第 94 页

62. 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, 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 appeals by the Capitulary of Charles the Bald in the year 865, art. 8.

63. The Abbé du Bos, and his followers.

64. See the weakness of the arguments produced by the Abbé du Bos, in the Establishment of the French Monarchy, iii, book VI. 14; especially in the inference he draws from a passage of Gregory of Tours, concerning a dispute between his church and King Charibert.

65. For instance, by enfranchisements.

66. Plato, Tim?us. -- ED.

67. Law of the Alemans, cap. xxii; and the Law of the Bavarians, tit. 1, cap. iv., where the regulations are to be found which the clergy made concerning their order.

68. Capitularies, v. 303.

69. Book i, form. 19.

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

71. Ibid.

72. Ibid.

73. Pr?ceptum pro Hispanis, in the year 812, ed. Baluzius, i, p. 500.

74. In the year 844, ed. Baluzius, ii, arts. 1 and 2, p. 27.

75. Third Capitulary of the year 805, arts. 20 and 22, inserted in the Collection of Angezise, iii, art. 15. This is agreeable to that of Charles the Bald, in the year 854, apud Attiniacum, art. 6.

76. Ibid.

77. In the year 812, arts. 10 and 11, ed. Baluzius, i, p. 498.

78. Capitulary of the year 812, arts. 10 and 11.

79. In the year 813, art. 6, ed. Baluzius, i, p. 508.

80. Capitulary of the year 813, art. 6.

81. Book iv of the Capitularies, art. 37, and inserted in the law of the Lombards.

82. Book iv of the Capitularies, art. 37.

83. In the year 805, art. 8.

84. Capitulary of the year 805, art. 8.

85. In the year 864, art. 34, ed. Baluzius, p. 192.

86. Ibid.

87. 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.

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

89. Comites. De Moribus Germanorum, 13.

90. Qui sunt in truste regis, tit. 44, art. 4.

91. Book i, form. 18.

92. From the word trew, which signifies faithful among the Germans.

93. Leudes, fideles.

94. Vassalli, seniores.

95. Fiscalia. See Marculfus, i. form. 14. It is mentioned in the Life of St. Maur, dedit fiscum 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.

96. See i, tit. 1, of the fiefs; and Cujas on that book.

97. Book ix. 38.

98. Ibid., vii.

99. Book i, form. 30.

100. Book iii, tit. 8, § 3.

101. Feudorum, i, tit. 1.

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

103. See the Capitulary of Charlemagne in the year 812, arts. 3 and 4, ed. Baluzius, i, p. 491; and the edict of Pistes in the year 864, art. 26, ii, p. 186.

104. Book ii of the Capitularies, art. 28.

105. They were called Compagenses.

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

107. Advocati.

108. Capitulary of Charlemagne, in the year 812, art. 1 and 5, ed. Baluzius, i, p. 490.

109. See the Capitulary of the year 803, published at Worms, ed Baluzius, pp. 408, 410.

110. Capitulary of Worms in the year 803, edition of Baluzius, p. 409; and the council in the year 845, under Charles, the Bald, in verno palatio, edition of Baluzius, ii, p. 17, art. 8.

111. The fifth Capitulary of the year 819, art. 27, edition of Baluzius, p. 618.

112. Capitulary 11 in the year 812, art. 7, edition of Baluzius, i, p. 494.

113. Capitulary i of the year 812, art. 5, edition of Baluzius, i, p. 490.

114. In the year 812, cap. i, edition of Baluzius, p. 490.

115. Establishment of the French Monarchy, iii, book VI, cap. iv, p. 299.

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

117. Art. 1, 2, and the council in verno palatio of the year 845, art. 8, edition of Baluzius, ii, p. 17.

118. Or assizes.

119. Capitularies, book iv of the Collection of Angezise, art. 57; and the fifth capitulary of Louis the Debonnaire, in the year 819, art. 14, edition of Baluzius, i, p. 615.

120. See the 8th note of the preceding chapter.

121. It is to be found in the Collection of William Larabard, De Priscis Anglorum legibus.

122. In the word Satrapia.

123. This is well explained by the assizes of Jerusalem, 221, 222.

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

125. See Marculfus, i, form. 8, which contains the letters given to a duke, patrician, or count; and invests them with the civil jurisdiction, and the fiscal administration.

126. Chronicle, 78, in the year 636.

127. 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 word boni homines.

