorus.

^†562 Francum, aut Barbarum, aut hominum qui Salica lege vivit. Salic law, tit. 44. sect. 1.

^†563 According to the Roman law, under which the church lives, as is said in the law of the Ripuarians, tit. 58. sect. 1. See also the numberless authorities on this head pronounced by Du Cange, under the word Lex Romana.

^†564 See the Capitularies added to the Salic law in Lindembrock, at the end of that law, and the different codes of the laws of the Barbarians, concerning the privileges of ecclesiastics in this respect. See also the letter of Charlemain to his son Pepin king of Italy, in the year 807, in the edition of Baluzius, tom. i. page 462. where it is said, that an ecclesiastic should receive a triple composition; and the Collection of the Capitularies, lib. v. art. 302. tom. 1. Edition of Baluzius.

^†565 See that law.

^†566 Of this I shall speak in another place, book xxx. chap. 6, 7, 8, and 9.

^†567 Agob. opera.

^†568 See Gervais de Tilbury, in Duchesne’s collection, tom. iii. page 366. Facta pactione cum Francis, quod illic Gothi patriis legibus, moribus paternis vivant. Et sic Narbonensis provincia Pippino subjicitur. And a chronicle of the year 759. produced by Catel. hist. of Languedoc. And the uncertain author of the life of Lewis the Debonnaire, upon the demand made by the people of Septimania, at the assembly in Carifiaco, in Duchesne’s collection, tom. ii. page 316.

^†569 In illa terra in qua judicia secundum legem Romanum terminantur, secundum ipsam legem judicetur; & in illa terra in qua, &c. Art. 16. See also Art. 20.

^†570 See Art. 12. and 16. of the edict of Pistes in Cavilono in Narbona, &c.

^†571 See what Machiavel says of the ruin of the ancient nobility of Florence.

^†572 He began to reign in the year 642.

^†573 We will no longer be harrassed either by foreign or by the Roman laws. Law of the Visigoths, lib. ii. tit. 1. sect. 9. and 10.

^†574 Ut tam Gotho-Romanam, quem Romano-Gotham matrimonio liceat fociari. Law of the Visigoths, lib. iii. tit. 1. cap. 1.

^†575 The revolt of these provinces was a general defection, as appears by the sentence in the sequel of the history. Paulus and his adherents were Romans: they were even favoured by the bishops. Vamba durst not put to death the rebels whom he had quelled. The author of the history calls Narbonne Gaul the nursery of treason.

^†576 Gothi, qui cladi superfuerant, ex Gallia cum uxoribus liberisque egressi, in Hispaniam ad Teudim jam palam tyrannum se receperunt. De Bello Gothorum, lib. i. cap. 13.

^†577 Capitularies, lib. vi. cap. 269. of the year 1613, edition of Baluzius, page 1021.

^†578 M. de la Thaumassiere has collected many of them. See, for instance, chap. 61, 66, and others.

^†579 Missi Domini.

^†580 Let not the bishop, says Charles the Bald, in the capitulary of 844. art. 8. under pretence of the authority of making canons, oppose this constitution, or neglect the observance of it. It seems he already foresaw the fall thereof.

^†581 In the collection of canons, a vast number of the decretals of popes were inserted; there were very few in the ancient collection. Dionysius Exiguus put a great many into his: but that of Isidorus Mercator was stuffed with genuine and spurious decretals. The old collection obtained in France till Charlemaign. This prince received from the hands of pope Adrian I. the collection of Dionysius Exiguus, and caused it to be accepted. The collection of Isidorus Mercator appeared in France about the reign of Charlemaign; people grew passionately fond of it: to this succeeded what we now call the course of canon law.

^†582 See the edict of Pistes, art. 20.

^†583 This is expressly set down in some preambles to these codes: we even find in the laws of the Saxons and Frisians different regulations, according to the different districts. To these usages were added some particular regulations, suitable to the exigency of circumstances; such were the severe laws against the Saxons.

^†584 Of this I shall speak elsewhere.

^†585 Pref. to Marculfus’s Formulæ.

^†586 Law of the Lombards, book ii. tit. 58. sect. 3.

^†587 Law of the Lombards, book ii. tit. 41. sect. 6.

^†588 Life of St. Leger.

^†589 Law of the Lombards, book ii. tit. 41. sect. 6.

^†590 See chap. 5.

^†591 This relates to what Tacitus says, that the Germans had general and particular customs.

^†592 Law of the Ripuarians, tit. 6, 7, 8, and others.

^†593 Ibid. tit. 11, 12, and 17.

^†594 It was when an accusation was brought against an Antrustio, that is, the king’s vassal, who was supposed to be possessed of a greater degree of liberty. See tit. 76. of the Pactus legis Salicæ.

^†595 See the 76th tit. of the Pactus legis Salicæ.

^†596 According to the practice now followed in England.

^†597 Tit. 32. tit. 57. sect. 2. tit. 59. sect. 4.

^†598 See the note underneath.

^†599 This spirit appears in the law of the Ripuarians, tit. 59. sect. 4. and tit. 67. sect. 5. and in the Capitulary of Lewis the Debonnaire, added to the law of the Ripuarians in the year 803, art. 22.

^†600 See that law.

^†601 This law of the Frisians, Lombards, Bavarians, Saxons, Thuringians, and Burgundians.

^†602 In the law of the Burgundians, tit. 8. sect. 1 and 2. on criminal affairs; and tit. 45. which extends also to civil affairs. See also the law of the Thuringians, tit. 1. sect. 31. tit. 7. sect. 6. and tit. 8. and the law of the Alemans, tit. 89. the law of the Bavarians, tit. 8. chap. 2. sect. 6. and chap. 2. sect 1. and tit. 9. chap. 4. sect. 4. the law of the Frisians, tit. 11. sect. 3. and tit. 14. sect. 4. the law of the Lombards, book 1. tit. 32. sect. 3. and tit. 35. sect. 1. and book 2. tit. 35. sect. 2.

^†603 See chap. 18. towards the end.

^†604 As also some other laws of the Barbarians.

^†605 Tit. 56.

^†606 Ibid. tit. 56.

^†607 This appears by what Tacitus says, omnibus idem babitus.

^†608 Velleius Paterculus, lib. ii. cap. 18. says, that the Germans decided all their disputes by the sword.

^†609 See the codes of Barbarian laws, and in respect to less ancient times. Beaumanoir on the custom of Beauvoisis.

^†610 Law of the Burgundisns, chap. 45.

^†611 See the Works of Agobard.

^†612 See Beaumanoir on the custom of Beauvoisis, chap. 61. See also the law of the Angli, chap. 14. where the trial by boiling water is only a subsidiary proof.

^†613 Tit. 14.

^†614 Chap. 31. sect. 5.

^†615 Si placeret Domino nostro ut eos transferret ad legem Francorum.

^†616 See this law, tit. 59. sect. 4. and tit. 67. sect. 5.

^†617 Law of the Lombards, book ii. tit. 55. chap. 34.

^†618 The year 962.

^†619 Ab Italiæ proceribus est proclamatum, ut imperator sanctus, mutatâ lege, facinus indignum destrueret. Law of the Lombards, book ii. tit. 55. chap. 34.

^†620 It was held in the year 967, in the presence of pope John XIII. and of the Emperor Otho I.

^†621 Otho the Second’s uncle, son to Rodolphus, and king of Transjurian Burgundy.

^†622 In the year 988.

^†623 Cum in hoc ab omnibus imperiales aures pulsarentur. Law of the Lombards, book ii. tit. 55. chap. 34.

^†624 In the law of the Lombards, book ii. tit. 55. sect. 33. In the copy which Muratori made use of, it is attributed to the emperor Guido.

^†625 In the law of the Lombards, book ii. tit. 55. sect. 23.

^†626 In palatio quoque, Bera comes Barcinonensis, cum impeteretur a quoquam Sunila, & infidelitatis argueretur, cum eodem secundum legem propriam, utpote quia uterque Gothus erat, equestri prælio congressus est & victus. The anonymous author of the life of Lewis the Debonnaire.

^†627 See in the law of the Lombards, book i. tit. 4. and tit. 9. sect. 23. and book 2. tit. 35. sect. 4. and 5. and tit. 55. sect. 1, 2, and 3. The regulations of Rotharis; and in sect. 15. that of Luitprandus.

^†628 Ibid. book ii. tit. 55. sect. 23.

^†629 The judicial oaths were made at that time in the churches, and during the first race of our kings there was a chapel set apart in the royal palace for the affairs that were to be thus decided. See the Formulas of Marculfus, book i. chap. 38. The laws of the Ripuarians, tit. 59. sect. 4. tit. 65. sect. 5. The history of Gregory of Tours; and the Capitulary of the year 803. added to the Salic Law.

^†630 Chap. 39. page 212.

^†631 We find his constitutions inserted in the law of the Lombards, and at the end of the Salic laws.

^†632 In a constitution inserted in the law of the Lombards, book ii. tit. 55. sect. 31.

^†633 In the year 1200.

^†634 Custom of Beauvoisis, chap. 39.

^†635 Chap. 61. pag. 309 and 310.

^†636 Charter of Lewis the Fat, in the year 1145, in the collection of Ordinances.

^†637 Ibid.

^†638 Charter of Lewis the Young, in 1188, in the Collection of Ordinances,

^†639 See Beaumanoir, chap. 63, pag. 325.

^†640 See the custom of Beauvoisis, cap. 28, pag. 203.

^†641 Additio sapientum Wilemari, tit. 5.

^†642 Book 1. tit. 6. sect. 3.

^†643 Book 2. tit. 5. sect. 23.

^†644 Added to the Salic law, in 819.

^†645 See Beaumanoir, chap. 64, pag. 328.

^†646 Ibid.

^†647 Ibid. chap. 3. pag. 25. and 329.

^†648 See, in regard to the arms of the combatants, Beaumanoir, chap. 61. pag. 308. and chap. 64. pag. 328.

^†649 Ibid. chap. 64. page 328. See also the charters of S. Aubin of Anjou, quoted by Galland, page 263.

^†650 Among the Romans it was not infamous to be beaten with a stick, lege ictus fustium. De iis qui notantur infamia.

^†651 They had only the baston and buckler. Beaumanoir, chap. 64. p. 328.

^†652 Book i. tit. 6. sect. 1.

^†653 Book i. tit. 6. sect. 2.

^†654 De moribus Germanorum.

^†655 In the Pactus legis Salicæ.

^†656 We have both the ancient law and that which was amended by this prince.

^†657 Book ii. tit. 55. sect. 11,

^†658 See the Greek romances of the middle age.

^†659 In the year 1283.

^†660 Beaumanoir, chap. vi. page 40. and 41.

^†661 Ibid. chap. 64. page 328.

^†662 Ibid. page 330.

