??? 1. 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.

　　2. See Gregory of Tours.

　　3. See the prologue to the Law of the Bavarians, and that to the Salic Law.

　　4. Ibid.

　　5. Lex Angliorum Werinorum, hoc est Thuringorum.

　　6. They did not know how to write.

　　7. 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.

　　8. See the prologue to the Law of the Bavarians.

　　9. We find only a few in Childebert's decree.

　　10. See the prologue to the Code of the Burgundians, and the code itself, especially tit. 12, ?5, and tit. 38. See also Gregory of Tours, ii. 33, and the code of the Visigoths.

　　11. See lower down, chapter 3.

　　12. See cap. ii. 壯 8 and 9, and cap. iv. 壯 2 and 7.

　　13. De Bello Gall., vi.

　　14. Book i, formul. 8.

　　15. Chapter 31.

　　16. That of Clotarius in the year 560, in the edition of the Capitularies of Baluzius, i, art. 4, ib. in fine.

　　17. Capitularies added to the Law of the Lombards, i, tit. 25, 71, ii, tit. 41, 7, and tit. 56, 1, 2.

　　18. Ibid., ii, tit. 5.

　　19. Ibid., ii, tit. 7, 1.

　　20. Ibid., 2.

　　21. Ibid., ii, tit. 35, 2.

　　22. In the Law of the Lombards, ii, tit. 37.

　　23. Salic Law, tit. 44, ?1.

　　24. Ibid., tit. 44, 壯 15, 7.

　　25. Ibid., tit. 41, ?4.

　　26. Ibid., ?6.

　　27. 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.

　　28. Salic Law, tit. 45.

　　29. Lidus whose condition was better than that of a bondman. —— Law of the Alemans, 95.

　　30. Tit. 35, 壯 3, 4.

　　31. The Abb?du Bos.

　　32. Witness the expedition of Arbogastes, in Gregory of Tours, History, ii.

　　33. The Franks, the Visigoths, and Burgundians.

　　34. It was finished in 438.

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

　　36. The year 504 of the Spanish era, the Chronicle of Isidorus.

　　37. Francum, aut Barbarum, aut hominem qui Salica lege vivit. —— Salic Law, tit. 45, ?1.

　　38. "According to the Roman law under which the church lives," as is said in the law of the Ripuarians, tit. 58, ?1. See also the numberless authorities on this head pronounced by Du Cange, under the words Lex Romana.

　　39. 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 Charlemagne to his son Pepin, King of Italy, in the year 807, in the edition of Baluzius, i, 462, where it is said, that an ecclesiastic should receive a triple compensation; and the Collection of the Capitularies, v, art. 302, i. Edition of Baluzius.

　　40. See that law.

　　41. Of this I shall speak in another place, xxx. 6-9.

　　42. Agobard, Opera.

　　43. See Gervais of Tilbury, in Duchesne's Collection, iii, p. 366. And a chronicle of the year 759, produced by Catel, Hist. of Languedoc. And the uncertain author of the Life of Louis the Debonnaire, upon the demand made by the people of Septimania, at the assembly in Carisiaco, in Duchesne's Collection, ii, p. 316.

　　44. Art. 16. See also art. 20.

　　45. See arts. 12 and 16 of the edict of Pistes in Cavilono, in Narbona, &c.

　　46. See what Machiavelli says of the ruin of the ancient nobility of Florence.

　　47. He began to reign in the year 642.

　　48. "We will no longer be harassed either by foreign or by the Roman laws." —— Law of the Visigoths, ii, tit. 1, 壯 9, 10.

　　49. Law of the Visigoths, iii, tit. 1, 1.

　　50. See Book iv. 19, 26.

　　51. 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.

　　52. De Bello Gothorum, i. 13.

　　53. Capitularies, vi, 343, year 1613, edition of Baluzius, i, p. 981.

　　54. M. de la Thaumassi鋨e has collected many of them. See, for instance, chapters 41, 46, and others.

　　55. Missi Dominici.

　　56. Let not the bishops, 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.

　　57. In the collection of canons a vast number of the decretals of the popes were inserted; they 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 Charlemagne. This prince received from the hand 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 Charlemagne; people grew passionately fond of it: to this succeeded what we now call the course of canon law.

