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52. Ibid., year 695.
53. Ibid., year 719.
54. Ibid.
55. Ex chronico Centulensi, ii.
56. Annals of Metz, year 691. Annals of Fulda, or of Laurishan, Pippinus dux Francorum obtinuit regnum Francorum per annos 27, cum regibus sibi subjectis.
57. The anonymous continuator of Fredegarius, 104, in the year 714.
58. Cited by Gregory of Tours, ix. See also the edict of Clotharius II, in the year 615, art. 16.
59. See the 24th and the 34th of the first book.
60. See the 14th formula of the first book, which is equally applicable to the fiscal estates given direct in perpetuity, or given at first as a benefice, and afterwards in perpetuity. See also the 17th formula, ibid.
61. Book i, form. 13.
62. Tit. 44. See also tit. 66, §§ 3, 4; and tit. 74.
63. Tit. 11.
64. See also the law of the Ripuarians, tit. 7; and the Salic law, tit. 44, art. 1 and 4.
65. Salic law, tit. 59 and 76.
66. Ibid.
67. Ibid., tit. 59, § 1.
68. Ibid., tit. 76, § 1.
69. Ibid., tit. 56 and 59.
70. Ibid., tit. 76, § 1.
71. Ibid., § 2.
72. Apud vernis palatium, in the year 883, art. 4 and 11.
73. Capitulary of Charlemagne, second of the year 812, art. 1 and 3.
74. Heribannum.
75. Non infirmis reliquit h?redibus, says Lambert d'Ardres in Du Cange, on the word alodis.
76. See those quoted by Du Cange, in the word alodis, and those produced by Galland, in his Treatise on Allodial Lands, p. 14, ff.
77. Second Capitulary of the year 802, art. 10; and the seventh Capitulary of the year 803, art. 3; the first Capitulary, incerti anni, art. 49; the fifth 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.
78. The fifth of the year 806, art. 8.
79. In Gregory of Tours, vi. 46.
80. This is what induced him to annul the testaments made in favour of the clergy, and even the donations of his father; Gontram re-established them, and even made new donations. - Gregory of Tours, vii. 7.
81. See the Annals of Metz, year 687.
82. See the Annals of Metz.
83. In Gregory of Tours.
84. From Chronica Centulensi, ii.
85. See the Annals of Metz.
86. Ibid., year 741.
87. Year 858, in Carisiacus; Baluzius's edition, ii, p. 101.
88. Ibid., ii, art. 7, p. 109.
89. Precaria, quod precibus utendum conceditur, says Cujas, 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 Historians of France by the Benedictines, v, art. 6.
90. In the year 743, see the 5th book of the Capitularies, art. 3, Baluzius's edition, p. 825.
91. That of Metz, in the year 736, art. 4.
92. 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.
93. 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, iii, tit. 1, § 30; and to the Salic Law, Collection of Pepin's Laws in Echard, p. 195, tit. 26, art. 4.
94. See the constitution of Lotharius I, in the law of the Lombards, iii. Leg. 1, § 43.
95. Ibid., § 44.
96. Ibid.
97. Given the 28th year of the reign of Charles the Bald, in the year 868. Baluzius's edition, p. 203.
98. Concilium apud Bonoilum, the 16th year of Charles the Bald, in the year 856, Baluzius's edition, p. 78.
99. 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 shift as well as they could," says the life of Remigius, Surius, i, p. 279.
100. Law of the Lombards, iii, tit. 3, §§ 1 and 2.
101. 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, i, art. 11, p. 9.
102. The Capitulary of Charlemagne in the year 800, Baluzius's edition, p. 336, explains extremely well what is meant by that sort of tithe from which the church is exempted by Clotharius; it was the tithe 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.
103. Canone 5, ex tomo 1, conciliorum antiquorum Galli? opera Jacobi Sirmundi.
104. Art. 6, Baluzius's edition, p. 332. It was given in the year 800.
105. Held under Charlemagne, in the year 794.
106. Baluzius's edition, p. 267, art. 23.
107. 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 tithes neglected to cultivate the lands, &c., art. 5.
108. Among others, that of Lotharius, iii, tit. 3, cap. vi.
109. In the year 829, art. 7, in Baluzius, i, p. 663.
110. In the law of the Lombards, iii, tit. 3, § 8.
111. It is a kind of codicil produced by Eginhard, and different from the will itself, which we find in Goldastus and Baluzius.