^†663 Beaumanoir, chap. 64. page 330.

^†664 Ibid.

^†665 The great vassals had particular privileges.

^†666 Beaumanoir, chap. 64. page 330. says, he lost his jurisdiction: these words in the authors of those days have not a general signification, but a signification limited to the affair in question. Défontaines, chap. 21. art. 29.

^†667 This custom, which we meet with in the capitularies, was still subsisting at the time of Beaumanoir. See chap. 61. page 315.

^†668 Beaumanoir, chap. 64, p. 330.

^†669 Ibid. chap. 61, p. 309.

^†670 Ibid. chap. 61, p. 308. Ibid. chap. 43, p. 239.

^†671 Beaumanoir, chap. 61, p. 314. See also Défontaines, chap. 22, art. 24.

^†672 Ibid. chap. 63, p. 322.

^†673 Défontaines, chap. 63, p. 322.

^†674 Ibid.

^†675 Ibid. p. 323.

^†676 Beaumanoir, chap. 63, p. 324.

^†677 Beaumanoir, p. 325.

^†678 Ibid. p. 325.

^†679 Ibid. chap. 63, p. 323. See also what I have said in the 18th book.

^†680 Ibid. chap. 63, p. 322.

^†681 Défontaines, chap. 22, art. 7.

^†682 Habeant bellandi et testificandi licentiam. Charter of Lewis the Fat, in the year 1118.

^†683 Ibid.

^†684 Chap. 61, p. 315.

^†685 Chap. 6, p. 39 and 40.

^†686 But if the battle was fought by champions, the champion that was overcome had his hand cut off.

^†687 Tit. 16, sect. 2.

^†688 Tit. 45.

^†689 Letter to Lewis the Debonnaire.

^†690 Life of St. Avitus.

^†691 Beaumanoir, chap. 2, p. 22.

^†692 Ibid. chap. 61, p. 312, and chap. 67, p. 338.

^†693 Book 2, chap. 15.

^†694 Beaumanoir, chap. 61, p. 310 and 311, and chap. 67, p. 337.

^†695 Beaumanoir, chap. 61, p. 313.

^†696 Ibid. p. 314.

^†697 Ibid. chap. 61, p. 314.

^†698 Chap. 22, art. 1, 10 and 11, he says only, that each of them was allowed a small fine.

^†699 Beaumanoir, chap. 61. page 314.

^†700 Ibid. Défontaines, chap. 22. art. 9.

^†701 Défontaines, chap. 22. art. 9.

^†702 Beaumanoir, chap. 61. page 316.

^†703 Ibid. chap. 16. page 314. and Défontaines, chap. 22. art. 21.

^†704 Défontaines, chap. 22. art. 7.

^†705 See Défontaines, chap. 21. art. 11 and 12. and following, who distinguishes the cases in which the appellant of false judgment loses his life, the point contested, or only the imparlance.

^†706 Beaumanoir, chap. 62. page 322. Défontaines, chap. 22.

^†707 The count was not obliged to lend any. Beaumanoir, chap. 67. p. 337.

^†708 Nobody can pass judgment in his court, says Beaumanoir, chap. 67. p. 336 and 337.

^†709 Ibid. chap. 62. page 322.

^†710 Défontaines, chap. 21. art. 27 and 28.

^†711 Défontaines chap. 21. art. 28.

^†712 Chap. 21. art. 37.

^†713 This number at least was necessary. Défontaines, chap. 21. art. 36.

^†714 Beaumanoir, chap. 67. page 337.

^†715 Ibid.

^†716 Ibid. chap. 67. page 337 and 338.

^†717 Défontaines, chap. 22.

^†718 Ibid.

^†719 Third capitulary of the year 812. art. 3. edition of Baluzius, p. 497. and of Charles the Bald, added to the law of the Lombards, book ii. art. 3.

^†720 Third capitulary of the year 812. art. 3. edition of Baluzius, p. 497.

^†721 Cum fidelibus. Capitulary of Lewis the Pious, edition of Baluzius, page 667.

^†722 See the capitulary of Charles the Bald, added to the law of the Lombards, book ii. art. 3.

^†723 Third capitulary of the year 812. art. 8.

^†724 Placitum.

^†725 This appears by the formulas, charters, and the capitularies.

^†726 In the year 757, edition of Baluzius, page 180. art. 9 and 10. and the synod apud Vernas in the year 755. art. 59. edition of Baluzius, page 175. These two capitularies were made under king Pepin.

^†727 The officers under the count Scabini.

^†728 See the law of the Lombards, book ii. tit. 52. art. 22.

^†729 There are instances of appeals of default of justice so early as the time of Philip Augustus.

^†730 Chap. 61. page 315.

^†731 Beaumanoir, chap. 61. page 315.

^†732 Défontaines, chap. 21. art. 24.

^†733 Défontaines, chap. 21. art. 31.

^†734 Beaumanoir, chap. 61. page 312.

^†735 Défontaines, chap. 21. art. 29.

^†736 This was the case in the famous difference between the lord of Nele and Joan countess of Flanders, under the reign of Lewis VIII. He sued her in her own court of Flanders, and summoned her to give judgment within forty days, and afterwards appealed in default of justice to the king’s court. She answered, he should be judged by his peers in Flanders. The king’s court determined that he should not be remanded, and that the countess should be summoned.

^†737 Beaumanoir, chap. 34.

^†738 Défontaines, chap. 21. art. 9.

^†739 Beaumanoir, chap. 61. page 318.

^†740 Beaumanoir, chap. 61. page 312. But he that was neither tenant nor vassal to the lord, paid only a fine of sixty livres. Ibid.

^†741 Beaumanoir, chap. 61. page 318.

^†742 Chap. 21. art. 35.

^†743 In the year 1260.

^†744 Book i. chap. 2. and 7. and book ii. chap. 10. and 11.

^†745 As appears every where in the institutions, &c. and Beaumanoir, chap. 61. page 309.

^†746 Institutions, book i. chap. 6. and book ii. chap. 15.

^†747 Ibid. book ii. chap. 15.

^†748 Ibid. book i. chap. 78. and book ii. chap. 15.

^†749 Ibid. book i. chap. 78.

^†750 Ibid. book ii. chap. 15.

^†751 Institutions, book ii. chap. 78.

^†752 Ibid. chap. 15.

^†753 But if they wanted to appeal without falsifying the judgment, the appeal was not admitted. Institutions, book ii. chap. 15.

^†754 Book i. chap. 6. and 47. and book ii. chap. 15. and Beaumanoir, chap. 11. page 58.

^†755 Book i. chap. 1, 2, and 3.

^†756 Chap. 22. art. 16. and 17.

^†757 Chap. 61. page 309.

^†758 Ibid.

^†759 See Beaumanoir Défontaines, and the Institutions, book ii. chap. 10, 11, 15, and others.

^†760 See the ordinances at the beginning of the third race, in the collection of Lauriere, especially those of Philip Augustus, on ecclesiastic jurisdiction; that of Lewis VIII. concerning the Jews; and the charters related by Mr. Bressel; particularly that of St. Lewis, on the lease and recovery of lands, and the feudal majority of young women, tom. ii. book 3. page 35. and ibid. The ordinance of Philip Augustus, page 7.

^†761 Chap. 33. page 627. Ibid. chap. 63. page 312.

^†762 See the Institutions of St. Lewis, book ii. chap. 15. the ordinance of Charles VII. in the year 1453.

^†763 Chap. 21. art. 21. and 22.

^†764 Book i. chap. 136.

^†765 Chap. 2. art. 8.

^†766 Défontaines, chap. 22. art. 7. This article and the 21st of the 22d chapter of the same author, have been hitherto very ill explained. Défontaines does not oppose the judgment of the lord to that of the gentleman, because it was the same thing; but he opposes the common villain to him who had the privilege of fighting.

^†767 Gentlemen may be always appointed judges. Défontaines, chap. 21. art. 48.

^†768 Chap. 22. art. 14.

^†769 Défontaines, chap. 21. art. 33.

^†770 In the year 1332.

^†771 See the situation of things in Boutillier’s time, who lived in the year 1402. Somme rurale, book 1. p. 19 and 20.

^†772 See chap. 30.

^†773 Beaumanoir, chap. 61. pag. 312, and 318.

^†774 Ib.

^†775 Défontaines, chap. 21. art. 14.

^†776 Of the parliaments of France, book 11, chap. 16.

^†777 Chap. 61. pag. 315.

^†778 As Beaumanoir says, chap. 39. pag. 209.

^†779 They proved by witnesses what had been already done, said, or decreed in court.

^†780 Chap. 39. page 218.

^†781 Défontaines in his conseil, chap. 22. art. 3. and 8. and Beaumanoir, chap. 35. Institutions, book 1. chap. 90.

^†782 Chap. 22. art. 8.

^†783 At present when they are so inclined to appeal, says Boutillier, Somme rurale, book. i. tit. 3. page 16.

^†784 In the year 1324.

^†785 Advocatus de parte publica.

^†786 See this constitution and this formula in the second volume of the historians of Italy, p. 175.

^†787 Collection of Muratori, page 104, on the 88th law of Charlemagne, book 1, tit. 26. sect. 78.

^†788 Another formula, ibid. page 87.

^†789 Ibid. page 104.

^†790 Ibid. page 95.

^†791 Ibid. page 88.

^†792 Ibid. page 98.

^†793 Ibid. page 132.

^†794 Ibid.

^†795 Ibid. page 137.

^†796 Ibid. page. 147.

^†797 Ibid.

^†798 Ibid. page 168.

^†799 Ibid. page 134.

^†800 Ibid. page 107.

^†801 Book 1, chap. 1, and book 2, chap. 11 and 13.

^†802 Cap. 1, &c. 61.

^†803 See these laws in the lives of the saints of the month of June, tom. 3, page 26.

^†804 Qui continuè nostram sacram curiam sequi teneatur, instituatur qui facta & causas in ipsa curia promoveat atque prosequatur.

^†805 Preface to the institutions.

^†806 Chap. 29.

^†807 See above, chap. 30.

^†808 Chap 61. page 309.

^†809 He says of himself, in his prologue, Nus lui en prit onques mais cette chose dont j’ay

^†810 Nothing so vague as the title and prologue. At first they are the customs of Paris, Orleans, and the court of Barony; then they are the customs of all the lay courts of the kingdom, and of the provostships of France; at length, they are the custom, of the whole kingdom, Anjou, and the court of Barony.

^†811 Institutions, book. ii. chap. 15.

^†812 See Du Tillet on the court of peers. See also Laroche, Flavin, book i. chap. 3. Budeus and Paulus Emilius.

^†813 Other causes were decided by the ordinary tribunals.

^†814 See the president Hanault’s excellent abridgment of the history of France in the year 1313.