　　58. See the edict of Pistes, art. 20.

　　59. 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.

　　60. Of this I shall speak elsewhere （xxx. 14）.

　　61. Preface to Marculfus, Formul?

　　62. Law of the Lombards, ii, tit. 58, ?3.

　　63. Ibid., tit. 41, ?6.

　　64. Life of St. Leger.

　　65. Law of the Lombards, ii, tit. 41, ?6.

　　66. See chapter 5.

　　67. This relates to what Tacitus says. De Moribus Germanorum, 28, that the Germans had general and particular customs.

　　68. Law of the Ripuarians, tit. 6, 7, 8, and others.

　　69. Ibid., tit. 11, 12, 17.

　　70. 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 Pactus legis Salic? tit. 76.

　　71. Ibid.

　　72. According to the practice now followed in England.

　　73. Tit. 32; tit. 57, ?2; tit. 59, ?4.

　　74. See the following note.

　　75. This spirit appears in the Law of Ripuarians, tit. 59, ?4, and tit. 67, ?5, and in the Capitulary of Louis the Debonnaire, added to the law of the Ripuarians in the year 803, art. 22.

　　76. See that law.

　　77. The law of the Frisians, Lombards, Bavarians, Saxons, Thuringians, and Burgundians.

　　78. In the Law of the Burgundians, tit. 8, 壯 1 and 2, on criminal affairs; and tit. 45, which extends also to civil affairs. See also the law of the Thuringians, tit. 1, ?31; tit. 7, ?6; and tit. 8; and the law of the Alemans, tit. 89; the law of the Bavarians, tit. 8, cap. ii, ?6, and cap. iii, ?1, and tit. 9, cap. iv, ?4; the law of the Frisians, tit. 2, ?3, and tit. 14, ?4; the law of the Lombards, i, tit. 32, ?3, and tit. 35, ?1, and ii, tit. 35, ?2.

　　79. See cap. xviii, towards the end.

　　80. As also some other laws of the Barbarians.

　　81. Tit. 56.

　　82. Ibid.

　　83. This appears by what Tacitus says, Omnibus idem habitus. —— De Moribus Germanorum, 4.

　　84. Velleius Paterculus, ii. 118, says that the Germans decided all their disputes by the sword.

　　85. See the codes of Barbarian laws, and in respect to less ancient times, Beaumanoir, Ancient Custom of Beauvoisis.

　　86. Law of the Burgundians, cap. xlv.

　　87. See the works of Agobard.

　　88. See Beaumanoir, Ancient Customs of Beauvoisis, 61. See also the Law of the Angli, cap. xiv, where the trial by boiling water is only a subsidiary proof.

　　89. Tit. 14.

　　90. Cap. xxxi, ?5.

　　91. See this law, tit. 59, ?4, and tit. 67, ?5.

　　92. Law of the Lombards, ii, tit. 55, cap. xxxiv.

　　93. The year 962.

　　94. Law of the Lombards, ii, tit. 55, cap. xxxiv.

　　95. It was held in the year 967, in the presence of Pope John XIII and of the Emperor Otho I.

　　96. Otho II's uncle, son to Rodolphus, and King of Transjurian Burgundy.

　　97. In the year 988.

　　98. Law of the Lombards, ii, tit. 55, cap. xxxiv.

　　99. Ibid., ?33. In the copy that Muratori made use of it is attributed to the Emperor Guido.

　　100. Ibid., ?23.

　　101. Cassiodorus, iii. 23, 24.

　　102. The anonymous author of the life of Louis the Debonnaire.

　　103. See in the Law of the Lombards, i, tit. 4, and tit. 9, ?23, and ii, tit. 35 壯 4 and 5, and tit. 55 壯 1,2,3. The regulations of Rotharis; and in ?15, that of Luitprandus.

　　104. Ibid., ii, tit. 55, ?23.

　　105. 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 Marculfus, Formul?i. 38. The Law of the Ripuarians, tit. 59, ?4, tit. 65, ?5. The History of Gregory of Tours; and the Capitulary of the year 803, added to the Salic Law.

