The Spirit Of Laws Part 39

76 "Heribannum."

77 "Non infirmis reliquit haeredibus," says Lambert d'Ardres in Ducange, on the word "alodis."

78 See those quoted by Ducange, in the word "alodis," and those produced by Galland, in his treatise of allodial lands, p. 14, and the following.

79 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; the Capitulary of Louis the Pious, in the year 829, art. 1.

80 The fifth of the year 806, art. 8.

81 In Gregory of Tours, book VI. chap. xlvi.

82 This is what induced him to annul the testaments made in favor 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. vii.

83 See the "Annals of Metz," year 689. "Excitor imprimis querelis sacerdotum et servorum Dei, qui me saepius adierunt ut pro sublatis injuste patrimoniis," etc.

84 See the "Annals of Metz."

85 In Gregory of Tours.

86 "Karolus plurima juri ecclesiastico detrahens praedia fisco sociavit, ac deinde militibus dispertivit."-"Ex Chronico Centulensi," lib. II.

87 See the "Annals of Metz."

88 "Epistolam quoque, decreto Romanorum principum, sibi praedictus praesul Gregorius miserat, quod sese populus Roma.n.u.s, relicta imperatoris dominatione, ad suam defensionem et invictam clementiam convertere voluisset."-"Annals of Metz," year 741. "Eo pacto patrato, ut a partibus imperatoris recederet."-Fredegarius.

89 Anno 858, "apud Carisiac.u.m"; Baluzius's edition, tom. i. p. 101.

90 Ibid. p. 109.

91 "Precaria, quod precibus utendum conceditur," says Cujus, in his notes upon the first "Book of Fiefs." I find in a diploma of King Pepin, dated the third year of his reign, that this prince was not the first who established these "precaria"; he cites one made by the Mayor Ebroin, and continued after his time. See the diploma of the king, in the 5th tome of the "Historians of France" by the Benedictins, art. 6.

92 In the year 743, see the 5th book of the Capitularies, art. 3, Baluzius's edition, p. 825.

93 That of Metz, in the year 736, art. 4.

94 See his Capitulary, in the year 803, given at Worms; Baluzius's edition, p. 411, where he regulates the precarious contract, and that of Frankfort, in the year 794, p. 267, art 24, in relation to the repairing of the houses; and that of the year 800, p. 330.

95 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. t.i.t. 1, sec. 30; and to the Salic laws, Collection of Pepin's laws in Echard, p. 195, t.i.t. 26, art. 4.

96 See the const.i.tution of Lotharius I, in the law of the Lombards, book III. law 1, sec. 43.

97 Ibid. sec. 44.

98 Ibid.

99 Given the 28th year of the reign of Charles the Bald, in the year 868. Baluzius's edition, p. 203.

100 "c.u.m consilio et consensu ipsius qui loc.u.m retinet."

101 "Concilium apud Bonoilum," the 16th year of Charles the Bald, in the year 856, Baluzius's edition, p. 78.

102 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 s.h.i.+ft as well as they could," says the "Life of Remigius," Surius, tom. i. p. 279.

103 Law of the Lombards, book III. t.i.t. 3, secs. 1 and 2.

104 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. i. art. 11, p. 9.

105 "Agraria et pascuaria, vel decimas porcorum ecclesiae concedimus, ita ut aetor aut decimator in rebus ecclesiae nullus ascedat." The Capitulary of Charlemagne in the year 800, Baluzius's edition, p. 336, explains extremely well what is meant by that sort of t.i.the from which the Church is exempted by Clotharius; it was the t.i.the of the swine which were put into the king's forests to fatten; and Charlemagne 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.

106 Canone 5, ex tomo 1, "conciliorum antiquorum Galliae opera Jacobi Sirmundi."

107 Art. 6, Baluzius's edition, p. 332. It was given in the year 800.

108 Held under Charlemagne, in the year 794.

109 "Experimento enim didicimus in anno quo illa valida fames irrepsit, ebullire vacuas annonas a daemonibus devoratas, et voces exprobrationis auditas," etc.-Baluzius's edition, p. 267, art. 23.

110 See among the rest the Capitulary of Louis the Debonnaire, in the year 829, Baluzius's edition, p. 663; against those who, to avoid paying t.i.thes neglected to cultivate the lands, etc., art. 5. "Nonis quidem et decimis, unde et genitor noster et nos frequenter in diversis placitis admonitionem fecimus."

