The Spirit Of Laws Part 35

60 They were not obliged to furnish any to the count.-Ibid. art. 5. See Marc. form. VI. lib. I.

61 "Ut pagenses Franci, qui caballos habent, c.u.m suis comitibus in hostem pergant." The counts are forbidden to deprive them of their horses, "ut hostem facere, et debitos paraveredos secundum antequam consuetudinem exsolvere possint."-Edict of Pistes in Baluzius, p. 186.

62 Capitulary of Charlemagne, in the year 812, chap. i. Edict of Pistes in the year 864, art. 27.

63 "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 Sylvac.u.m," t.i.t. xiv., against those who drove the bondmen from their mansus.

64 See below, chap. 20 of this book.

65 In d.u.c.h.esne, tom. ii p. 287.

66 Ibid., p. 89.

67 See the Capitulary of the year 858, art. 14.

68 They levied also some duties on rivers, where there happened to be a bridge or a pa.s.sage.

69 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 pa.s.s. See the third Capitulary, in the year 803, edition of Baluzius, p. 395, art. 1; and the 5th in the year 819, p. 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.

70 The Abbe du Bos, and his followers.

71 See the weakness of the arguments produced by the Abbe du Bos, in the "Establishment of the French Monarchy," tom. iii. book VI. chap. xiv.; especially in the inference he draws from a pa.s.sage of Gregory of Tours, concerning a dispute between his church and King Charibert.

72 For instance, by enfranchis.e.m.e.nts.

73 "Apud Platonem, in Timaeo, vel de natura".-Ed.

74 Law of the Alemans, chap. xxii.; and the law of the Bavarians, t.i.t. 1. chap. xiv., where the regulations are to be found which the clergy made concerning their order.

75 Book 5th of the Capitularies, chap. ccciii.

76 "Si ille de capite s...o...b..ne ingenuus sit, et in Puletico publico censitus non est."-Lib. I. formul. 19.

77 In the year 789, edition of the Capitularies by Baluzius, vol. i. p. 250.

78 "Et ut ista ingenuitatis pagina firma stabilisque consistat."-Ibid.

79 "Pristinaeque libertati donatos, et omni n.o.bis debifo censu solutos."-Ibid.

80 "Praeceptum pro Hispanis," in the year 812, edition of Baluzius, tom. i. p. 500.

81 In the year 844, edition of Baluzius, tom. ii. arts. 1 and 2, p. 27.

82 Third Capitulary of the year 805, arts. 20 and 23, inserted in the Collection of Angezise, book III. art. xv. This is agreeable to that of Charles the Bald, in the year 854, "apud Attiniac.u.m," art. 6.

83 "Undecunque legitime exigebatur."-Ibid.

84 In the year 812, arts. 10 and 11, edition of Baluzius, tom. i. p. 398.

85 "Undecunque antiquitus ad partem regis venire solebant."-Capitulary of the year 812, arts. 10 and 11.

86 In the year 813, art. 6, edition of Baluzius, tom. i, p. 508.

87 "De illis unde censa exigunt."-Capitulary of the year 813, art. 6.

88 Book IV. of the Capitularies, art. 37, and inserted in the law of the Lombards.

89 "Si quis terram tributariam, unde census ad partem nostram exire solebat, susceperit."-Book IV., of the Capitularies, art. 37.

90 In the year 805, art. 8.

91 "Unde census ad partem regis exivit antiquitus."-Capitulary of the year 805, art. 8.

92 "Censibus vel paraveredis quos Franci homines ad regiam potestatem exsoivere debent."

93 In the year 864, art. 34, edition of Baluzius, p. 192.

94 "De illis francis hominibus qui censum regium de suo capite et de suis recellis debeant."-Ibid.

95 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.

96 As appears by the Capitulary of Charlemagne in the year 813, which we have already quoted.

97 "Comites."

98 Qui sunt in truste regis," t.i.t. 44, art. 4.

99 Book I. formulary 18.

100 From the word "trew," which signifies "faithful" among the Germans.

101 "Leudes," "fideles."

102 "Va.s.salli," "seniorses"

103 "Fiscalia." See the 14th formulary of Marculfus, book I. It is mentioned in the "Life of St. Maur," "dedit fisc.u.m unum"; and in the "Annals of Metz" in the year 747, "dedit illi comitatus et fiscos plurimos." The goods designed for the support of the royal family were called regalia.

104 See the 1st book, t.i.t. I, of the fiefs; and Cujas on that book.

105 Book IX. chap. x.x.xviii.

106 Quos honoraret muneribus, quos ab honore depelleret."--Ibid. lib. VII.

107 "Vel reliquis quibusc.u.mque beneficiis, quodc.u.mque ille, vel fiscus noster, in ipsis locis tenuisse noscitur."-Lib. I. formul. 30.

108 Liv. III. t.i.t. 8, sec. 3.

109 "Antiquissimo enim tempore sic erat in Dominorum potestate connexum, ut quando vellent possent auferre rem in feudum a se datam; postea vero conventum est ut per annum tantum firmitatem haberent, deinde statutum est ut usque ad vitam fidelis produceretur."-" Feudorum," lib. I. t.i.t. 1.

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

111 See the Capitulary of Charlemagne in the year 812, arts. 3 and 4, edition of Baluzius, tom. i. p. 491; and the Edict of Pistes in the year 864, art. 26, tom. ii. p. 186.

112 "Et habebat unusquisque comes Vicarios et Centenarios sec.u.m."-Book II. of the Capitularies, art. 28.

113 They were called "compagenses."

114 Published in the year 595, art. 1. See the Capitularies, edition of Baluzius, p. 20. These regulations were undoubtedly made by agreement.

115 "Advocati."