^†815 Beaumanoir, chap. 11. page 458.

^†816 Widows, croises, &c. Beaumanoir, chap. 11. page 58.

^†817 See the whole eleventh chapter of Beaumanoir.

^†818 The spiritual tribunals had even laid hold of these, under the pretext of the oath, as may be seen by the famous Concordat between Philip Augustus, the clergy, and the barons, which is to be found in the ordinances of Lauriere.

^†819 Beaumanoir, chap. 11. page 60.

^†820 See Boutillier, Somme rurale, tit. 9. what persons are incapable of suing in a temporal court; and Beaumanoir, chap. 11. page 56. and the regulations of Philip Augustus upon this subject; as also the regulation between Philip Augustus, the clergy, and the barons.

^†821 In the word testamentary executors.

^†822 The 19th of March, 1409.

^†823 In Italy they followed Justinian’s code; hence Pope John VIII. in his constitution published after the synod of Troyes, makes mention of this code, not because it was known in France, but because he knew it himself: and his constitution was general.

^†824 This emperor’s code was published towards the year 530.

^†825 Decretals, book 5. tit. de privilegiis capite super specula.

^†826 By a charter in the year 1312, in favour of the university of Orleans, quoted by Du Tillet.

^†827 Customs of Beauvoisis, chap. 1. of the office of bailiffs.

^†828 Among the common people the burghers were tried by burghers, as the feudatory tenants were tried by one another. See La Thaumassiere, chap. 19.

^†829 Thus all requests began with these words: “My lord judge, it is customary that in your court,” &c. as appears from the formula quoted by Boutillier, Somme rurale, book 4. tit. 21.

^†830 The change was insensible: we meet with trials by peers even in Boutillier’s time, who lived in the year 1402, which is the date of his will. He gives this formula, book 1. tit. 21. “Sire Juge, en ma justice haute, moyenne & basse que j’ai en tel lieu, cour plaids, baillis, homme feodaux & sergens.” Yet nothing but feudal matters were tried any longer by the peers. Ibid. book 1. tit. 1. pag. 16.

^†831 As appears by the formula of the letters which their lord used to give them, quoted by Boutillier, Somme rurale, book 1. tit. 14. which is proved likewise by Beaumanoir, Custom of Beauvoisis, chap. 1. of the bailiffs; they only directed the proceedings. “The bailiff is obliged, in the presence of the peers, to take down the words of those who plead, and to ask the parties whether they are willing to have judgment given according to the reasons alledged; and if they say, Yes, my lord; the bailiff ought to oblige the peers to give judgment.” See also the Institutions of St. Lewis, book 1. chap. 105. and book 2. chap. 15. “Li Juge, si ne doit pas faire le jugement.”

^†832 Beaumanoir, chap. 67. page 336. and chap. 61. page 315. and 316. The Institutions, book 2. chap. 15.

^†833 It was published in the year 1287.

^†834 Ut si ibi delinquant, superiores sui possint animadvertere in eosdem.

^†835 See in what manner age and parentage were proved, Institutions, book 1. chap. 71. and 72.

^†836 Prologue to the custom of Beauvoisis.

^†837 Chap. 12.

^†838 See the collection of Ordinaces by Lauriere.

^†839 This was observed at the digesting of the customs of Berry and of Paris. See La Thaumassiere, chap. 3.

^†840 In the Spectator.

^†841 Book 22. chap. 1.

^†842 Cecilius says, that he never saw nor read of an instance, in which this punishment had been inflicted; but it is likely, that no such punishment was ever established; the opinion of some civilians, that, the law of the Twelve Tables meant only the division of the money arising from the sale of the debtor, seems very probable.

^†843 De falsâ legatione.

^†844 Dio, lib. 41.

^†845 Arist. Repub. lib. 5. chap. 3.

^†846 Plutarch, life of Dionysius.

^†847 When the inheritance was too much encumbered, they eluded the pontifical law by certain sales, from whence come the words, fine sacris hæreditas.

^†848 Book ix. of laws.

^†849 Eorum qui de se statuebant humabantur corpora, manebant testamenta, pretium festinandi. Tacit.

^†850 Rescript of the emperor Pius in the third law, sect. 1. and 2. ff. de bonis eorum qui ante sent. mortem sibi consoiverunt.

^†851 Leg. 18. ff. de in jus vocando.

^†852 See the law of the twelve tables.

^†853 Rapit in jus, Horace, satire 9. hence they could not summon those to whom a particular respect was due.

^†854 See the law 18. ff. de in jus vocando.

^†855 By the ancient French law, witnesses were heard on both sides; hence we find in the Institutions of St. Lewis, book i. chap. 7. that there was only a pecuniary punishment against false witnesses.

^†856 Leg. 1. ff. de receptatoribus.

^†857 Ibid.

^†858 See what Favorinus says in Aulus Gellius, book xx. chap. 1.

^†859 Compare what Plutarch says in the life of Lycurgus with the laws of the Digest, title de Furtis; and the Institutes, book iv. tit. 1. sect. 1, 2, and 3.

^†860 Of laws, book 1.

^†861 Inutilis ætas occidatur. Syrian in Hermog.

^†862 The Cornelian law de sicariis, Institut. lib. 4. tit. 3. de lege Aquilia, sect. 7.

^†863 See the 4th law, ff. ad leg. Aquil.

^†864 Ibidem, see the decree of Tassillon added to the law of the Bavarians, de popularib. legib. art. 4.

^†865 Ut carmen necessarium, Cicero de legib. 2.

^†866 It is the work of Irnerius.

^†867 Political testament.

^†868 Aut qualibet manumissione donatum inquietare voluerit. Appendix to the Theodosian code in the first volume of father Sirmond’s works, p. 737.

^†869 Aulus Gellius, book xx. chap. 1.

^†870 We find in the verbal process of this ordinance the motives that determined him.

^†871 In his ordinance of Montel-les-tours in the year 1453.

^†872 They might punish the attorney, without there being any necessity of disturbing the public order.

^†873 The ordinance of the year 1667, has made some regulations upon this head.

^†874 Book 2. tit. 37.

^†875 In father Sirmondus’s appendix to the Theodosian code, tom. 1.

^†876 Leg. 1. code de repudiis.

^†877 See the authentic Sed bodie, in the code de repudiis.

^†878 Leg. 1. ff. de postulando.

^†879 In his sentences, book iv. tit. 9.

^†880 Della guerra civile di Francia, page 96.

^†881 The Chancellor de l’Hospital, ibid.

^†882 It was made in the month of November, 1702.

^†883 Book ix. of laws.

^†884 It is the authentic, sed cum testater.

^†885 Book xii. tit. 2. sect. 16.

^†886 See Julius Capitolinus in Macrino.

^†887 Ibid.

^†888 In his Utopia.

^†889 — Quantum vertice ad oras
æthereas, tantum radice ad Tartara tendit.

Virgil.

^†890 Book 6.

^†891 For instance, his retreat from Germany. Ibid.

^†892 Book 6th of the Gallic wars. Tacitus adds, “Nulli domus aut ager, aut aliqua cura; prout ad quem venére aluntur.” De morib. Germ.

^†893 De morib. German.

^†894 Comites.

^†895 De Bello Gallico, lib. 6.

^†896 See the life of Dagobert.

^†897 See Gregory of Tours, book 6. on the marriage of the daughter of Chilperic. Childebert sends ambassadors to tell him, that he should not give the cities of his father’s kingdom to his daughter, nor his treasures, nor his bondmen, nor horses, nor horsemen, nor teams of oxen, &c.

^†898 The Romans obliged themselves to this by treaties.

^†899 Burgundiones partem Galliæ occuparunt, terrasque cum Gallicis senatoribus diviserunt. Marius’s Chronicle in the year 456.

^†900 Book x. tit. 1. sect. 8, 9, and 16.

^†901 Chap. 54, sect. 1 and 2. This division was still subsisting in the time of Lewis the Debonnaire, as appears by his capitulary of the year 829, which has been inserted in the law of the Burgundians, tit. 79. sect. 1.

^†902 See Procopius, war of the Goths.

^†903 See Procopius, war of the Vandals.

^†904 Licèt eo tempore quo populus noster mancipiorum tertiam & duas terrarum partes accepit, &c. Law of the Burgundians, tit. 54. sect. 1.

^†905 Ut non ampliùs a Burgondionibus qui infra venerunt requiratur quàm ad præsens necessitas fuerit, medietas terræ. Art. 11.

^†906 De morib. German.

^†907 And in that of the Visigoths.

^†908 Tit. 54.

^†909 This is confirmed by the whole title of the code de Agricolis & Censitis, & Colonis.

^†910 Si dentem optimati Burgundioni vel Romano nobili excusserit tit. 26. sect. 1. & si mediocribus personis ingenuis tam Burgundionibus quam Romanis. Ibid. sect. 2.

^†911 Tit. 57.

^†912 Nec preme, nec summum molire per æthera currum;
Altius egressus, cœlestia tecta cremabis;
Inferiùs terras: medio tutissimus ibis.
Neu te dexterior tortum declinet ad anguem,
Neve sinisterior pressam rota ducat ad aram;
Inter utrumque tene.

Ovid. Metam. lib. ii.

^†913 While Gaul was under the dominion of the Romans, they formed particular bodies; these were generally freedmen, or the descendants of freed men.

^†914 See Gregory of Tours, book ii. chap. 27. Aimoin, book i. chap. 12.

^†915 See the lives of the Saints in the next page.

^†916 Ibid. book vi. chap. 31.

^†917 Letter 43. lib. iii. in Cassiod.

^†918 In the year 1763. Innumerabilibus spoliis & captivis totus ille exercitus diratus, in Franciam reversus est.

^†919 See the annals of Fuld, in the year 1739; Paulus Diaconus, de gestis Longobardorum, lib. iii. c. 30. & lib. iv. c. 1. and the lives of the saints in the next quotation.

^†920 See the lives of S. Epiphanius, S. Eptadius, S. Cæsarius, S. Fidolus, S. Porcian, S. Treverius, S. Eusichius, and of S. Leger, the miracles of S. Julian, &c.

^†921 —— Deberant quoque littora ponto.

Ovid. lib. 1.

^†922 Even the husbandmen themselves were not all slaves: see the 18th and 23d law in the code de agricolis, et censitis, et colonis, and the 20th of the same title.

^†923 See Gregory of Tours, book ii.

^†924 Gregory of Tours, book v.

^†925 Quæ conditio universis urbibus per Galliam constitutis summopere est adhibita. Life of S. Aridius.

^†926 Book vii.

^†927 Establishment of the French Monarchy, tom. iii. chap. 14. page 515.

^†928 Book iii. c. 136.

^†929 Tom. iii. p. 514.