111 Among others, that of Lotharius, book III. t.i.t. 3, chap. vi.

112 In the year 829, art. 7, in Baluzius, tom. i. p. 663.

113 In the law of the Lombards, book III. t.i.t. 3, sec. 8.

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

115 See the Capitulary of Charlemagne in the year 803, art. 2, Baluzius's edition, p. 379; and the Edict of Louis the Debonnaire in the year 834, in Goldast, "Const.i.t. Imperial," tom. i.

116 This is mentioned in the famous canon, "ego Ludovicus," which is a palpable forgery; it is Baluzius's edition, p. 591, in the year 817.

117 As appears by his capitulary, in the year 801, art. 17, in Baluzius, tom. i. p. 360.

118 See his const.i.tution, inserted in the code of the Lombards, book III. t.i.t. l, sec. 44.

119 See the above const.i.tution, and the Capitulary of Charles the Bald, in the year 846, chap. xx. "in Villa Sparnaco," Baluzius's edition, tom. ii. p. 31, and that of the year 853, chaps. iii. and v., in the Synod of Soissons, Baluzius's edition, tom. ii. p. 54; and that of the year 854, "apud Attiniac.u.m," chap. x. Baluzius's edition, tom. ii. p. 70. See also the first Capitulary of Charlemagne, "incerti anni," arts. 49 and 56. Baluzius's edition, tom. i. p. 519.

120 See the Capitularies, book v. art. 44, and the Edict of Pistes in the year 869, arts. 8 and 9, where we find the honorary rights of the lords established, in the same manner as they are at this very day.

121 See the will of Charlemagne, and the division which Louis the Debonnaire made to his children in the a.s.sembly of the states held at Quierzy, related by Goldast, "quem populous eligere velit, ut patri suo succedat in regni haereditate."

122 The anonymous "Chronicle" in the year 752; and "Chronic. Centul." in the year 754.

123 "Fabella quae post Pippini mortem excogitata est, aequitati ac sanct.i.tati Zachariae papae plurimum adversatur."-"Ecclesiastic Annals of the French," tom. ii. p. 319.

124 Vol. 5th of the "Historians of France" by the Benedictins, p. 9.

125 "Ut unquam de alterius lumbis regem in aevo praesumant eligere sed ex ipsorum." Vol. 5th of the "Historians of France," p. 10.

126 In the year 768.

127 Tom. ii. "lectionis antiquae."

128 Edition of the Capitularies, tom. i. p. 188.

129 In the 1st Capitulary of the year 806. Baluzius's edition, p. 439, art. 5.

130 In Goldast, "Const.i.t. Imperial," tom. ii. p. 19.

131 Baluzius's edition, p. 574, art. 14. "Si vero aliquis illorum decedens legitimos filios reliquerit, non inter eos potestas ipsa dividatur, sed potius populus pariter conveniens, unum ex iis quem dominus voluerit eligat, et hunc senior frater in loco fratris et filii suscipiat."

132 Capitulary of the year 877. Baluzius's edition, p. 272.

133 In Father Labbe's "Councils," tom. ix. col. 424; and in Dumont's "Corp. Diplomat." tom. ii. art. 36.

134 By the mother's side.

135 See his 3d Capitulary of the year 811, p. 486, arts. 1, 2, 3, 4, 5, 6, 7, and 8; and the 1st Capitulary of the year 812, p. 490, art. 1; and the Capitulary of the year 812, p. 494, arts. 9 and 11, etc.

136 See the "Capitulary de Villis" in the year 800; his 2d Capitulary of the year 813, arts. 6 and 19; and the 5th book of the Capitularies, art. 303.

137 "Capitul. de Villis," art. 39. See this whole Capitulary, which is a masterpiece of prudence, good administration, and economy.

138 See among others the foundation of the archbishopric of Bremen, in the Capitulary of the year 789. Baluzius's edition, p. 245.

139 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.

140 The anonymous author of the "Life of Louis the Debonnaire," in d.u.c.h.esne's Collection, tom. ii. p. 295.

141 See his trial and the circ.u.mstances of his deposition, in d.u.c.h.esne's Collection, tom. ii. p. 133.

142 He directed him to show unlimited clemency (indeficientem misericordiam) to his sisters, his brothers, and his nephews. Tegan in the Collection of d.u.c.h.esne, tom. ii. p. 276.

143 See his letters.

144 See his trial and the circ.u.mstances of his deposition in d.u.c.h.esne's Collection, tom. ii. p. 331. See also his life written by Tegan: "Tanto enim odio laborabat, ut taederet eos vita ipsius," says this anonymous author in d.u.c.h.esne, tom. ii. p. 307.

