The Spirit Of Laws Part 30

133 In the "Pactus legis Salicae."

134 We have both the ancient law and that which was amended by this prince.

135 Book II. t.i.t. 55, sec. 11.

136 See the Greek romances of the Middle Age.

137 In the year 1283.

138 Beaumanoir, chap. vi. pp. 40 and 41.

139 Ibid. chap. lxiv. p. 328.

140 Ibid. chap. lxiv. p. 330.

141 Ibid.

142 Ibid.

143 The great va.s.sals had particular privileges.

144 Beaumanoir, chap. lxiv. p. 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. Defontaines, chap. xxi. art. 29.

145 This custom, which we meet with in the Capitularies, was still subsisting at the time of Beaumanoir. See chap. lxi. p. 315.

146 Beaumanoir, chap. lxiv. p. 330.

147 Ibid. chap. lxi. p. 309.

148 Ibid. p. 308; chap. xliii. p. 239.

149 Ibid., chap. lxi. p. 314. See also Defontaines, chap. xxii. art 24.

150 Beaumanoir, chap. lxiii. p. 322.

151 Ibid.

152 Ibid.

153 Beaumanoir, chap. lxiii. p. 323.

154 Ibid. p. 324.

155 Ibid. p. 325.

156 Ibid.

157 Ibid. p. 323. (See also what I have said in book XVIII.) 158 Beaumanoir, chap. lxiii. p. 322.

159 Defontaines, chap. xxii. art. 7.

160 "Habeant bellandi et testificandi licentiam."-Charter of Louis the Fat, in the year 1118.

161 Ibid.

162 Chap. lxi. p. 315.

163 Chap. vi. pp. 39 and 40.

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

165 t.i.t. 16, sec. 7.

166 t.i.t. 45.

167 Letter to Louis the Debonnaire.

168 "Life of St. Avitus."

169 Beaumanoir, chap. ii. p. 22.

170 Ibid., chap. lxi. p. 312, and chap. lxvii. p. 338.

171 Book II. chap. xv.

172 Beaumanoir, chap. lxi. pp. 310 and 311, and chap. lxvii. p. 337.

173 Beaumanoir, chap. ixi. p. 313.

174 Ibid. p. 314.

175 Ibid.

176 Chap. xxii. art. 1, 10, and 11, he says only, that each of them was allowed a small fine.

177 Beaumanoir, chap. lxi. p. 314.

178 Ibid. Defontaines, chap. xxii. art. 9.

179 Ibid.

180 Beaumanoir, chap. lxi. p. 316, and Defontaines, chap. xxii. art. 21.

181 Ibid. chap. lxi. p. 314.

182 Defontaines, chap. xxii. art. 7.

183 See Defontaines, chap. xxi. 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.

184 Beaumanoir, chap. lxii. p. 322. Defontaines, chap. xxii.

185 The count was not obliged to lend any. Beaumanoir, chap. lxvii. p. 337.

186 n.o.body can pa.s.s judgment in his court, says Beaumanoir, chap. lxvii. pp. 336 and 337.

187 Ibid. chap. lxii. p. 322.

188 Defontaines, chap. xxi. art. 27 and 28.

189 Ibid. art. 28.

190 Chap. xxi. art. 37.

191 This number at least was necessary. Defontaines, chap. xxi. art. 36.

192 Beaumanoir, chap. lxvii. p. 337.

193 Ibid.

194 Beaumanoir, chap. lxvii. pp. 337 and 338.

195 Defontaines, chap. xxii.

196 Ibid.

197 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.

198 Ibid., p. 497.

199 "c.u.m fidelibus."-Capitulary of Louis the Debonnaire, edition of Baluzius, p. 667.

200 See the Capitulary of Charles the Bald, added to the law of the Lombards, book II. art. 3.

201 Third Capitulary of the year 812, art. 8.

202 "Placitum."

203 This appears by the formulas, charters, and the capitularies.

204 In the year 757, edition of Baluzius, p. 180, arts. 9 and 10, and the synod "apud Vernas," in the year 755, art. 29, edition of Baluzius, p. 175. These two capitularies were made under King Pepin.

205 The officers under the count, "scabini."

206 See the law of the Lombards, book II. t.i.t. 52, art. 22.

207 There are instances of appeals of default of justice as early as the time of Philip Augustus.

208 Chap. lxi. p. 315.

209 Beaumanoir, chap. lxi. p. 315 210 Defontaines, chap. xxi. art. 24.

211 Ibid., art. 32.

212 Beaumanoir, chap. lxi. p. 312.

213 Defontaines, chap. xxi. arts. 1 and 29.

214 This was the case in the famous difference between the Lord of Nesle and Joan, Countess of Flanders, during the reign of Louis VIII. He called upon her to have it tried within forty days, and thereupon challenged her at the king's court with default of justice. She answered that she would have it tried by her peers in Flanders. The king's court determined that it should not be sent there and that the countess should be cited.

215 Defontaines, chap. xxi. art. 34.

216 Defontaines, chap. xxi art. 9.

217 Beaumanoir, chap. lxi. p. 311.

218 Ibid., p. 312. But he that was neither tenant nor va.s.sal to the lord paid only a fine of sixty livres.-Ibid.

219 Ibid., p. 318.

220 Chap. xxi. art. 35.

221 In the year 1260.

222 Book I. chaps. ii. and vii., and book II. chaps. x. and xi.

223 As appears everywhere in the "Inst.i.tutions," etc., and Beaumanoir, chap. lxi. p. 309.

224 "Inst.i.tutions," book I. chap. vi., and book II. chap. xv.

225 Ibid. book II. chap. xv.

226 Ibid. book I. chap. lxxviii., and book II. chap. xv.

227 Ibid. book I. chap. lxxviii.

228 Ibid. book II. chap. xv.

229 Ibid. book I. chap. lxxviii.

230 Ibid. book II. chap. xv.

231 But if they wanted to appeal without falsifying the judgment, the appeal was not admitted.-"Inst.i.tutions," book II. chap. xv.

232 Book I. chaps. vi. and lxvii.; and book II. chap. xv.; and Beaumanoir, chap. xi. p. 58.

233 Book I. chaps. i., ii., and iii.

234 Chap. xxii. arts. 16 and 17.