^†930 Judices atque præpositi tertias Romanorum, ab illis qui occupatas tenent, auferant, & Romanis suâ exactione sine aliquâ dilatione restituant, at nihil fisco debeat deperire. Lib. x. tit. 1. cap. 14.

^†931 The Vandal’s paid none in Africa. Procopius, war of the Vandals, lib. 1. and 2. Historia Miscella, lib 16. p. 106. Observe that the conquerors of Africa were a mixture of Vandals, Alans, and Franks. Historia Miscella, lib. 14. p. 94.

^†932 Establishment of the Franks in Gaul, tom. iii. chap 14. page 510.

^†933 He lays a stress upon another law of the Visigoths, book x. tit. 1. art xi. which proves nothing at all; it says only, that he who has received of a lord a piece of land on condition of a rent or service, ought to pay it.

^†934 Book iii. p. 511.

^†935 Lege iii. tit. 74. lib. 11.

^†936 Establishment of the French monarchy, tom. iii. chap. 14. page 513. where he quotes the 28th article of the edict of Pistes. See farther on.

^†937 Ibid. tom. iii. chap. 4. page 293.

^†938 In the year 815, chap. 1. which is agreeable to the capitulary of Charles the Bald, in the year 844. art. 1. & 2.

^†939 Pro Hispanis in partibus Aquitaniæ, Septimaniæ, & Provinciæ, consistentibus. Ibid.

^†940 Excubias & explorationes quas Wactas dicunt. Ibid.

^†941 They were not obliged to furnish any to the count. Ibid. art. 5.

^†942 Ut pagenses Franci, qui caballos habent, cum suis comitibus in hostem pergant. The counts are forbid to deprive them of their horses, ut hostem facere, & debitos paraveredos secundum antiquam consuetudinem exsolvere possint. Edict of Pistes in Baluzius, p. 186.

^†943 Capitulary of Charlemaign, in the year 812. chap. 1. Edict of Pistes in the year 864. art. 27.

^†944 Quatuor mansos. I fancy that what they called mansus was a particular portion of land belonging to a farm where there were bondmen; witness the capitulary of the year 853, apud Sylvacum, tit. xiv. against those who drove the bondmen from their mansus.

^†945 See above, chap. xx. of this book.

^†946 In Duchesne, tom. ii. p. 287.

^†947 Ibid. p. 80.

^†948 See the capitulary of the year 858. art. 14.

^†949 They levied also some duties on rivers, where there happened to be a bridge or a passage.

^†950 The census was so generical a word, that they made use of it to express the tolls of rivers, when there was a bridge or ferry to pass. See the third capitulary, in the year 803. edition of Baluzius, page 395. art. 1. and the 5th in the year 819. page 616. They gave likewise this name to the carriages furnished by the freemen to the king, or to his commissaries, as appears by the capitulary of Charles the Bald, in the year 865. art. 8.

^†951 The Abbé du Bos, and his followers.

^†952 See the weakness of the arguments produced by the Abbé du Bos, in the establishment of the French monarchy, tom. iii. book 6. chap. 14. especially in the inference he draws from a passage of Gregory of Tours, concerning a dispute between his church and king Charibert.

^†953 For instance, by infranchisements.

^†954 Law of the Alemans, chap. 22. and the law of the Bavarians, tit. 1. chap. 14. where the regulations are to be found which the clergy made concerning their order.

^†955 Book 5th of the Capitularies, chap. 303.

^†956 Si ille de capite suo bene ingenuus sit, et in Puletico publico censitus non est. Lib. 1. formul. 19.

^†957 In the year 789. edition of the Capitularies by Baluzius, vol. i. p. 250.

^†958 Et ut ista ingenuitatis pagina firma stabilisque consistat. Ibid.

^†959 Pristinæque libertati donatos, & omni nobis debito censu solutos. Ibid.

^†960 Præceptum pro Hispanis, in the year 812. edition of Baluzius, tom. i. page 500.

^†961 In the year 844. edition of Baluzius, tom. ii. art. 1 and 2. page 17.

^†962 Third capitulary of the year 805. art. 20 and 23. inserted in the collection of Anzegise, book iii. art. 15. This is agreeable to that of Charles the Bald, in the year 854. apud Attiniacum, art. 6.

^†963 Undecunque legitime exigebatur. Ibid.

^†964 In the year 812. art. 10. & 11. edition of Baluzius, tom. 1. page 398.

^†965 Undecunque antiquitus ad partem regis venire solebant. Capitulary of the year 812, art. 10. & 11.

^†966 In the year 813. art. 6. edition of Baluxius, tom. i. page 508.

^†967 De illis unde censa exigunt. Capitulary of the year 813. art. 6.

^†968 Book 4. of the Capitularies, art. 37. and inserted in the law of the Lombards.

^†969 Si quis terram tributariam, unde census ad partem nostram exire solebat, susceperit. Book 4. of the Capitularies, art. 37.

^†970 In the year 805. art. 8.

^†971 Unde census ad partem regis exivit antiquitus. Capitulary of the year 805. art. 8.

^†972 Censibus vel paraveredis quos Franci homines ad regiam potestatem exsolvere debent.

^†973 In the year 864. art. 34. edition of Baluzius, page 192.

^†974 De illis francis hominibus qui censum regium de suo capite & de suis recellis debeant. Ibid.

^†975 The 28th article of the same edict explains this extremely well; it even makes a distinction between a Roman freedman and a Frank freedman: And we likewise see there that the census was not general: it deserves to be read.

^†976 As appears by the capitulary of Charlemaign in the year 813, which we have already quoted.

^†977 Comites.

^†978 Qui sunt in truste regis, tit. 44. art. 4.

^†979 Book i. formul. 18.

^†980 From the word trew, which signifies faithful, among the Germans.

^†981 Leudes, fideles.

^†982 Vassalli, seniores.

^†983 Fiscalia. See the 14th formulary of Marculfus, book i. It is mentioned in the life of S. Maur, dedit fiscum unum; and in the annals of Metz, in the year 747, dedit illi comitatus & fiscos plurimos. The goods designed for the support of the royal family were called regalia.

^†984 See the 1st book, tit. 1. of the fiefs; and Cujas on that book.

^†985 Book ix. chap. 38.

^†986 Quos honoraret muneribus, quos ab honore depelleret. Ibid. lib. 7.

^†987 Vel reliquis quibuscumque beneficiis, quodcumque ille, vel fiscus noster, in ipsis locis tenuisse noscitur. Lib. 1. formul. 30.

^†988 Lib. iii. tit. 8. sect. 3.

^†989 Antiquissimo enim tempore sic erat in Dominorum potestate connexum, ut quando vellent possent auferre rem in feudam a se datam: postea vero conventum est ut per annum tantum firmitatem haberent, deinde statutum est ut usque ad vitam fidelis produceretur. Feudorum, lib. 1. tit. 1.

^†990 It was a kind of precarious tenure which the lord consented or refused to renew every year; as Cujas has observed.

^†991 See the capitulary of Charlemaign in the year 812. art. 3. & 4. edition of Baluzius, tom. 1. p. 491. and the edict of Pistes in the year 864. art. 26. tom. i. p. 186.

^†992 Et habebat unusquisque comes Vicarios & Centenarios secum. Book ii. of the capitularies, art. 28.

^†993 They were called Compagenses.

^†994 Published in the year 595. art. 1. See the capitularies, edition of Baluzius, page 20. These regulations were undoubtedly made by agreement.

^†995 Advocati.

^†996 Capitulary of Charlemaign, in the year 812. art. 1. & 5. edition of Baluzius, tom. 1. page 490.

^†997 See the capitulary of the year 803. published at Worms, edition of Baluzius, page 408 & 410.

^†998 Capitulary of Worms in the year 803, edition of Baluzius, page 409. and the council in the year 845, under Charles the Bald, in verno palatio, edition of Baluzius, tom. ii. page 17. art. 8.

^†999 The 5th capitulary of the year 819. art. 27. edition of Baluzius, p. 618.

^†1000 De Vassis Dominicis qui adhuc intra casam serviunt & tamen beneficia habere noscuntur, statutum est ut quicumque ex eis cum Domino Imperatore domi remanserint, vassallos suos casatos secum non retineant; sed cum comite, cujus pagenses sunt, ire permittant. Second Capitulary in the year 812. art. 7. edition of Baluzius, rom. 1. page 494.

^†1001 Capitulary 1. of the year 812. art. 5. de bominibus nostris, & episcoporum & abbatum qui vel beneficia vel talia propria habent, &c. edition of Baluzius, tom. 1. p. 490.

^†1002 In the year 812. chap. 1. edition of Baluzius, page 490. Ut omnis bomo liber quatuor mansos vestitos de proprio suo, sive de alicujus beneficio babet, ipse se præparet, & ipse in hostem pergat, sive cam seniore suo.

^†1003 Tom. 3. book 6. chap. 4. p. 299. establishment of the French monarchy.

^†1004 Capitulary of the year 882. art. 11. apud vernum palatium, edition of Baluzius, tom. ii. page 289.

^†1005 Art. 1, 2, and the council in verno palatio of the year 845. art. 8. edition of Baluzius, tom. ii. page 17.

^†1006 Or assizes.

^†1007 Capitularies book fourth of the collection of Angezize, art. 57. and the 5th capitulary of Lewis the Pious in the year 819. art. 14th, edition of Baluzius, tom. 1. page 615.

^†1008 See the 8th note of the preceding chapter.

^†1009 It is to be found in the collection of William Lambard, de priscis Anglorum legibus.

^†1010 In the word Satrapia.

^†1011 This is well explained by the assizes of Jerusalem, chap. 221 and 222.

^†1012 The advowees of the church (advocati) were equally at the head of their placita; and of their militia.

^†1013 See the 8th formulary of Marculfus, book i. which contains the letters given to a duke, patrician, or count, and invests them with the civil jurisdiction, and the fiscal administration.

^†1014 Chronicle, chap. 78. in the year 636.

^†1015 See concerning this subject the capitularies of Lewis the Pious, added to the Salic law, art 2. and the formula of judgments given by Du Cange in the word boni homines.

^†1016 Per bonos homines, sometimes there were none but principal men. See the appendix to the formularies of Marculsus, ch. 51.

^†1017 And some tolls on rivers, of which I have spoken already.

^†1018 See the law of the Ripuarians, tit. 89. and the Law of the Lombards, book ii. tit. 52. sect. 9.

^†1019 Suscipere tam inimicitias, seu patris seu propinqui, quam amicitias necesse est: nec implacabiles durant; luitur enim etiam homicidium certo armentorum ac pecorum numero, recipitque satisfactionem universa domus. Tacit. de morib. Germ.

^†1020 See this law in the 2d title on murders; and Vulemar’s addition on robberies.

^†1021 Additio sapientum, tit. i. sect. 1.

