章节正文
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 stealin, g 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 preliminarydiscourse 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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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 stealin, g 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 preliminarydiscourse 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.
关键字:英文版论法的精神
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- precarious [pri´keəriəs]
a.不安定的；危险的 四级词汇 - monarchy [´mɔnəki] n.君主政治；君主国 四级词汇
- preceding [pri(:)´si:diŋ] a.在先的；前面的 四级词汇
- patrician [pə´triʃən] n.(古罗马)贵族 六级词汇
- jurisdiction [,dʒuəris´dikʃən] n.裁判(权)；管辖范围 四级词汇
- fiscal [´fiskəl] a.财政的 六级词汇
- appendix [ə´pendiks] n.附录；阑尾 四级词汇
- treatise [´tri:tiz, -tis] n.(专题)论文 四级词汇
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