112. 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, Constit. Impérial., i.
113. 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.
114. As appears by his Capitulary, in the year 801, art. 17, in Baluzius, i, p. 360.
115. See his constitution, inserted in the code of the Lombards, iii, tit. 1, § 44.
116. See the above constitution, and the Capitulary of Charles the Bald, in the year 846, cap. xx. in Villa Sparnaco, Baluzius's edition, ii. p. 31, and that of the year 853, cap. iii and v, in the Synod of Soissons, Baluzius's edition, ii, p. 54; and that of the year 854, apud Attiniacum, cap. x. Baluzius's edition, ii, p. 70. See also the first Capitulary of Charlemagne, incerti anni, art. 49 and 56. Baluzius's edition, i, p. 519.
117. See the Capitularies, v. art. 44, and the edict of Pistes in the year 869, art. 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. Historians of France by the Benedictines, v, p. 9.
122. Ibid., p. 10.
123. In the year 768.
124. Tom. ii, lectionis antiqu?.
125. Edition of the Capitularies, i, p. 188.
126. In the 1st Capitulary of the year 806. Baluzius's edition, p. 439, art. 5.
127. In Goldast, Constit. Impérial., ii, p. 19.
128. Baluzius's edition, p. 574, art. 14.
129. Capitulary of the year 877. Baluzius's edition, p. 272.
130. In Father Labbe's Councils, ix, col. 424; and in Dumont's Corp. Diplomat., i, art. 36.
131. By the mother's side.
132. See his third Capitulary of the year 811, p. 486, art. 1, 2, 3, 4, 5, 6, 7, and 8; and the first Capitulary of the year 812, p. 490, art. 1; and the Capitulary of the year 812, p. 494, art. 9 and 11, etc.
133. See the Capitulary de Villis in the year 800; his second Capitulary of the year 813, art. 6 and 19; and the fifth book of the Capitularies, art. 303.
134. Capitulary de Villis, art. 39. See this whole Capitulary, which is a masterpiece of prudence, good administration, and economy.
135. See among others the foundation of the Archbishopric of Bremen, in the Capitulary of the year 789. Baluzius's edition, p. 245.
136. For instance, the prohibition of 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, 20, 21, 22.
137. The anonymous author of the Life of Louis the Debonnaire in Duchesne's Collection, tom. ii, p. 295.
138. See his trial and the circumstances of his deposition, in Duchesne's Collection, tom. ii, p. 333.
139. He directed him to show unlimited clemency （indeficientem misericordiam） to his sisters, his brothers, and his nephews. Tegan in the collection of Duchesne, ii, p. 276.
140. See his letters.
141. See his trial and the circumstances of his deposition, in Duchesne's Collection, ii, p. 331. See also his life written by Tegan: "Tanto enim odio laborabat, ut t?deret eos vita ipsius," says this anonymous author in Duchesne, ii, p. 307.
142. The anonymous author of the Life of Louis the Debonnaire in Duchesne's Collection, ii, p. 298.
143. Tegan says that what seldom happened under Charlemagne was a common practice under Louis.
144. Being desirous to check the nobility, he promoted one Bernard to the place of chamberlain, by which the great lords were exasperated to the highest pitch.
145. Tegan, De Gestis Ludovici pii.
146. Nitard, iv, prope finem.
147. Ibid.
148. See book xxx. 13.
149. Hincmar, let. 1, to Louis the Stammerer.
150. See the fragment of the Chronicle of the Monastery of St. Sergius of Angers, in Duchesne, ii, p. 401.
151. See what the bishops say in the synod of the year 845, apud Teudonis villam, art. 4.
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53. Ibid., year 719.
54. Ibid.
55. Ex chronico Centulensi, ii.
56. Annals of Metz, year 691. Annals of Fulda, or of Laurishan, Pippinus dux Francorum obtinuit regnum Francorum per annos 27, cum regibus sibi subjectis.
57. The anonymous continuator of Fredegarius, 104, in the year 714.
58. Cited by Gregory of Tours, ix. See also the edict of Clotharius II, in the year 615, art. 16.
59. See the 24th and the 34th of the first book.
60. See the 14th formula of the first book, which is equally applicable to the fiscal estates given direct in perpetuity, or given at first as a benefice, and afterwards in perpetuity. See also the 17th formula, ibid.
