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1. Quantum vertice ad oras Æthereas, tantum radice ad Tartara tendit - Virgil, Georg., ii. 292; Æneid, iv. 446.
2. Book iv.
3. For instance, his retreat from Germany. - Ibid.
4. De Bello Gall., vi. 21; Tacitus, De Moribus Germanorum, 31.
5. De Moribus Germanorum, 13.
6. Comites.
7. De Bello Gall., vi. 22.
8. See the Life of Dagobert.
9. See Gregory of Tours, vi, on the marriage of the daughter of Chilperic. Childebert sends ambassadors to tell him that he should not give the cities of his father's kingdom to his daughter, nor his treasures, nor his bondmen, nor horses, nor horsemen, nor teams of oxen, &c.
10. The Romans obliged themselves to this by treaties. See Zozimus, v, upon the distribution of corn demanded by Alaric. - ED.
11. Marius' Chronicle in the year 456.
12. Book x, tit. 1, §§ 8, 9, & 16.
13. Chapter 54, §§ 1, 2. This division was still subsisting in the time of Louis the Debonnaire, as appears by his Capitulary of the year 829, which has been inserted in the law of the Burgundians, tit. 79, § 1.
14. See Procopius, War of the Goths.
15. See Procopius, War of the Vandals.
16. Law of the Burgundians, tit. 54, § 1.
17. Art. 11.
18. De Moribus Germanorum, 21.
19. And in that of the Visigoths.
20. Tit. 54.
21. This is confirmed by the whole title of the code de Agricolis et Censitis, et Colonis.
22. Tit. 26, §§ 1, a.
23. Tit. 57.
24. Ovid, Met. ii. 134.
25. While Gaul was under the dominion of the Romans they formed particular bodies; these were generally freedmen, or the descendants of freedmen.
26. See Gregory of Tours, ii, 27. Aimoin, i. 12.
27. See the Lives of the Saints, footnote 7, below.
28. Gregory of Tours, ii.
29. Ibid., vi. 31.
30. Cassiodorus, iii. 43.
31. In the year 763.
32. See the annals of Fuld, in the year 739, Paulus Diaconus, De gestis Longobardorum, iii. 30, iv. 1, and the Lives of the Saints in the next footnote.
33. See the lives of St. Epiphanius, St. Eptadius, St. C?sarius, St. Fidolus, St. Porcian, St. Treverius, St. Eusichius, and of St. Leger; the miracles of St. Julian, &c.
34. Ovid, Met., i. 293.
35. Even the husbandmen themselves were not all slaves; see the Leg. 18, 23, Cod. de Agricolis, et Censitis, et Colonis, and Leg. 20 of the same title.
36. See Gregory of Tours, ii.
37. Ibid., v. 28.
38. Ibid., viii. 36.
39. Life of St. Aridius.
40. Book vii.
41. Establishment of the French Monarchy, iii. 14, p. 515. See Baluzius, ii, p. 187.
42. Book iii. 36.
43. Book iii, p. 514.
44. Book x, tit. 1, cap. xiv.
45. The Vandals paid none in Africa. - Procopius, War of the Vandals, i, ii. Historia Miscella, xvi, p. 106. Observe that the conquerors of Africa were a mixture of Vandals, Alans, and Franks. Historia Miscella, xiv, p. 94.
46. Establishment of the Franks in Gaul, iii. 14, p. 510.
47. He lays a stress upon another law of the Visigoths, x, tit. 1, art. 11, which proves nothing at all; it says only that he who has received of a lord a piece of land on condition of a rent or service ought to pay it.
48. Book iii, p. 511.
49. Leg. 3, xi, tit. 74.
50. Establishment of the French Monarchy, iii. 14, p. 513, where he quotes the 28th article of the edict of Pistes. See farther on.
51. Ibid. iii. 4, p. 298.
52. In the year 815, cap. i, which is agreeable to the Capitulary of Charles the Bald, in the year 844, arts. 1, 2.
53. They were not obliged to furnish any to the count. -Ibid., art. 5.
54. 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.
55. Capitulary of Charlemagne, 1, in the year 812. Edict of Pistes in the year 864, art. 27.
56. Quatuor mansos. I fancy that what they called Afansus was a particular portion of land belonging to a farm where there were bondmen; witness the capitulary of the year 853, apud Sylvacum, tit. 14, against those who drove the bondmen from their Mansus.
57. See below, chapter 20 of this book.
58. In Duchesne, ii, p. 287.
59. Ibid., p. 89.
60. See the Capitulary of the year 858, art. 14.
61. They levied also some duties on rivers, where there happened to be a bridge or a passage.
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.