128. Per bonos homines, sometimes there were none but principal men. See the appendix to the formularies of Marculfus, 51.

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

130. See the law of the Ripuarians, tit. 89; and the law of the Lombards, ii, tit. 52, § 9.

131. Tacitus, De Moribus Germanorum, 21.

132. See this law in the 2nd title on murders; and Vulemar's addition on robberies.

133. Tit. i, § 1.

134. Salic Law, tit. 8, § 1; tit. 17, § 3.

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

136. Book i, tit. 7, § 15.

137. See the law of the Angli, tit. 1, §§ 1,2, and 4; ibid. tit. 5, § 6; the law of the Bavarians, tit. 1, cap. 8, 9, and the law of the Frisians, tit. 15.

138. Tit. 2, cap. xx.

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

140. Thus the law of Ina valued life by a certain sum of money, or by a certain portion of land. Leges In? regis, titulo de villico regio de priscis Anglorum legibus. -- Cambridge, 1644.

141. See the law of the Saxons, which makes this same regulation for several people, cap. xviii. See also the law of the Ripuarians, tit. 36, § 11; the law of the Bavarians, tit. 1, §§ 10 and 11.

142. See the law of the Lombards, i, tit. 25 § 21; ibid., i, tit. 9, §§ 8, 34; ibid., § 38, and the Capitulary of Charlemagne in the year 802, cap. xxxii, containing an instruction given to those whom he sent into the provinces.

143. See in Gregory of Tours, vii. 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.

144. See the law of the Saxons, cap. iii, § 4; the law of the Lombards, i, tit. 37, §§ 1 and 2; and the law of the Alemans, tit. 45, §§ 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 Charlemagne in the year 779, cap. xxii, in the year 802, cap. xxxii, and also that of the year 805, cap. v.

145. The compilers of the law of the Ripuarians seem to have softened this. See the 85th title of those laws.

146. See the decree of Tassillon, De Popularibus legibus, art. 3, 4, 10, 16, 19; the law of the Angli, tit. vii. § 4.

147. Book i, tit. ix, § 4.

148. Pactus pro tenore pads inter Childebertum et Clotarium, anno 593, et decretio Clotarii 2 regis, circa annum 595, cap. xi.

149. 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, cap. lxxxix, which is explained by the third Capitulary of the year 813. -- Edition of Baluzius, i, p. 512.

150. Book i, tit. 9, § 17, ed. Lindembrock.

151. Tit. 70.

152. Tit. 46. See also the law of the Lombards, i. cap. xxi, § 3, Lindembrock's edition, si caballus cum pede, &c.

153. Tit. 28, § 6.

154. As appears by the decree of Clotharius II in the year 595.

155. Tit. 89.

156. Capitulare incerti anni, 57, in Baluzius, i p. 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 Saxoni?, in the year 789.

157. See the Capitulary of Charlemagne, de villis, where he ranks these freda among the great revenues of what was called villa, or the king's demesnes.

158. See Marculfus, i, form. 3, 4, 17.

159. See Marculfus, i, form. 2, 3, 4.

160. 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.

161. See the 3rd, 4th, and 14th of the first book, and the charter of Charlemagne, in the year 771, in Martene, Anecdot. collect., i, ii.

162. Treatise of village jurisdictions, Loyseau.

163. See Du Cange on the word hominium.

164. See Marculfus, i, form. 3, 4.

165. Ne aliubi nisi ad ecclesiam, ubi relaxati sunt, mallum teneant, tit. 58, § i. See also § 19. Lindembrock's edition.

166. Tabulariis.

167. Mallum.

168. Vita S. Germeri, Episcopi Tolosani apud Bollandianos 16 Maii.

169. See also the life of St. Melanius, and that of St. Deicola.

170. In the council of Paris, in the year 615, art. 19. See also art. 12.

171. Ibid., art. 5.

172. In the law of the Lombards, ii, tit. 44, cap ii. Lindembrock's edition.

173. Ibid.

174. Letter in the year 858, art. 7 in the Capitularies, p. 108.

175. It is added to the law of the Bavarians, art. 7. See also art. 3. Lindembrock's edition, p. 444.

176. In the year 857, in synodo apud Carisiacum, art. 4, edition of Baluzius, p. 96.

177. Tit. 3, cap. xiii. Lindembrock's edition.

178. Tit. 85.

179. In the year 595, arts. 11 and 12, edition of the Capitularies by Baluzius, p. 19.

180. Arts. 2 and 3.

181. See Du Cange, Glossary, on the word trustis.

182. Inserted in the Law of the Lombards, ii. tit. 52, §14. It is the Capitulary of the year 793, in Baluzius, p. 544, art. 10.