61. Book i, form. 13.
62. Tit. 44. See also tit. 66, §§ 3, 4; and tit. 74.
63. Tit. 11.
64. See also the law of the Ripuarians, tit. 7; and the Salic law, tit. 44, art. 1 and 4.
65. Salic law, tit. 59 and 76.
66. Ibid.
67. Ibid., tit. 59, § 1.
68. Ibid., tit. 76, § 1.
69. Ibid., tit. 56 and 59.
70. Ibid., tit. 76, § 1.
71. Ibid., § 2.
72. Apud vernis palatium, in the year 883, art. 4 and 11.
73. Capitulary of Charlemagne, second of the year 812, art. 1 and 3.
74. Heribannum.
75. Non infirmis reliquit h?redibus, says Lambert d'Ardres in Du Cange, on the word alodis.
76. See those quoted by Du Cange, in the word alodis, and those produced by Galland, in his Treatise on Allodial Lands, p. 14, ff.
77. Second Capitulary of the year 802, art. 10; and the seventh Capitulary of the year 803, art. 3; the first Capitulary, incerti anni, art. 49; the fifth 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.
78. The fifth of the year 806, art. 8.
79. In Gregory of Tours, vi. 46.
80. This is what induced him to annul the testaments made in favour of the clergy, and even the donations of his father; Gontram re-established them, and even made new donations. - Gregory of Tours, vii. 7.
81. See the Annals of Metz, year 687.
82. See the Annals of Metz.
83. In Gregory of Tours.
84. From Chronica Centulensi, ii.
85. See the Annals of Metz.
86. Ibid., year 741.
87. Year 858, in Carisiacus; Baluzius's edition, ii, p. 101.
88. Ibid., ii, art. 7, p. 109.
89. Precaria, quod precibus utendum conceditur, says Cujas, 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 Historians of France by the Benedictines, v, art. 6.
90. In the year 743, see the 5th book of the Capitularies, art. 3, Baluzius's edition, p. 825.
91. That of Metz, in the year 736, art. 4.
92. 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.
93. 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, iii, tit. 1, § 30; and to the Salic Law, Collection of Pepin's Laws in Echard, p. 195, tit. 26, art. 4.
94. See the constitution of Lotharius I, in the law of the Lombards, iii. Leg. 1, § 43.
95. Ibid., § 44.
96. Ibid.
97. Given the 28th year of the reign of Charles the Bald, in the year 868. Baluzius's edition, p. 203.
98. Concilium apud Bonoilum, the 16th year of Charles the Bald, in the year 856, Baluzius's edition, p. 78.
99. 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 shift as well as they could," says the life of Remigius, Surius, i, p. 279.
100. Law of the Lombards, iii, tit. 3, §§ 1 and 2.
101. 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, i, art. 11, p. 9.
102. The Capitulary of Charlemagne in the year 800, Baluzius's edition, p. 336, explains extremely well what is meant by that sort of tithe from which the church is exempted by Clotharius; it was the tithe 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.
103. Canone 5, ex tomo 1, conciliorum antiquorum Galli? opera Jacobi Sirmundi.
104. Art. 6, Baluzius's edition, p. 332. It was given in the year 800.
105. Held under Charlemagne, in the year 794.
106. Baluzius's edition, p. 267, art. 23.
107. 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 tithes neglected to cultivate the lands, &c., art. 5.
108. Among others, that of Lotharius, iii, tit. 3, cap. vi.
109. In the year 829, art. 7, in Baluzius, i, p. 663.
110. In the law of the Lombards, iii, tit. 3, § 8.
111. It is a kind of codicil produced by Eginhard, and different from the will itself, which we find in Goldastus and Baluzius.
112. 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, Constit. Impérial., i.
113. 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.
114. As appears by his Capitulary, in the year 801, art. 17, in Baluzius, i, p. 360.
115. See his constitution, inserted in the code of the Lombards, iii, tit. 1, § 44.
116. See the above constitution, and the Capitulary of Charles the Bald, in the year 846, cap. xx. in Villa Sparnaco, Baluzius's edition, ii. p. 31, and that of the year 853, cap. iii and v, in the Synod of Soissons, Baluzius's edition, ii, p. 54; and that of the year 854, apud Attiniacum, cap. x. Baluzius's edition, ii, p. 70. See also the first Capitulary of Charlemagne, incerti anni, art. 49 and 56. Baluzius's edition, i, p. 519.