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2. Book iv.
3. For instance, his retreat from Germany. - Ibid.
4. De Bello Gall., vi. 21; Tacitus, De Moribus Germanorum, 31.
5. De Moribus Germanorum, 13.
6. Comites.
7. De Bello Gall., vi. 22.
8. See the Life of Dagobert.
9. See Gregory of Tours, vi, on the marriage of the daughter of Chilperic. Childebert sends ambassadors to tell him that he should not give the cities of his father's kingdom to his daughter, nor his treasures, nor his bondmen, nor horses, nor horsemen, nor teams of oxen, &c.
10. The Romans obliged themselves to this by treaties. See Zozimus, v, upon the distribution of corn demanded by Alaric. - ED.
11. Marius' Chronicle in the year 456.
12. Book x, tit. 1, §§ 8, 9, & 16.
13. Chapter 54, §§ 1, 2. This division was still subsisting in the time of Louis the Debonnaire, as appears by his Capitulary of the year 829, which has been inserted in the law of the Burgundians, tit. 79, § 1.
14. See Procopius, War of the Goths.
15. See Procopius, War of the Vandals.
16. Law of the Burgundians, tit. 54, § 1.
17. Art. 11.
18. De Moribus Germanorum, 21.
19. And in that of the Visigoths.
20. Tit. 54.
21. This is confirmed by the whole title of the code de Agricolis et Censitis, et Colonis.
22. Tit. 26, §§ 1, a.
23. Tit. 57.
24. Ovid, Met. ii. 134.
25. While Gaul was under the dominion of the Romans they formed particular bodies; these were generally freedmen, or the descendants of freedmen.
26. See Gregory of Tours, ii, 27. Aimoin, i. 12.
27. See the Lives of the Saints, footnote 7, below.
28. Gregory of Tours, ii.
29. Ibid., vi. 31.
30. Cassiodorus, iii. 43.
31. In the year 763.
32. See the annals of Fuld, in the year 739, Paulus Diaconus, De gestis Longobardorum, iii. 30, iv. 1, and the Lives of the Saints in the next footnote.
33. See the lives of St. Epiphanius, St. Eptadius, St. C?sarius, St. Fidolus, St. Porcian, St. Treverius, St. Eusichius, and of St. Leger; the miracles of St. Julian, &c.
34. Ovid, Met., i. 293.
35. Even the husbandmen themselves were not all slaves; see the Leg. 18, 23, Cod. de Agricolis, et Censitis, et Colonis, and Leg. 20 of the same title.
36. See Gregory of Tours, ii.
37. Ibid., v. 28.
38. Ibid., viii. 36.
39. Life of St. Aridius.
40. Book vii.
41. Establishment of the French Monarchy, iii. 14, p. 515. See Baluzius, ii, p. 187.
42. Book iii. 36.
43. Book iii, p. 514.
44. Book x, tit. 1, cap. xiv.
45. The Vandals paid none in Africa. - Procopius, War of the Vandals, i, ii. Historia Miscella, xvi, p. 106. Observe that the conquerors of Africa were a mixture of Vandals, Alans, and Franks. Historia Miscella, xiv, p. 94.
46. Establishment of the Franks in Gaul, iii. 14, p. 510.
47. He lays a stress upon another law of the Visigoths, x, tit. 1, art. 11, which proves nothing at all; it says only that he who has received of a lord a piece of land on condition of a rent or service ought to pay it.
48. Book iii, p. 511.
49. Leg. 3, xi, tit. 74.
50. Establishment of the French Monarchy, iii. 14, p. 513, where he quotes the 28th article of the edict of Pistes. See farther on.
51. Ibid. iii. 4, p. 298.
52. In the year 815, cap. i, which is agreeable to the Capitulary of Charles the Bald, in the year 844, arts. 1, 2.
53. They were not obliged to furnish any to the count. -Ibid., art. 5.
54. 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.
55. Capitulary of Charlemagne, 1, in the year 812. Edict of Pistes in the year 864, art. 27.
56. Quatuor mansos. I fancy that what they called Afansus was a particular portion of land belonging to a farm where there were bondmen; witness the capitulary of the year 853, apud Sylvacum, tit. 14, against those who drove the bondmen from their Mansus.
57. See below, chapter 20 of this book.
58. In Duchesne, ii, p. 287.
59. Ibid., p. 89.
60. See the Capitulary of the year 858, art. 14.
61. They levied also some duties on rivers, where there happened to be a bridge or a passage.
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.
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