183. See also the same law of the Lombards, ii, tit. 52, § 2, which relates to the Capitulary of Charlemagne of the year 779, art. 21.

184. The third of the year 812, art. 10.

185. The second of the year 813, arts. 14, 20, Baluzius' edition, p. 509.

186. Capitulare quintum anni 819 art. 23, Baluzius' edition, p. 617.

187. Edictum in Carisiaco in Baluzius, ii, p. 152.

188. Edictum Pistense, art. 18, Baluzius' edition, ii, p. 181.

189. Lib. 1.

190. I have already quoted it in the preceding chapter, Episcopi vel patentes.

191. History, vi.

192. Ibid.

193. Vol. ii, book III, 18, p. 270.

194. See the preliminary discourse of the Abbé du Bos.

195. See the Establishment of the French Monarchy, iii, book VI, 4, p. 301.

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

197. Qui in truste dominica est, tit. 44, § 4, and this relates to the 13th formulary of Marculfus, de regis Antrustione. See also tit. 66, of the Salic law, §§ 3 and 4, and tit. 74; and the law of the Ripuarians, tit. 11, and the Capitulary of Charles the Bald, apud Carisiacum, in the year 877, cap. xx.

198. Salic law, tit. 44, § 6.

199. Tit. 44, § 4.

200. Tit. 44, § 1.

201. Tit. 44, § 15.

202. Tit. 44, § 7.

203. Arts. 1, 2, and 3, of tit. 26, of the law of the Burgundians.

204. Establishment of the French Monarchy, iii, book VI. 4, 5

205. Ibid.; iii. 5, pp. 319, 320.

206. Ibid., iii, book VI, 4, pp. 307, 308.

207. Ibid., p. 309, and in the following chapter, pp. 310,320.

208. See xxviii. 28 of this work; and xxxi. 8.

209. Capitulary, Baluzius's edition, i, p. 19.

210. See xxviii. 28 of this work; and xxxi. 8.

211. Chapters 43, 44.

212. Ibid.

213. Establishment of the French Monarchy, iii, book VI, 4, p. 316.

214. Ibid., p. 316.

215. Ibid.

216. De Gestis Ludovici Pii, 43, 44.

217. Chapter 23.

218. Establishment of the French Monarchy, iii, book VI. 4, p. 302.

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Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy

1. Changes in the Offices and in the Fiefs. The counts at first were sent into their districts only for a year; but they soon purchased the continuation of their offices. Of this we have an example in the reign of Clovis' grandchildren. A person named Peonius was count in the city of Auxerre;[1] he sent his son Mummolus with money to Gontram, to prevail upon him to continue him in his employment; the son gave the money for himself, and obtained the father's place. The kings had already begun to spoil their own favours.

Though by the laws of the kingdom the fiefs were precarious, yet they were neither given nor taken away in a capricious and arbitrary manner: nay, they were generally one of the principal subjects debated in the national assemblies. It is natural, however, to imagine that corruption crept into this as well as the other case; and that the possession of the fiefs, like that of the counties, was continued for money.

I shall show in the course of this book,[2] that, independently of the grants which the princes made for a certain time, there were others in perpetuity. The court wanted to revoke the former grants; this occasioned a general discontent in the nation, and was soon followed by that famous revolution in French history, whose first epoch was the amazing spectacle of the execution of Brunehault.

That this queen, who was daughter, sister and mother of so many kings, a queen to this very day celebrated for public monuments worthy of a Roman ?dile or proconsul, born with an admirable genius for affairs, and endowed with qualities so long respected, should see herself of a sudden exposed to so slow, so ignominious and cruel a torture,[3] by a king whose authority was but indifferently established in the nation,[4] would appear very extraordinary, had she not incurred that nation's displeasure for some particular cause. Clo-tharius reproached her with the murder of ten kings; but two of them he had put to death himself; the death of some of the others was owing to chance, or to the villainy of another queen;[5] and a nation that had permitted Fredegunda to die in her bed,[6] that had even opposed the punishment of her flagitious crimes, ought to have been very different with respect to those of Brunehault.