117. See the Capitularies, v. art. 44, and the edict of Pistes in the year 869, art. 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. Historians of France by the Benedictines, v, p. 9.
122. Ibid., p. 10.
123. In the year 768.
124. Tom. ii, lectionis antiqu?.
125. Edition of the Capitularies, i, p. 188.
126. In the 1st Capitulary of the year 806. Baluzius's edition, p. 439, art. 5.
127. In Goldast, Constit. Impérial., ii, p. 19.
128. Baluzius's edition, p. 574, art. 14.
129. Capitulary of the year 877. Baluzius's edition, p. 272.
130. In Father Labbe's Councils, ix, col. 424; and in Dumont's Corp. Diplomat., i, art. 36.
131. By the mother's side.
132. See his third Capitulary of the year 811, p. 486, art. 1, 2, 3, 4, 5, 6, 7, and 8; and the first Capitulary of the year 812, p. 490, art. 1; and the Capitulary of the year 812, p. 494, art. 9 and 11, etc.
133. See the Capitulary de Villis in the year 800; his second Capitulary of the year 813, art. 6 and 19; and the fifth book of the Capitularies, art. 303.
134. Capitulary de Villis, art. 39. See this whole Capitulary, which is a masterpiece of prudence, good administration, and economy.
135. See among others the foundation of the Archbishopric of Bremen, in the Capitulary of the year 789. Baluzius's edition, p. 245.
136. For instance, the prohibition of 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, 20, 21, 22.
137. The anonymous author of the Life of Louis the Debonnaire in Duchesne's Collection, tom. ii, p. 295.
138. See his trial and the circumstances of his deposition, in Duchesne's Collection, tom. ii, p. 333.
139. He directed him to show unlimited clemency （indeficientem misericordiam） to his sisters, his brothers, and his nephews. Tegan in the collection of Duchesne, ii, p. 276.
140. See his letters.
141. See his trial and the circumstances of his deposition, in Duchesne's Collection, ii, p. 331. See also his life written by Tegan: "Tanto enim odio laborabat, ut t?deret eos vita ipsius," says this anonymous author in Duchesne, ii, p. 307.
142. The anonymous author of the Life of Louis the Debonnaire in Duchesne's Collection, ii, p. 298.
143. Tegan says that what seldom happened under Charlemagne was a common practice under Louis.
144. Being desirous to check the nobility, he promoted one Bernard to the place of chamberlain, by which the great lords were exasperated to the highest pitch.
145. Tegan, De Gestis Ludovici pii.
146. Nitard, iv, prope finem.
147. Ibid.
148. See book xxx. 13.
149. Hincmar, let. 1, to Louis the Stammerer.
150. See the fragment of the Chronicle of the Monastery of St. Sergius of Angers, in Duchesne, ii, p. 401.
151. See what the bishops say in the synod of the year 845, apud Teudonis villam, art. 4.
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- anonymous [ə´nɔniməs]
a.不具名的；匿名的 六级词汇 - applicable [´æplikəbəl] a.合适的；适用的 六级词汇
- fiscal [´fiskəl] a.财政的 六级词汇
- treatise [´tri:tiz, -tis] n.(专题)论文 四级词汇
- clergy [´klə:dʒi] n.牧师；教士 四级词汇
- diploma [di´pləumə] n.文凭，证书 六级词汇
- precarious [pri´keəriəs] a.不安定的；危险的 四级词汇
- preceding [pri(:)´si:diŋ] a.在先的；前面的 四级词汇
- fatten [´fætn] v.养肥；使肥沃 六级词汇
- diplomat [´dipləmæt] n.外交官；善交际的人 六级词汇
- masterpiece [´mɑ:stəpi:s] n.杰作；杰出的事 四级词汇
- prudence [´pru:dəns] n.谨慎；慎重；节俭 四级词汇
- unlimited [ʌn´limitid] a.无限的；过渡的 四级词汇
- desirous [di´zaiərəs] a.渴望的；想往的 四级词汇
- chamberlain [´tʃeimbəlin] n.(国王的)侍从；管家 四级词汇
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