116 Capitulary of Charlemagne in the year 812, arts. 1 and 5, edition of Baluzius, tom. i. p. 490.

117 See the Capitulary of the year 803, published at Worms, edition of Baluzius, pp. 408 and 410.

118 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. p. 17, art. 8.

119 The 5th Capitulary of the year 819, art. 27, edition of Baluzius, p. 618.

120 "De va.s.sis dominicis qui adhuc intra casam serviunt et tamen beneficia habere nosc.u.n.tur, statutum est ut quic.u.mque ex eis c.u.m domino imperatore domi remanserint, va.s.sallos suos casatos sec.u.m non retineant; sed c.u.m comite, cujus pagenses sunt, ire permittant."-Second Capitulary in the year 812, art. 7, edition of Baluzius, tom. i. p. 494.

121 First Capitul. of the year 812, art. 5, "de hominibus nostris, et episcoporum et abbatum qui vel beneficia vel talia propria habent," etc., edition of Baluzius, tom. i. p. 490.

122 In the year 812, chap. 1, edition of Baluzius, p. 490, "ut omnis h.o.m.o liber quatuor mansos vest.i.tos de proprio suo, sive de alicujus beneficio habet, ipse se praeparet, et ipse in hostem pergat, sive c.u.m seniore suo."

123 Tom. iii. book VI. chap. iv. p. 299, "Establishment of the French Monarchy."

124 Capitulary of the year 882 art. 11, "apud vernis palatium," edition of Baluzius, tom. ii. p. 289.

125 Arts. 1, 2, and the Council "in verno palatio" of the year 845, art. 8, edition of Baluzius, tom. ii. p. 17.

126 Or a.s.sizes.

127 Capitularies, book 4th of the Collection of Angezise, art. 57; and the 5th Capitulary of Louis the Debonnaire in the year 819, art. 14, edition of Baluzius, tom. i. p. 615.

128 See note o, page 192.

129 It is to be found in the Collection of William Lambard, "de priscis Anglorum legibus."

130 In the word "satrapia."

131 This is well explained by the a.s.sizes of Jerusalem, chaps. ccxxi. and ccxxii.

132 The advowees of the church ("advocati") were equally at the head of their placita and of their militia.

133 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.

134 "Chronicle," chap. lxxviii., in the year 636.

135 See concerning this subject the Capitularies of Louis the Debonnaire, added to the Salic law, art. 2, and the formula of judgments given by Du Cange in the words "boni homines."

136 "Per bonos homines," sometimes there were none but princ.i.p.al men. See the appendix to the formularies of Marculfus, chap. li.

137 And some tolls on rivers, of which I have spoken already.

138 See the law of the Ripuarians. t.i.t. 89; and the law of the Lombards, book II. t.i.t, 52, sec. 9.

139 "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."-Tacitus, "de Moribus Germanorum."

140 See this law in the 2d t.i.tle on murders; and Vulemar's addition on robberies.

141 "Additio sapientum," t.i.t. i. sec. 1.

142 Salic law, t.i.t. 57, sec. 5, t.i.t. 17, sec. 3.

143 The Salic laws are admirable in this respect, see especially the t.i.tles 3, 4, 5, 6, and 7, which related to the stealing of cattle.

144 Book I. t.i.t. 7, sec. 15.

145 See the law of the Angli, t.i.t. i. secs. 1, 2, and 4; ibid. t.i.t. v. sec. 6; the law of the Bavarians, t.i.t. i. chaps. 8 and 9, and the law of the Frisians, t.i.t. xv.

146 t.i.t. 2, chap. xx.

147 Hozidra, Ozza, Sagana, Habalingua, Anniena.-Ibid.

148 Thus the law of Ina valued life by a certain sum of money, or by a certain portion of land.-"Leges Inae regis, t.i.tulo de villico regio de priscis Anglorum legibus," Cambridge, 1644.

149 See the law of the Saxons, which makes this same regulation for several people, chap. xviii. See also the law of the Ripuarians, t.i.t. 36, sec. 11, the law of the Bavarians, t.i.t. i. secs. 10 and 11. "Si aurum non habet, donet aliam pecuniam, mancipia, terram," etc.

150 See the law of the Lombards, book I. t.i.t. 25, sec. 21; ibid. book I. t.i.t. 9, secs. 8 and 34; ibid. sec. 38, and the Capitulary of Charlemagne in the year 802, chap. x.x.xii., containing an instruction given to those whom he sent into the provinces.

151 See in Gregory of Tours, book VII. chap. xlvii., 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.

152 See the law of the Saxons, chap. iii. sec. 4; the law of the Lombards, book I. t.i.t. 37, secs. 1 and 2; and the law of the Alemans, t.i.t. 45, secs. 1 and 2. This last law gave leave to the party injured to right himself upon the spot, and in the first transport of pa.s.sion. See also the Capitularies of Charlemagne in the year 779, chap. xxii., in the year 802, chap. x.x.xii., and also that of the year 805, chap. v.

153 The compilers of the law of the Ripuarians seem to have softened this. See the 85th t.i.tle of those laws.

154 See the decree of Ta.s.sillon, "de popularibus legibus," arts. 3, 4, 10, 16, 19; the law of the Angli, t.i.t. vii. sec. 4.

155 Book I. t.i.t. ix. sec. 4.

156 "Pactus pro tenore pacis inter Childebertum et Clotarium, anno 593, et decretio Clotarii 2 regis, circa annum 595," chap. xi.

157 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. lx.x.xix., which is explained by the third Capitulary of the year 813.-Edition of Baluzius, tom. i. p. 512.

158 Book I. t.i.t. 9, sec. 17, edition of Lindembrock.

159 t.i.t. 70.