^†1022 Salic tit. lviii. sect. 1. tit. xvii. sect 3.

^†1023 The Salic laws are admirable in this respect, see especially the titles 2, 3, 4, 5, 6, and 7, which related to the stealing of cattle.

^†1024 Book i. tit. 7. sect. 15.

^†1025 See the law of the Angli, tit. i. sect 1, 2, & 4, ibid. tit. v. sect vi. the law of the Bavarians, tit. i. chap 8. & 9. and the law of the Frisians, tit. xv.

^†1026 Tit. ii. chap. 20.

^†1027 Hozidra, Hozza, Sagena, Habilingua, Aniena. Ibid.

^†1028 Thus the law of Ina valued life by a certain sum of money, or by a certain portion of land. Leges Inæ regis, titulo de villico regio de priscis Anglorum legibus, Cambridge, 1644.

^†1029 See the law of the Saxons, which makes this same regulation for several people, chap. 18. See also the law of the Ripuarians, tit. 36. sect. 11. the law of the Bavarians, tit. 1. sect. 10, and 11. Si aurum non babet, donet aliam pecuniam, mancipia, terram, &c.

^†1030 See the law of the Lombards, book i. tit. 25. sect. 21. ibid. book i. tit. 9. sect. 8 and 34. ibid. sect. 38, and the capitulary of Charlemaign in the year 802. chap. 32. containing an instruction given to those whom he sent into the provinces.

^†1031 See in Gregory of Tours, book vii. chap. 47. the detail of a process, wherein a party loses half the composition that had been adjudged to him, for having done justice to himself, instead of receiving satisfaction, whatever injury he might have afterwards received.

^†1032 See the law of the Saxons. chap. 3 and 4. the law of the Lombards, book i. tit. 37. sect. 1 and 2. and the law of the Alemans, tit. 45. sect 1 and 2. This last law gave leave to the party injured to right himself upon the spot, and in the first transport of passion. See also the capitularies of Charlemaign in the year 779. chap. 22. in the year 802. chap. 32. and also that of the year 805. chap. 5.

^†1033 The compilers of the law of the Ripuariaus seem to have softened this. See the 85th title of those laws.

^†1034 See the decree of Taffillon, de popularibus legibus, art. 3, 4, 10, 16, 19. the law of the Angli. tit. 7. sect. 4.

^†1035 Book i. tit. ix. sect. 4.

^†1036 Pactus pro tenore pacis inter Childebertum & Clotarium, anno 593. & decretio Clotarii 2. regis, circa annum 595. chap. 11.

^†1037 When it was not determined by the law, it was generally the third of what was given for the composition, as appears in the law of the Ripuarians, chap. 89. which is explained by the third capitulary of the year 813. Edition of Baluzius. tom, 1. page 512.

^†1038 Book i. tit. 9. sect. 17. edition of Lindenbrock.

^†1039 Tit. 70.

^†1040 Tit. 46. See also the law of the Lombards, book i. chap. 21. sect. 3. Lindenbrock’s edition: Si caballus cum pede, &c.

^†1041 Tit. 28. sect. 6.

^†1042 As appears by the decree of Clotharius II. in the year 595; fredus tamen judici in cujus page est reservetur.

^†1043 Tit. 85.

^†1044 Capitulare incerti anni, chap. 57. in Baluzius. tom. i. page 515. and it is to be observed, that what was called fredum or faida, in the monuments of the first race, is known by the name of bannum in those of the second race, as appears from the capitulary de partibus Saxoniæ, in the year 789.

^†1045 See the capitulary of Charlemaign, de villis, where he ranks these freda among the great revenues of what was called villæ, or the king’s demesnes.

^†1046 See the 3d, 8th, and 17th formula, book i. of Marculsus.

^†1047 See the 2d, 3d, and 4th formula of Marculsus, book i.

^†1048 See the collections of those charters, especially that at the end of the 5th volume of the historians of France, published by the Benedictine monks.

^†1049 See the 3d, 4th, and 14th of the first book, and the charter of Charlemaign, in the year 771, in Martenne, tom. i. Anecdot. collect. 11. Præcipientes jubemus ut ullus judex publicus . . . . . bomines ipsius ecclesiæ et monasterii ipsius Morbacensis tam ingenuos quam et servos, & qui super eorum terras manere, &c.

^†1050 Treatise of village jurisdictions.

^†1051 See Mons. du Cange on the word bominium.

^†1052 See the 3d and 4th formulary of Marculsus, book 1.

^†1053 Ne alibi nisi ad ecclesiam, ubi relaxati sunt, mallum teneant, tit. 58. sect. 1. See also sect. 19. Lindenbrock’s edition.

^†1054 Tabulariis.

^†1055 Mallum.

^†1056 Vita S. Germeri Episcopi Tolosani apud Bollandianos, 16 Maii.

^†1057 See also the life of S. Melanius, and that of S. Deicola.

^†1058 In the council of Paris, in the year 615. Episcopi vel potentes, qui in aliis possident regionibus, judices vel missos discussores de aliis provinciis non instituant, nisi de loco qui justitiam percipiant & aliis reddant, art. 19. See also the 12th art.

^†1059 Ibid. art. 5.

^†1060 In the law of the Lombards, book ii. tit. 44. chap. 2. Lindenbrock’s edition.

^†1061 Servi Aldiones, libellarii antiqui, vel alii noviter facti. Ibid.

^†1062 Letter in the year 858. art. 7. in the capitularies, p. 108. Sieut illæ res et facultates, in quibus vivunt clerici, ita et illæ sub consecratione immunitatis sunt, de quibus debent militare vassalli.

^†1063 It is added to the law of the Bavarians, art. 7. See also the 3d. art. Lindenbrock’s edition, page 444. Imprimis omnium jubendam est ut habeant ecclesiæ earum justitias, & in vita illorum qui habitant in ipsis ecclesiis & post, tam in pecuniis quam et in substantiis earum.

^†1064 In the year 857. in synodo apud Carifiatum, art. 9. edition of Baluzius, page 96.

^†1065 See the letter written by the bishops assembled at Rheims in the year 858. art. 7. in the capitularies, Baluzius’s edition, page 108. Sicut illæ res & facultates in quibus vivunt clerici, ita et illæ sub consecratione immunitatis sunt de quibus debent militare vassalli, &c.

^†1066 Tit. iii. chap. 13. Lindenbrock’s edition.

^†1067 Tit. 85.

^†1068 In the year 595. art. 11 & 12. edition of the capitularies by Baluzius, page 19. Pari conditione convenit ut si una centena in alia centena vestigium secuta fuerit et invenerit, vel in quibuscunque fidelium nostrorum terminis vestigium miserit, & ipsum in aliam centenam minime expellere potuerit, aut convictus reddit latronem, &c.

^†1069 Si vestigius comprobatur latronis, tamen præsentia nihil longe mulctando; aut si persequens latronem suum comprehenderit, integram sibi compositionem accipiat. Quod si in truste invenitur, medietatem compositionis trustis adquirat, & capitale exigat a latrone, art. 2. & 3.

^†1070 See the Glossary on the word trustis.

^†1071 Inserted in the law of the Lombards, book ii. tit. 52. sect. 14. it is the capitulary of the year 793. in Baluzius, page 544. art. 10.

^†1072 Et si forsitan Francus aut Longobardus habens beneficium justitiam facere noluerit, ille judex in cujus ministerio fuerit, contradicat illi beneficium suum, interim dum ipse aut missus ejus justitiam faciat. See also the same law of the Lombards, book ii. tit. 52. sect. 2. which relates to the capitulary of Charlemaign of the year 779. art. 21.

^†1073 The third of the year 812. art. 10.

^†1074 The second of the year 813. Baluzius’s edition.

^†1075 Capitulare quintum anni 819. art. 90. Baluzius’s edition, page 617. Ut ubicumque missi, aut episcopum, aut abbatem, aut alium quemlibet bonore præditum invenerint qui justitiam facere noluit vel probibuit, de ipsius rebus vivant quamdiu in eo loco justitias facere debent.

^†1076 Edictum in Carisiaco in Balluzius, tom. ii. page 152. Unusquisque advocatus pro omnibus de sua advocatione . . . . . in convenientia ut cum ministerialibus de sua advocatione quos invenerit contra bunc bannum nostrum fecisse . . . . castiget.

^†1077 Edictum Pistense, art. 18. Baluzius’s edition, tom. ii. page 181. Si in fiscum nostrum vel in quamcunque immunitatem aut alicujus potentis potestatum vel proprietatem confugerit, &c.

^†1078 Lib. 1. Maximum regni nostri augere credimus monimentum, si beneficia opportuna locis ecclesiarum aut cui volueris dicere, benevola deliberatione concedimus.

^†1079 I have already quoted it in the preceding chapter, Episcopi vel potentes.

^†1080 Hist. lib. vi.

^†1081 Totusque tractus Armoricus aliæque Galliarum provinciæ. Ibid.

^†1082 Tom. ii. book 3. chap. 18. page 270.

^†1083 See the preliminary discourse of the Abbé du Bos.

^†1084 See the establishment of the French monarchy, vol. iii. book 6. chap. 4. page 304.

^†1085 He cites the 44th title of this law, and the law of the Ripuarians, tit. 7. and 36.

^†1086 Qui in truste dominica est, tit. 44. sect. 4. and this relates to the 13th formulary of Marculfus, de regis Antrustione. See also the title 66. of the Salic law, sect. 3. and 4. and the title 74. and the law of the Ripuarians, tit. 11. and the capitulary of Charles the Bald apud Carisiacum, in the year 877. chap. 20.

^†1087 Salic law, tit. 44. sect. 6.

^†1088 Ibid. tit. 44. sect. 4.

^†1089 Tit. 44. sect. 15.

^†1090 Tit. 44 sect. 15.

^†1091 Salic law, tit. 44. sect. 7.

^†1092 Si quis quolibet casu dentem optimati Burgundioni vel Romano nobili excusserit, solidos viginti quinque cogatur exsolvere; de mediocribus personis ingenuis tam Burgundionibus quam Romanis si dens excussus fuerit, decem solidis componatur; de inferioribus personis, quidque solidos. Art. 1, 2, and 3, of tit. 26. of the law of the Burgundians.

^†1093 Establishment of the French monarchy, vol. iii. book 6. chap. 4. and 5.

^†1094 Ibid. vol. iii. chap. 5. page 319 and 320.

^†1095 Establishment of the French monarchy, vol. iii. b. 6. c. 4. p. 307 and 308.

^†1096 Ibid. page 309. and in the following chapter, page 319 and 320.

^†1097 See the 28th book of this work, chap. 28. and the 31st. book, chap. 8.