　　106. Chapter 39, P. 212.

　　107. We find his Constitutions inserted in the Law of the Lombards, and at the end of the Salic Laws.

　　108. In a constitution inserted in the Law of the Lombards, ii, tit. 55, ?31.

　　109. In the year 1200.

　　110. Ancient Custom of Beauvoisis, 39.

　　111. Ibid., 61, pp. 309, 310.

　　112. Charter of Louis the Fat in the year 1145, in the Collection of Ordinances.

　　113. Ibid.

　　114. Charter of Louis the Young, in 1168, in the Collection of Ordinances.

　　115. See Beaumanoir, 63, p. 325.

　　116. See the Ancient Custom of Beauvoisis, 28, p. 203.

　　117. Additio sapientium Wilemari, tit. 5.

　　118. Book i, tit. 6, ?3.

　　119. Book ii, tit. 5, ?23.

　　120. Added to the Salic law in 819.

　　121. See Beaumanoir, 64, p. 328.

　　122. Ibid., p. 329.

　　123. See Beaumanoir, 3, p. 25 and 329.

　　124. See in regard to the arms of the combatants, Beaumanoir, 61, p. 308, and 64, p. 328.

　　125. Ibid., 74, p. 328. See also the Charters of St. Aubin of Anjou, quoted by Galland, p. 263.

　　126. Among the Romans, it was not infamous to be beaten with a stick.

　　127. They had only the baston and buckler. —— Beaumanoir, 64, p. 328.

　　128. Book i, tit. 6, ?1.

　　129. Ibid.; ?2.

　　130. De Moribus Germanorum, 6.

　　131. In the Pactus legis Salic? 6.

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

　　133. Book ii, tit. 55, ?11.

　　134. See the Greek romances of the middle age.

　　135. In the year 1283.

　　136. Beaumanoir, 6, pp. 40, 41.

　　137. Ibid., 64, p. 328.

　　138. Ibid., p. 330.

　　139. Ibid.

　　140. Ibid.

　　141. The great vassals had particular privileges.

　　142. Beaumanoir, 64, 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. D嶨ontaines, 21, art. 29.

　　143. This custom, which we meet with in the Capitularies, was still subsisting at the time of Beaumanoir. See 61, p. 315.