145 The anonymous author of the "Life of Louis the Debonnaire," in d.u.c.h.esne's Collection, tom. ii. p. 298.

146 Tegan says that what seldom happened under Charlemagne was a common practice under Louis.

147 Being desirous to check the n.o.bility, he promoted one Bernard to the place of chamberlain, by which the great lords were exasperated to the highest pitch.

148 "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."

149 "Hinc libertates, hinc publica in propriis usibus distribuere suasit."-Nitard, lib. iv. "prope finem."

150 "Rempublicam penitus annullavit."-Ibid.

151 See book x.x.x. chap. 13.

152 Hincmar, let. 1, to Louis the Stammerer.

153 See the fragment of the "Chronicle of the Monastery of St. Sergius of Angers," in d.u.c.h.esne, tom. ii. p. 401.

154 See what the bishops say in the Synod of the year 845, "apud Teudonis villam," art. 4.

155 See the Synod in the year 845, "apud Teudonis villam," arts. 3 and 4, which gives a very exact description of things; as also, that of the same year, held at the palaces of Vernes, art. 12, and the Synod of Beauvais, also in the same year, arts. 3, 4. and 6, and the Capitulary in "Villa Sparnaco" in the year 846, art. 20, and the letter which the bishops a.s.sembled at Rheims wrote in 858, to Louis, King of Germany, art. 8.

156 See the Capitulary in "Villa Sparnaco," in the year 846. The n.o.bility had set the King against the bishops, insomuch that he expelled them from the a.s.sembly; 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 arts. 20, 21, and 22. See also the letter which the bishops a.s.sembled at Rheims wrote in the year 858 to Louis, King of Germany, and the Edict of Pistes, in the year 864, art. 5.

157 See this very Capitulary in the year 846, "in Villa Sparnaco." See also the Capitulary of the a.s.sembly held "apud Marsnam" in the year 847, art. 4, wherein the clergy reduced themselves to demand only the rest.i.tution of what they had been possessed of under Louis the Debonnaire. See also the Capitulary of the year 851, "apud Marsnam," arts. 6 and 7, which confirms the n.o.bility 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 a.s.sembled at Rheims wrote in the year 858, to Louis, King of Germany, art. 8.

158 Art. 8.

159 See the Capitulary of the year 852, arts. 6 and 7.

160 Charles the Bald, in the Synod of Soissons, says, that he "had promised the bishops not to issue any more precepts relating to church lands." Capitulary of the year 853, art. II, Baluzius's edition, tom. ii. p. 56.

161 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 anybody," "saltem sine audientia et judicio episcoporum, quorum ministerio in regem sum consecratus, et qui throni Dei sunt dicti, in quibus Deus sedet, et per quos sua decernit judicia, quorum paternis correctionibus et castigatoriis judiciis me subdere fui paratus et in praesenti sum subditus."

162 See the Capitulary of Charles the Bald, "de Carisiaco," in the year 857, Baluzius's edition, tom. ii. p. 88, secs. 1, 2, 3, 4, and 7.

163 See the Synod of Pistes in the year 862, art. 4, and the Capitulary of Louis II, "apud vernis palatium," in the year 883, arts. 4 and 5.

164 Capitulary of the year 876, under Charles the Bald, "in Synodo Pontigonensi," Baluzius's edition, art. 12.

165 See what has been said already, Book x.x.x., last chapter towards the end.

166 In the year 587, in Gregory of Tours, book ix.

167 See the following chapter, where I shall speak more diffusely of those part.i.tions; and the notes in which they are quoted.

168 In the year 806, between Charles, Pepin, and Louis, it is quoted by Goldast, and by Baluzius, tom. ii. p. 439.

169 Art. IX. p. 443, which is agreeable to the Treaty of Andely, in Gregory of Tours, book IX.

170 Art. 10, and there is no mention made of this in the Treaty of Andely.

171 In Baluzius, tom. i. p. 14. Licentiam habeat unusquisque liber h.o.m.o qui seniorum non habuerit, cuic.u.mque ex his tribus fratribus voluerit, se commendandi," art. 9. See also the division made by the same Emperor, in the year 837, art. 6, Baluzius's edition, p. 686.

172 In the year 811, Baluzius's edition, tom. i. p. 486, arts. 7 and 8, and that of the year 812, ibid. p. 490, art. 1 "Ut omnis liber h.o.m.o qui 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," etc. See also the Capitulary of the year 807, Baluzius's edition, tom. i. p. 458.

173 in the year 793, inserted in the law of the Lombards, book III. t.i.t. 9, chap. ix.

174 In the year 847, quoted by Auberte le Mire, and Baluzius, tom. ii. page 42. "Conventus apud Marsnam."

175 "Adnunciatio."