^†1098 Itaque Colonia convenit & ita bannivimus, ut unusque judex criminosum latronem ut audierit, ad casam suam ambulet & ipsum ligare faciat; ita ut si Francus fuerit, ad nostram præsentiam dirigatur; & si debilior persona fuerit, in loco pendatur. Capitulary, of Baluzius’s edition, tom. i. page 19.

^†1099 See the 28th book of this work, chap. 28. and the 31st book, chap. 8.

^†1100 Chap. 43. and 44.

^†1101 O qualem remunerationem reddidisti ei! fecit te liberum, non nobilem, quod impossibile est post libertatem. Ibid.

^†1102 Establishment of the French monarchy, vol. iii. book 6. chap. 4. p. 3, 6.

^†1103 Ibid.

^†1104 Establishment of the French monarchy, vol. iii. book 6. chap. 4. p. 3. 6.

^†1105 Omnes episcopi molesti fuerunt Ludovico, & maximè ii quos è servile conditione honoratos habebat, cum his qui ex barbaris nationibus ad hoc fasti. gium perducti sunt. De gestis Ludovici Pii, cap. 43 & 44.

^†1106 Chap. 23.

^†1107 Establishment of the French monarchy, vol. iii. book 6. chap. 4. p. 302.

^†1108 Gregory of Tours, book iv. chap. 42.

^†1109 Chap. vii.

^†1110 Fredegarius’s chronicle, chap. 42.

^†1111 Clotharius II. son of Chilperic, and father of Dagobert.

^†1112 Fredegarius’s chronicle, chap. 42.

^†1113 See Gregory of Tours, book viii. chap. 31.

^†1114 Sæva illi fuit contra personas iniquitas, fisco nimium tribunes, de rebus personarum ingeniose fiscum vellens implere . . . . ut nullus reperiretur qui gradum quem arripuerat potuisset adsumere. Fredeg. chron. chap. 27. in the year 605.

^†1115 Ibid cap. 28. in the year 607.

^†1116 Ibid cap. 41. in the year 613. Burgundiæ farones, tam episcopi quam cæteri Leudes, timentes Brunecbildem et odium in eam habentes, consilium inientes, &c.

^†1117 Ibid. cap. 42. in the year 613. Sacramento a Clothario accepto ne unquam vitæ suæ temporibus degradaretur.

^†1118 Some time after Brunechild’s execution, in the year 615. See Baluzius’s edition of the capitularies, page 21.

^†1119 Quæ contra rationis ordinem acta vel ordinata sunt, ne in antea, quod avertat divinitas, contingant, disposuerimus, Christo præsule, per hujus edicti tenorem generaliter emendare. Ibid. art. 16.

^†1120 See Baluzius’s edit. of the capitularies, art. 16.

^†1121 Ibid. art. 17.

^†1122 Et quod per tempora ex hoc prætermissum est vel dehinc perpetualiter observetur.

^†1123 Ita ut episcopo decedente in loco ipsius, qui a metropolitano ordinari debet cum principalibus, a clero et populo eligatur; et si persona condigna fuerit, per ordinationem principis ordinetur; vel certe si de palatio eligitur, per meritum personæ & doctrinæ ordinetur. Ibid. art. 1.

^†1124 Ut ubicumque census novus impiè additus est, emendetur. Art. 8.

^†1125 Ibid. art. 9.

^†1126 Ibid. art. 21.

^†1127 They were orders which the king sent to the judges, to do or to tolerate things contrary to law.

^†1128 See Gregory of Tours, book iv. page 227. Both our history and the charters are full of this; and the extent of these abuses appears especially in Clotharius’s constitution, inserted in the edition of the capitularies made to reform them. Baluzius’s edition, page 7.

^†1129 Art. 22.

^†1130 Ibid. art. 6.

^†1131 Ibid.

^†1132 In Baluzius’s edition of the capitularies, tom. i. page 7.

^†1133 In the preceding book I have made mention of these immunities, which were grants of judicial rights, and contained prohibitions to the regal juges to perform any function in the territory, and were equivalent to the erection or grant of a fief.

^†1134 He began to reign towards the year 670.

^†1135 See the life of S. Leger.

^†1136 Instigante Brunechilde, Theodorico jubente, &c. Fredegarius, chap. 27. in the year 605.

^†1137 Gesta regum Francorum, cap. 36.

^†1138 See Fredegarius’s chronicle, chap. 54, in the year 626, and his anonymous continuator, chap. 101. in the year 695. and chap. 105. in the year 715. Aimoin, book iv. chap. 15. Eginhard, life of Charlemaign, chap. 48. Gesta regum Francorum, chap. 45.

^†1139 See the law of the Burgundians in præfat. and the second supplement to this law, tit. 13.

^†1140 See Gregory of Tours, book ix. chap. 36.

^†1141 Eo anno Clotarius cum proceribus et leudibus Burgundiæ Trecassinis conjugitur, cum eorum effet sollicitus si vellent jam Warnachario discesso, alium in ejus honoris gradum sublimare: Sed omnes unanimiter denegantes se nequaquam velle majorem domus eligere, regis gratiam obnixe petentes, cum rege transegere. Fredegarius’s, chronicle, chap. 54, in the year 626.

^†1142 Istam victoriam quam Winidi contra Francos meruerunt, non tantùm Sclavinorum fortitudo obtinuit, quantùm dementatio Austrasiorum, dum se cernebant cum Dagoberto odium incurrisse, et assidue expoliarentur. Fredegarius’s chronicle, chap. 68. in the year 630.

^†1143 Deinceps Austrasii eorum studio limitem et regnum Francorum contra Winidos utiliter defensasse noscuntur. Fredagarius’s chronicle, chap. 75, in the year 632.

^†1144 Fredegarius’s chronicle, chap. 79. in the year 638.

^†1145 Ibid.

^†1146 Ibid. chap. 80. in the year 639.

^†1147 Ibid. chap. 89. in the year 641.

^†1148 Ibid. cap. 89. Floachatus cunctis ducibus a regno Burgundiæ seu et pontisicibus, per epistolam etiam et sacramentis firmavit unicuique gradum honoris et dignitatem, seu et amicitiam, perpetuo conservare.

^†1149 Deinceps a temporibus Clodovei qui suit filius Dagoberti inclyti regis, pater vero Theodorici, regnum Francorum decidens per majores domus, cœpit ordinari. De majoribus domus regia.

^†1150 Reges ex nobilitate, duces, ex virtute sumunt. De moribus Germanorum.

^†1151 See Sulpicius Alexander in Gregory of Tours, book 2.

^†1152 In the year 552.

^†1153 Leutharis vero et Butilinus, tametsi id regi ipsorum minime placebat, belli cum eis societatem inierunt. Agathias, book 1. Gregory of Tours, book iv. chap. 9.

^†1154 Gontram did not even march against Gondovald, who stiled himself son of Clotharius, and claimed his share of the kingdom.

^†1155 Sometimes to the number of twenty. See Gregory of Tours, book v. chap. 27. book viii. chap. 18, and 30. book x. chap. 3. Dagobert, who had no mayor in Burgundy, observed the same policy, and sent against the Gascons ten dukes and several counts who had no dukes over them. Fredegarius’s Chronicle, chap. 78. in the year 636.

^†1156 Gregory of Tours, book viii. chap. 30. and book x. chap. 3. Ibid. book viii. chap. 30.

^†1157 Ibid.

^†1158 See the second supplement to the law of the Burgundians, tit. 13. and Gregory of Tours, book ix. chap. 36.

^†1159 See the annals of Metz, year 687, and 688.

^†1160 Illis quidem nomina regum imponens, ipse totius regni habens privilegium, &c. Annals of Metz, year 695.

^†1161 Ibid, year 719.

^†1162 Sedemque illi regalem sub sua ditione concessit. Ibid. anno 719.

^†1163 Ex chronico Centulensi, lib. 2. Ut responsa quæ erat eductus vel potius jussus ex sua velut potestate redderet.

^†1164 Annals of Metz, anno 691. Anno principatus Pippini super Theodoricum . . . . . Annals of Fuld, or of Laurisham. Pippinus dux Francorum obtinuit regum Francorum per annos 27. cum regibus sibi subjectis.

^†1165 Posthæc Theudoaldus filius ejus (Grimoaldi) parvulus in loco ipsius, cum prædicto rege Dagoberto, major-domus pallatii effectus est. The anonymous continuator of Fredegarius in the year 714. chap. 104.

^†1166 Cited by Gregory of Tours, book 9. See also the edict of Clotharius II. in the year 615. art. 16.

^†1167 Ut si quid de agris fiscalibus vel speciebus atque præsidio pro arbitrii sui voluntate facere aut cuiquam conserre voluerint, fixa stabilitate perpetuo conservetur.

^†1168 See the 24th and the 34th of the first book.

^†1169 See the 14th formula of the first book, which is equally applicable to the fiscal estates given directly and in perpetuity, or given at first as a benefice, and afterwards in perpetuity: Sicut ab illo aut a fisco nostro fuit possessa. See also the 17th formula, ibid.

^†1170 Book i. formulary 13.

^†1171 Tit. 44. See also the titles 66. sect. 3. and 4. and tit. 74.

^†1172 Tit. 2.

^†1173 See also the law of the Ripuarians, tit. 7. and the Salic law, tit. 44. art. 1. and 4.

^†1174 Salic law, tit. 59, and 76.

^†1175 Extra sermonem regis. Salic law, tit. 59, and 76.

^†1176 Ibid. tit. 59. sect. 1.

^†1177 Ibid. tit. 76. sect. 1.

^†1178 Ibid. tit. 56, and 59.

^†1179 Ibid. tit. 76. sect. 1.

^†1180 Ibid. tit. 76. sect. 2.

^†1181 Apud Vernis Palatium, in the year 883. art. 4, and 11.

^†1182 Capitulary of Charlemaign, in the year 812. art. 1, and 3.

^†1183 Heribannum.

^†1184 Non infirmis reliquit hæredibus, says Lambert à Ardres, in Du Cange, on the word alodis.

^†1185 See those quoted by Du Cange, in the word alodis, and those produced by Galland, in his treatise of allodial lands, page 14. and the following.

^†1186 Second capitulary of the year 802, art. 10. and the 7th capitulary of the year 803. art. 3. the 1st capitulary incerti anni, art. 49. the 5th capitulary of the year 806. art. 7. the capitulary of the year 779. art. 29. and the capitulary of Lewis the Pious, in the year 829. art. 1.

^†1187 The 5th of the year 806. art. 8.

^†1188 In Gregory of Tours, book vi. chap. 46.

^†1189 This is what induced him to annul the testaments made in favour of the clergy, and even the donations of his father; Gontram re-established them, and even made new donations. Gregory of Tours, book vii. chap. 7.