　　144. Beaumanoir, 64, p. 330.

　　145. Ibid., 61, p. 309.

　　146. Ibid., p. 308; 43, p. 239.

　　147. Ibid., 61, p. 314. See also D嶨ontaines, 22, art. 24.

　　148. Beaumanoir, 63, p. 322.

　　149. Ibid.

　　150. Ibid.

　　151. Ibid., p. 323.

　　152. Ibid., 63, p. 324.

　　153. Ibid., p. 325.

　　154. Ibid.

　　155. Ibid., p. 323. See also what I have said in book

　　156. Ibid., p. 327.

　　157. D嶨ontaines, 22, art. 7.

　　158. Charter of Louis the Fat, in the year 1118.

　　159. Ibid.

　　160. Chapter 61, p. 315.

　　161. Chapter 6, p. 40.

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

　　163. Tit. 16, ?2.

　　164. Tit. 45.

　　165. Letter to Louis the Debonnaire.

　　166. Life of St. Avitus.

　　167. Beaumanoir, 2, p. 22.

　　168. Ibid., 61, p. 312, and 67, p. 338.

　　169. Book ii. 15.

　　170. Beaumanoir, 61, pp. 310 and 311, and 67, p. 337.

　　171. Ibid., 61, p. 313.

　　172. Ibid., p. 314.

　　173. Ibid.

　　174. Chapter 22, art. 1, 10, and 11, he says only that each of them was allowed a small fine.

　　175. Beaumanoir, 61, p. 314.

　　176. Ibid. D嶨ontaines, 22, art. 9.

　　177. Ibid.

　　178. Beaumanoir, 61, p. 316, and D嶨ontaines, 22, art. 21.

　　179. Beaumanoir, 61, p. 314.

　　180. D嶨ontaines, 22, art. 7.

　　181. See D嶨ontaines, 21, arts. 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.

　　182. Beaumanoir, 62, p. 322. D嶨ontaines, 22, art. 3.

　　183. The count was not obliged to lend any. Beaumanoir, 67, p. 337.

　　184. Nobody can pass judgment in his court. Ibid., pp. 336, 337.

　　185. Ibid., 62, p. 322.

　　186. D嶨ontaines, 21, arts. 27 and 28.

　　187. Ibid., art. 28.

　　188. Chapter 21, art. 37.

　　189. This number at least was necessary. D嶨ontaines, 21, art. 36.

　　190. Beaumanoir, 67, p. 337.

　　191. Ibid.

　　192. Ibid., pp. 337, 338.

　　193. D嶨ontaines, 22, art. 14.

　　194. Ibid.

　　195. 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, ii, art. 3.

　　196. Third capitulary of the year 812, art. 2, edition of Baluzius, p. 497.

　　197. Capitulary of Louis the Debonnaire, edition of Baluzius, p. 667.

　　198. See the Capitulary of Charles the Bald, added to the law of the Lombards, ii, art. 3.

　　199. Third capitulary of the year 812, art. 8.

　　200. Placitum.

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

　　202. 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.

　　203. The officers under the count, Scabini.

　　204. See the Law of the Lombards, ii, tit. 52, art. 22.

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

　　206. Chapter 61, p. 315.

　　207. Ibid.

　　208. D嶨ontaines, 21, art. 24.

　　209. Ibid., art. 32.

　　210. Beaumanoir, 61, p. 312.

　　211. D嶨ontaines, 21, art. 29.

　　212. 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.

　　213. D嶨ontaines, 21, art. 34.

　　214. Ibid., art. 9.

　　215. Beaumanoir, 61, p. 311.

　　216. Ibid., 61, p. 312. But he that was neither tenant nor vassal to the lord paid only a fine of sixty livres. —— Ibid.

　　217. Ibid., p. 318.

　　218. Chapter 21, art. 35.

　　219. In the year 1260.

　　220. Book i. 2, 7, and ii. 10, 11.

　　221. As appears everywhere in the Institutions, &c., and Beaumanoir, 61, p. 309.

　　222. Institutions, i. 6, ii. 15.

　　223. Ibid., ii. 15.

　　224. Ibid., i. 78, ii. 15.

　　225. Ibid., i. 78.

　　226. Ibid., ii. 15.

　　227. Ibid., i. 78.

　　228. Ibid., ii. 15.

　　229. But if they wanted to appeal without falsifying the judgment, the appeal was not admitted. —— Ibid.

　　230. Ibid., i. 6, 67; ii. 15; and Beaumanoir, 11, p. 58.

　　231. Book i. 1-3.

　　232. Chapter 22, arts. 16, 17.

　　233. Chapter 61, p. 309.

　　234. Ibid.

　　235. See Beaumanoir, D嶨ontaines, and the Institutions, ii. 10, 11, 15, and others.

　　236. See the ordinances at the beginning of the third race, in the collection of Lauri廨e, especially those of Philip Augustus, on ecclesiastic jurisdiction; that of Louis VIII concerning the Jews; and the charters related by Mr. Brussel; particularly that of St. Louis, on the release and recovery of lands, and the feodal majority of young women, ii, book iii, p. 35, and ibid., the ordinance of Philip Augustus, p. 7.

　　237. Chapter 63, p. 327: chapter 61, p. 312.

　　238. See the Institutions of St. Louis, ii. 15, and the Ordinance of Charles VII in the year 1453.

　　239. Chapter 21, arts. 21, 22.

　　240. Book i. 136.

　　241. Chapter 2, art. 8.

　　242. Ibid., 22, art. 7. This article, and the 21st of the 22nd chapter of the same author, have been hitherto very badly explained. D嶨ontaines 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.