^†1190 See the annals of Metz, year 687. Excitor imprimis querelis sacerdotum & servorum Dei, qui me sæpius adierunt ut pro sublatis injuste patrimoniis, &c.

^†1191 See the annals of Metz.

^†1192 In Gregory of Tours.

^†1193 Karolus plurima juri ecclesiastico detrahens prædia fisco sociavit, ac deinde militibus dispertivit. Ex Chronico Centulenst, lib. ii.

^†1194 See the annals of Metz.

^†1195 Epistolam quoque, decreto Romanorum principum, sibi prædictus præful Gregorius miserat, quod sese populus Romanus relicta imperatoris dominatione, ad suam defensionem & invictam clementiam convertere voluisset Annals of Metz, year 741. Eo pacta patrato, ut a partibus imperatoris recederet. Fredegarius.

^†1196 Anno 858. apud Carisianum; Baluzius’s edition, tom. 1. page 101.

^†1197 Ibid. art. 7. page 109.

^†1198 Precaria, quod precibus utendum conceditur, says Cujas in his notes upon the first book o fiefs. I find in a diploma of king Pepin, dated the 3d year of his reign, that the prince was not the first who established these precaria; he cites one made by the mayor Ebrom, and continued after his time. See the diploma of the king, in the 5th tom. of the historians of France by the Benedictins, art. 6.

^†1199 In the year 743. see the 5th book of the capitularies, art. 3. Baluzius’s edition, page 825.

^†1200 That of Metz, in the year 736, art. 4.

^†1201 See his capitulary in the year 803, given at Worms, Baluzius’s edition, page 411. where he regulates the precarious contract; and that of Frankfort, in the year 794, page 267. art. 24. in relation to the repairing of the houses; and that of the year 800. page 330.

^†1202 As appears by the preceding note, and by the capitulary of Pepin king of Italy, where it says, that the king would give the monasteries in fief to those who would swear allegiance for fiefs: it is added to the law of the Lombards, book iii. tit. 1. sect. 30. and to the Salic laws, collection of Pepin’s laws in Echard, page 195. tit. 26. art. 4.

^†1203 See the constitution of Lotharius I. in the law of the Lombards, book iii. law 1. sect. 43.

^†1204 Cum consilio & consensu ipsius qui locum retinet.

^†1205 Ibid. sect. 44.

^†1206 Ibid.

^†1207 Given the 28th year of the reign of Charles the Bald, in the year 868. Baluzius’s edition, page 2, 3.

^†1208 Consistum apud Bonoilum, the 16th year of Charles the Bald, in the year 856, Baluzius’s edition, page 78.

^†1209 In the civil wars which broke out at the time of Charles Martel, the lands belonging to the Church of Rheims were given away to laymen; the clergy were left to shift as well as they could, says the life of Remigius, Surius tom. 1. page 279.

^†1210 Law of the Lombards, book 3. tit. 3. sect. 1. and 2.

^†1211 It is that on which I have descanted in the 4th chapter of this book, and which is to be found in Baluzius’s edition of the capitularies, tom. 1. art. 11. page 9.

^†1212 Agratia & pascuria vel decimas porcorum ecclesiæ concedimus, ita aut actor aut decimator in rebus ecclesiæ nullus accedat. The capitulary of Charlemaign in the year 800. Baluzius’s edition, page 336. explains extremely well what is meant by that sort of tithe from which the church is exempted by Clotharius; it was the tithe of the swine which were put into the king’s forests to fatten; and Charlemaign enjoins his judges to pay it, as well as other people, in order to set an example: it is plain, that this was a right of seigniory or economy.

^†1213 Canone 5. ex tomo 1. conciliorum antiquorum Galliæ opera Jacobi Sirmundi.

^†1214 Art. 6. Baluzius’s edition, page 332. it was given in the year 800.

^†1215 Held under Charlemaign, in the year 794.

^†1216 Experimento enim didicimus in anno quo illa valida fames irrepsit, ebullire vacuas annonas a dæmonibus devoratas, & voces exprobrationis auditas, &c. Baluzius’s edition, page 267. art. 23.

^†1217 See among the rest the capitulary of Lewis the Debonnaire, in the year 829. Baluzius’s edition, page 663. against those who to avoid paying tithes neglected to cultivate the lands, &c. art. 5. Nonis quidem & decimis, unde & genitor noster et nos frequenter in diversis placitis admonitionem fecimus.

^†1218 Among others, that of Lotharius, book 3. tit. 3. chap. 6.

^†1219 In the year 829. art. 7. in Baluzius, tom. 1. page 663.

^†1220 In the law of the Lombards, book 3. tit. 3. sect. 8.

^†1221 It is a kind of codicil produced by Eginhard, and different from the will itself, which we find in Goldastus and Baluzius.

^†1222 See the capitulary of Charlemaign in the year 803. art. 2. Baluzius’s edition, page 379. and the edict of Lewis the Pious, in the year 834, in Goldast. Constit. Imperial. tom. 1.

^†1223 This is mentioned in the famous canon, ego Ludovicus, which is a palpable forgery; it is in Baluzius’s edition, page 591. in the year 817.

^†1224 As appears by his capitulary, in the year 801. art. 17. in Baluzius, tom. 1. page 360.

^†1225 See his constitution, inserted in the code of the Lombards, book 3. tit. 1. sect. 44.

^†1226 See the above constitution, and the capitulary of Charles the Bald, in the year 846. chap. 20. in villa Sparnaco, Baluzius’s edition, tom. 2. page 31. and that of the year 853. chap. 3. and 5. in the synod of Soissons, Baluzius’s edition, tom. 2. page 54. and that of the year 854. apud Attiniacum, chap. 10. Baluzius’s edition, tom. 2. page 70. See also the first capitulary of Charlemaign, incerti anni, art. 49. and 56. Baluzius’s edition, tom. 1. page 519.

^†1227 See the capitularies, book 5. art. 44. and the edict of Pistes in the year 869. art. 8. and 9. where we find the honorary rights of the lords established, in the same manner as they are at this very day.

^†1228 See the will of Charlemaign, and the division which Lewis the Debonnaire made to his children in the assembly of the states held at Querzy, produced by Goldast, quem populos eligere velit, ut patri suo succedat in regni hæreditate.

^†1229 The anonymous chron. in the year 752. and Chronic. Centul. in the year 754.

^†1230 Fabella quæ post Pippini mortem excogitata est, equitati ac sanctitati Zachariæ papæ plurimum adyersatur . . . . . Ecclesiastic annals of the French, tom. 2. page 319.

^†1231 Vol. 5th of the historians of France by the Benedictins, page 9.

^†1232 Ut numquam de alterius lumbis regem in ævo presumant eligere, sed ex ipsorum. Vol. 5th o the bistorians o France page 10.

^†1233 In the year 768.

^†1234 Tom. 2. lectionis antiquæ.

^†1235 Edition of the capitularies, tom. 1, page 188.

^†1236 In the first capitulary of the year 806. Baluzius’s edition, page 439, art. 5.

^†1237 In Goldast. Imperial. Constitut. tom. 2. page 19.

^†1238 Baluzius’s edition, page 574. art. 14. Si vero aliquis illorum decedens legitimos filios reliqueret, non inter eos potestas ipsa dividatur, sed potius populus pariter conveniens, unum ex eis quem dominus voluerit eligat, et hunc senior frater in loco fratris et filii suscipiat.

^†1239 Capitulary of the year 877. Baluzius’s edition, page 272.

^†1240 In father Labbe’s councils, tom. 9. col. 424. and in Dumont’s Corp. Diplomat. tom. 1. art. 36.

^†1241 By the mother’s side.

^†1242 See his 3d capitulary of the year 811. page 486. art. 1, 2, 3, 4, 5, 6, 7, and 8, and the first capitulary of the year 812. page 490. art. 1. and the capitulary of the year 812. page 494. art. 9, and 11.

^†1243 See the capitulary de villis in the year 800. his 2d capitulary of the year 813. art. 6. and 19, and the 5th book of the capitularies, art. 303.

^†1244 Capitul. de villis, art. 39. See this whole capitulary, which is a masterpiece of prudence, good administration, and economy.

^†1245 See among others the foundation of the archbishoprick of Bremen in the capitulary of the year 789. Baluzius’s edition, page 245.

^†1246 For instance, the prohibition to the King’s judges against entering upon the territory to demand the freda, and other duties. I have said a good deal concerning this in the preceding book.

^†1247 The anonymous author of the life of Lewis the Debonnaire in Duchesne’s collection, tom. 2. page 295.

^†1248 See his trial and the circumstances of his deposition, in Duchesne’s collection, tom. 2. page 331.

^†1249 See his letters.

^†1250 See his trial and the circumstances of his deposition, in Duchesne’s collection, tom. 2. page 331. See also his life written by Tegan Tanto enim odio laborabat, ut taederet eos vita ipsius, says this anonymus author in Duchesne, tom. 2. page 307.

^†1251 Tegan says that what seldom happened under Charlemaign was a common practice under Lewis.

^†1252 Being desirous to check the nobility, he promoted one Bernard to the place of Chamberlain, by which the great lords were exasperated to the highest pitch.

^†1253 Villas regias quae erant sui et avi et tritavi, fidelibus suis tradidit eas in possessiones sempiternas: fecit enim hoc diu tempore. Tegan de Gestis Ludovici Pii.

^†1254 Hinc libertatis, hinc publica in propriis usibus distribuere suasit. Nitard, Lib. 4. propre finem.

^†1255 Rempublicam penitùs annullavit. Ibid.

^†1256 See book xxx. chap. 13.

^†1257 Hincmar, let. 1. to Lewis the Stammerer.

^†1258 See the fragment of the chronicle of the monastery of S. Sergius in Angers in Du Chesne, tom. ii. page 40.

^†1259 See what the bishops say in the synod of the year 845. Apud Teudonis Villam.

^†1260 See the synod in the year 845, apud Teudonis Villam, art. 3, and 4, which gives a very exact description of things; as also, that of the same year, held at the palace of Vernes, art. 12, and the synod of Beauvais also in the same year, art. 3, 4, and 6; and the capitulary in villa Sparnaco, in the year 846, art. 20, and the letter which the bishops assembled at Rheims wrote in 858, to Lewis king of Germany, art. 8.

^†1261 See the capitulary in villa Sparnaco, in the year 846. The nobility had set the king against the bishops, insomuch that he expelled them from the assembly; a few of the canons enacted in council were picked out, and the prelates were told that these were the only ones which should be observed; nothing was granted them that could be refused. See art. 20, 21, and 22. See also the letter which the bishops assembled at Rheims wrote in the year 858 to Lewis king of Germany, and the edict of Pistes, in the year 864, art. 5.

^†1262 See this very capitulary in the year 846, in villa Sparnaco. See also the capitulary of the assembly held apud Marsnam, in the year 847. art. 4. wherein the clergy reduced themselves to demand only the restitution of what they had been possessed of under Lewis the Debonnaire. See also the capitulary of the year 851. apud Marsnam, art. 6. and 7. which confirms the nobility and clergy in their several possessions, and that apud Bonoilum, in the year 856, which is a remonstrance of the bishops to the king, because the evils, after so many laws, had not been redressed; and, in fine, the letter which the bishops assembled at Rheims wrote in the year 858, to Lewis king of Germany, art. 8.

^†1263 Art. 8.

^†1264 See the capitulary of the year 852. art. 6. & 7.

^†1265 Charles the Bald, in the synod of Soissons, says, that he had promited the bishops not to issue out any more precepts relating to church-lands. Capitularies of the year 853. art. 11. Baluzius’s edition, tom. ii. p. 56.

^†1266 See the capitulary of Charles the Bald, apud Saponarias, in the year 859. art. 3. “Venilon, whom I made archbishop of Sens, has consecrated me; and I ought not to be expelled the kingdom by any body.” Saltem sine audientia & judicio episcoporum, quorum ministerio in regem sum consecratus, & qui throni Dei sunt dicti, in quibus Deus sedet, & per quos sua decernit judicia, quorum paternis correctionibus & castigatoriis judiciis me subdere fui paratus & in præsenti sum subditus.

^†1267 See the capitulary of Charles the Bald, de Carisiaco, in the year 857. Baluzius’s edition, tom. ii. page 81. sect. 1, 2. 4. & 7.

^†1268 See the synod of Pistes in the year 802. art. 4. and the capitulary of Lewis II. apud vernis palatium, in the year 883. art. 4. and 5.

^†1269 Capitulary of the year 876, under Charles the Bald, in Synodo Pontigonensi, Baluzius’s edition, art. 12.

^†1270 See what has been said already, book xxx. last chapter towards the end.

^†1271 In the year 587. in Gregory of Tours, book 9.

^†1272 See the following chapter, where I shall speak more diffusively of those partitions; and the notes in which they are quoted.

^†1273 In the year 806, between Charles, Pepin, and Lewis; it is quoted by Goldast, and by Baluzius, tom. 1. p. 439.

^†1274 Art. 9. page 443. which is agreeable to the treaty of Andely in Gregory of Tours, book ix.

^†1275 Art. 10. and there is no mention made of this in the treaty of Andely.

^†1276 In Baluzius, tom. i. p. 574. Licentiam habeat unusquisque liber homo qui seniorem non habuerit, cuicumque ex his tribus sratribus voluerit, se commendandi, art. 9. See also the division made by the same emperor in the year 837. art. 6. Baluzius’s edition, page 686.

^†1277 In the year 811. Baluzius’s edition, tom. 1. page 486. art. 7. and 8. and that of the year 812. ibid. page 490. art. 1. Ut omnis liber homo qui quatuor mansos vestitos de proprio suo, sive de alicujus beneficio, habet, ipse se præparet, & ipse in hostem pergat sive cum seniore suo, &c. See also the capitulary of the year 807. Baluzius’s edition, tom. 1. page 458.

^†1278 In the year 793. inserted in the law of the Lombards, book iii. tit. 9. chap. 9.

^†1279 In the year 847. quoted by Aubert Le Mire, and Baluzius, tom. ii. p. 42. Conventus apud Marsnam.

^†1280 Adnunciato.

^†1281 Ut unusquisque liber homo in nostro regno seniorem quem voluerit in nobis & in nostris fidelibus accipiat, art. 2. of the Declaration of Charles.

^†1282 Capitulary of the year 877. tit. 53. art. 9. and 10. apud Carisiacum, similiter & de nostris vassallis faciendum est, &c. This capitulary relates to another of the same year, and of the same place, art. 3.

^†1283 Capitulary of Aix la Chapelle, in the year 813. art. 16. quod nullus seniorem suum dimittat postquam ab eo acceperit valente solidum unum; and the capitulary of Pepin, in the year 783. art. 5.

^†1284 See the capitulary de Cansiaco, in the year 856. art. 10. and 13. Baluzius’s edition, tom, 2. page 83. in which the king, together with the lords spiritual and temporal, agreed to this; Et si aliquis de vobis sit cui suus senioratus non placet, & illi simulat ad alium seniorem meliùs quam ad illum acaptare possit, veniat ad illum, & ipse tranquille & pacifico animo donat illi commeatum . . . & quod Deus illi cupierit ad alium seniorem acaptare potuerit, pacificè habeat.

^†1285 In the year 757. art. 6. Baluzius’s edition, page 181.

^†1286 Book i. chap. 1.

^†1287 At least in Italy and Germany.

^†1288 Book i. of fiefs, chap. 1.

^†1289 Ibid.

^†1290 Capitulary of the year 802. art. 7. Baluzius’s edition, page 365.

^†1291 Apud Marsnam, in the year 847. Baluzius’s edition, p. 42.

^†1292 Volumus ut cujuscumque nostrum homo in cujuscumque regno sit, cum seniore suo in hostem, vel aliis suis utilitatibus pergat, nisi talis regni invasio quam Lamtuveri dicunt, quod absit, acciderit, ut omnis populus illius regni ad eam repellendam, communiter pergat, art. 5. ibid. page 44.

^†1293 Apud argentoratum, in Baluzius, capitularies, tom. 2. page 39.

^†1294 See the law of Guy king of the Romans, among those which were added to the Salic law, and to that of the Lombards, tit. 6. sect. 2. in Echard.

^†1295 Some authors pretend that the county of Toulouse had been given away by Charles Martel, and passed by inheritance down to Raymond the last count; but if this be true, it was owing to some circumstances, which might have been an inducement to chuse the counts of Toulouse from among the children of the last possessor.

^†1296 See his capitulary of the year 877. tit. 53. art. 9. and 10. apud Carisiacum; this capitulary is relative to another of the same year and place, art. 3.

^†1297 The 3d capitulary of the year 812. art. 7. and that of the year 815. art. 6. on the Spaniards. The collection of the capitularies, book 5. art. 223. and the capitulary of the year 869. art. 2. and that of the year 877. art. 13. Baluzius’s edition.

^†1298 As appears from Otho of Frisingen, of the actions of Frederic, book ii. chap. 29.

^†1299 See the ordinance of Philip Augustus in the year 1209. in the new collection.

^†1300 Book i. tit. 1.

^†1301 Sic progressum est, ut ad filios deveniret in quem Dominus hoc vellet beneficium confirmare. Ibid.

^†1302 At least in Italy and Germany.

^†1303 Quod hodie ita stabilitum est, ut ad omnes æqualiter veniat. Book i. of the fiefs, tit. 1.

^†1304 Gerardus Niger and Aubertus de Orto.

^†1305 Cum vero Conradus Romam proficisceretur, petitum est a fidelibus qui in ejus erant servitio, ut, lege ab eo promulgatâ, hoc etiam ad nepotes ex filio producere dignaretur, & ut frater fratri sine legitimo hærede defuncto in beneficio quod eorum patria fuit, succedat. Book i. of fiefs, tit. 1.

^†1306 Cujas has proved it extremely well.

^†1307 Sciendum est quod beneficium advenientes ex latere, ultra fratres patrueles non progreditur successione ab antiquis sapientibus constitutum, licet moderno tempore usque ad septimum geniculum sit usurpatum, quod in masculis descendentibus novo jure in infinitum extenditur. Ibid.

^†1308 Arnold, and his son Lewis IV.

^†1309 In the year 926. quoted by Aubert le Mire, Cod. donationum piarum, chap. 27.

^†1310 See the capitulary of Charles the Bald, in the year 877, apud Carisiacum, on the importance of Paris, S. Denis, and the castles on the Loire, in those days.

^†1311 See above, chap. xxx. p. 199.

^†1312 See the Salic law, and the law of the Ripuarians, in the title of allodia.

^†1313 See the capitulary of the year 817, which contains the first partition made by Lewis the Debonnaire, among his children.

^†1314 See his two letters upon this subject, the title of one of which is, de divisione imperii.

^†1315 See the ordinance of Philip Augustus, in the year 1209, on the fiefs.

^†1316 We find several of these conventions in the charter, as in the register-book of Vendome, and that of the abbey of S. Cyprian in Poitou, of which Mr. Galland has given some extracts, page 55.

^†1317 But they could not abridge the fiefs, that is, abolish a portion of it.

^†1318 They fixed the portion which they could dismember.

^†1319 This was the reason that the lords obliged the widow to marry again.

^†1320 Most of the great families had their particular laws of succession. See what M. de la Thaumassiere says, concerning the families of Berry.

^†1321 We see in the capitulary of the year 877, apud Carsiacum, art. 3. Baluzius’s edition. tom. 2. page. 269. the moment in which the kings caused the fiefs to be administred in order to preserve them for the minors; an example followed by the lords, and which gave rise to what we have mentioned by the name of the guardianship of a nobleman’s children.

^†1322 We find the formula thereof in the second capitulary of the year 802. See also that of the year 854, art. 13. and others.

^†1323 M. Du Change, in the word bominium, page 1163. and in the word fidelitas, page 474, cites the charters of the ancient homages where these differences are found, and a great number of authorities which may be seen. In paying homage, the vassal put his hand on that of his lord, and took his oath; the oath of fealty was made by swearing on the gospels. The homage was performed kneeling, the oath of fealty standing. None but the lord could receive homage, but his officers might take the oath of fealty. See Littleton, sect. 91, 92. of homage, that is, fidelity and homage.

^†1324 Capitularies of Charles the Bald, in the year 860, post redditum a Confluentibus, art. 3. Balusius’s edition, page 145.

^†1325 Ibid. art. 3.

^†1326 Lib. de administratione sua.

^†1327 Anno 757. chap. 17.

^†1328 Tassillo venit in vasatico se commendans, per manus sacramenta juravit multa et in numerabilia, reliquiis sanctorum manus imponens et fidelitatem promisit regi Pippinio. One would think that here was an homage and an oath of fealty. See the Capihilaries of Charles the Bald. Balus. edit.

^†1329 Book 4. de feudis, tit. 59.

^†1330 In the title of allodia.

^†1331 Somme Rurale, book 1. tit. 96. page 447.

^†1332 According to an ordinance of St. Lewis, in the year 1246, to settle the customs of Anjou and Maine, those who shall have the care of the heiress of a fief, shall give security to the lord, that she shall not be married without his consent.

^†1333 Decision 155. No. 8. and 204. and No. 38.

^†1334 In Capell. Theol. decis. 453.

^†1335 [The author concludes his elaborate work with an allusion to the joyful acclamations of æneas’s followers upon coming in sight of the land of Italy, they so much desired, after long wanderings, great dangers, and furious storms undergone in quest of it.