　　243. Gentlemen may always be appointed judges. Ibid., 21, art. 48.

　　244. Ibid., 22, art. 14.

　　245. Ibid., 21, art. 33.

　　246. In the year 1332.

　　247. See the situation of things in Boutillier's time, who lived in the year 1402. —— Somme Rurale, i, pp. 19, 20.

　　248. See chapter 30.

　　249. Beaumanoir, 61, pp. 312 and 318.

　　250. Ibid.

　　251. D嶨ontaines, 21, art. 14.

　　252. Of the Parliaments of France, i. 16.

　　253. Chapter 61, p. 315.

　　254. As Beaumanoir says, chapter 39, p. 209.

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

　　256. Chapter 39, p. 218.

　　257. D嶨ontaines in his counsel, chapter 22, arts. 3, 8; and Beaumanoir, 33. Institutions, i. 90.

　　258. Chapter 22, art. 8.

　　259. At present when they are so inclined to appeal, says Boutillier —— Somme Rurale, i, tit. 3, p. 16, Paris, 1621.

　　260. In the year 1324.

　　261. Advocatus de parte public?

　　262. See this constitution and this formula, in the second volume of the Historians of Italy, p. 175.

　　263. Collection of Muratori, p. 104. on the 88th law of Charlemagne, i, tit. 26, ?78.

　　264. Another formula, ibid., p. 87.

　　265. Ibid., p. 104.

　　266. Ibid., p. 95.

　　267. Ibid., p. 88.

　　268. Ibid., p. 98.

　　269. Ibid., p. 132.

　　270. Ibid.

　　271. Ibid., p. 137.

　　272. Ibid., p. 147.

　　273. Ibid.

　　274. Ibid., p. 168.

　　275. Ibid., p. 134.

　　276. Ibid., p. 107.

　　277. Book i, 1; ii, 11, 13.

　　278. Chapters 1,61.

　　279. See these laws in the Lives of the Saints, of the month of June, iii, p. 26.

　　280. Preface to the Institutions.

　　281. Chapter 29.

　　282. See above, chapter 29.

　　283. Chapter 61, p. 309.

　　284. As he says himself, in his prologue.

　　285. 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 customs of the whole kingdom, Anjou, and the court of Barony.

　　286. Institutions, ii. 15,

　　287. See Du Tillet on the court of peers. See also Laroche, Flavin, Budeus and Paulus 讜ilius, i. 3.

　　288. Other causes were decided by the ordinary tribunals.

　　289. See the President Henault's excellent abridgment of the history of France in the year 1313.

　　290. Beaumanoir, 11, p. 58.

　　291. Widows, croises, &c. —— Ibid.

　　292. See the whole eleventh chapter of Beaumanoir.

　　293. 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 Lauri廨e.

　　294. Beaumanoir, 11, p. 60.

　　295. See Boutillier, Somme Rurale, tit. 9, what persons are incapable of suing in a temporal court; and Beaumanoir, 11, p. 56, and the regulations of Philip Augustus upon this subject; as also the regulation between Philip Augustus, the clergy, and the barons.

　　296. In the word "testamentary Executors."

　　297. March 19, 1409.

　　298. 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.

　　299. This emperor's code was published towards the year 530.

　　300. Decretals, v. tit. de privilegiis, cap. 28, super specula.

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

　　302. Ancient Custom of Beauvoisis, 1, "Of the Office of Bailiffs."

　　303. Among the common people the burghers were tried by burghers, as the feudatory tenants were tried by one another. See La Thaumassi鋨e, 19.

　　304. 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, i, tit. xxi.

　　305. 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: Yet nothing but feodal matters were tried any longer by the peers. Ibid., i, tit. i, p. 16.

　　306. As appears by the formula of the letters which their lord used to give them, quoted by Boutillier, Somme Rurale, I, tit. xiv, which is proved likewise by Beaumanoir, Ancient Custom of Beauvoisis, 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 alleged; and if they say, yes, my lord; the bailiff ought to oblige the peers to give judgment." See also the Institutions of St. Louis, i. 105, ii. 15.

　　307. Beaumanoir, 67, p. 336, and 61, pp. 315 and 316. The Institutions, ii. 15.

　　308. It was published in the year 1287.

　　309. See in what manner age and parentage were proved. —— Institutions, i. 71, 72.

　　310. Prologue to the Ancient Custom of Beauvoisis.

　　311. Chapter 12.

　　312. See the Collection of Ordinances, by Lauri鋨e.

　　313. This was observed at the digesting of the customs of Berry and of Paris. See La Thaumassi鋨e, 3.

　　314. In the Spectator.