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1. Gregory of Tours, iv. 42.
2. Chapter 7.
3. Fredegarius, Chronicle, 42.
4. Clotharius II, son of Chilperic, and the father of Dagobert.
5. Fredegarius, Chronicle, 42.
6. See Gregory of Tours, viii. 31.
7. Fredegarius, Chronicle, 27, in the year 605.
8. Ibid., 28, in the year 607.
9. Ibid., 41, in the year 613.
10. Ibid., 42, in the year 613.
11. Some time after Brunehault's execution, in the year 615. See Baluzius's edition of the Capitularies, p. 21.
12. Ibid., art. 16.
13. Ibid.
14. Ibid., art. 17.
15. Ibid., art. 1.
16. Ibid., art. 8.
17. Ibid., art. 9.
18. Ibid., art. 21.
19. They were orders which the king sent to the judges to do or to tolerate things contrary to law.
20. See Gregory of Tours, iv, p. 227. Both our history and the charters are full of this; and the extent of these abuses appears especially in Clotharius' constitution, inserted in the edition of the Capitularies made to reform them. Baluzius's edition, p. 7.
21. Ibid., art. 22.
22. Ibid., art 6.
23. Ibid., art. 18.
24. In Baluzius's edition of the Capitularies, i. p. 7.
25. In the preceding book I have made mention of these immunities, which were grants of judicial rights, and contained prohibitions to the regal judges to perform any function in the territory, and were equivalent to the erection or grant of a fief.
26. He began to reign towards the year 670.
27. See the Life of St. Leger.
28. Instigante Brunihault, Theodorico jubente, &c. -- Fredegarius, 27, in the year 605.
29. Gesta regum Francorum, 36.
30. See Fredegarius, Chronicle, 54, in the year 626, and his anonymous continuator, 101, in the year 695, and 105, in the year 715. Aimoin, iv. 15, Eginhard. Life of Charlemagne, 48. Gesta regum Francorum, 45.
31. See the Law of the Burgundians, pref., and the second supplement to this law, tit. 13.
32. See Gregory of Tours, ix. 36.
33. Fredegarius, Chronicle, 44, in the year 626.
34. Fredegarius, Chronicle, 68, in the year 630.
35. Fredegarius, Chronicle, 75, in the year 632.
36. Fredegarius, Chronicle, 79, in the year 638.
37. Ibid.
38. Ibid., 80, in the year 639.
39. Fredegarius, Chronicle, 89, in the year 641.
40. Ibid.
41. De Majoribus Domus Regiæ.
42. De Moribus Germanorum, 7.
43. See Sulpicius Alexander, in Gregory of Tours, ii.
44. In the year 552.
45. Agathias, i. Gregory of Tours, iv. 9.
46. Gontram did not even march against Gondovald, who styled himself son of Clotharius, and claimed his share of the kingdom.
47. Sometimes to the number of twenty. See Gregory of Tours, v. 27, viii. 28 and 30, x. 3. Dagobert, who had no mayor in Burgundy, observed the same policy, and sent against the Gascons ten dukes and several counts who Lad no dukes over them. -- Fredegarius, Chronicle, 78, in the year 636.
48. Gregory of Tours, viii. 30, and x. 3.
49. Ibid., viii. 30.
50. See the second supplement to the law of the Burgundians, tit. 13, and Gregory of Tours, ix. 36.
51. See the Annals of Metz, years 687 and 688.
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 hæredibus, 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 Galliæ 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. Imp rial., 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.
118.
119.
120.
121. Historians of France by the Benedictines, v, p. 9.
122. Ibid., p. 10.
123. In the year 768.
124. Tom. ii, lectionis antiquæ.
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. Imp rial., 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 tæderet 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.
152. See the synod in the year 845, apud Teudonis villam, art. 3 and 4, which gives a very exact description of things; as also, that of the same year, held at the palaces of Vernes, art. 12, and the synod of Beauvais, also in the same year, art. 3, 4, and 6, in the Capitulary in villa Sparnaco, in the year 846, art. 20, and the letter which the bishops assembled at Rheims wrote in 858, to Louis, King of Germany, art. 8.
153. See the Capitulary in villa Sparnaco, in the year 846. The nobility had set the King against the bishops, insomuch that he expelled them from the assembly; a few of the canons enacted in council were picked out, and the prelates were told that these were the only ones which should be observed; nothing was granted them that could be refused. See art. 20, 21 and 22. See also the letter which the bishops assembled at Rheims wrote in the year 858 to Louis, King of Germany, art. 8, and the edict of Pistes, in the year 864, art. 5.
154. See this very Capitulary in the year 846, in villa Sparnaco. See also the Capitulary of the assembly held apud Marsnam in the year 847, art. 4, wherein the clergy reduced themselves to demand only the restitution of what they had been possessed of under Louis the Debonnaire. See also the Capitulary of the year 851, apud Marsnam, art. 6, and 7, which confirms the nobility and clergy in their several possessions, and that apud Bonoilum, in the year 856, which is a remonstrance of the bishops to the king, because the evils, after so many laws, had not been redressed; and, in fine, the letter which the bishops assembled at Rheims wrote in the year 858, to Louis, King of Germany, art. 8.
155. Art. 8.
156. See the Capitulary of the year 851, art. 6 and 7.
157. Charles the Bald, in the Synod of Soissons, says, that he had promised the bishops not to issue any more precepts relating to church-lands. Capitulary of the year 853, art. 11, Baluzius's edition. ii, p. 56.
158. See the Capitulary of Charles the Bald, apud Saponarias, in the year 859, art. 3. "Venilon, whom I made Archbishop of Sens, has consecrated me; and I ought not to be expelled the kingdom by anybody.
159. See the Capitulary of Charles the Bald, De Carisiaco, in the year 857, Baluzius's edition, ii, p. 88, °°1, 2, 3, 4, and 7.
160. See the synod of Pistes in the year 862, art. 4, and the Capitulary of Lewis II, apud Vernis palatium, in the year 883, art. 4 and 5.
161. Capitulary of the year 876, under Charles, the Bald, in synodo Pontigonensi, Baluzius's edition, art. 12.
162. See what has been said already, book xxx, last chapter, towards the end.
163. In the year 587, in Gregory of Tours, ix.
164. See the following chapter, where I shall speak more diffusely of those partitions; and the notes in which they are quoted.
165. In the year 806, between Charles, Pepin, and Louis, it is quoted by Goldast, and by Baluzius, ii, p. 439.
166. Art. 9, p. 443, which is agreeable to the treaty of Andelot, in Gregory of Tours, ix.
167. Art. 10, and there is no mention made of this in the treaty of Andelot.
168. In Baluzius, i, p. 174, art. 9. See also the division made by the same emperor in the year 837, art. 6, Baluzius's edition, p. 686.
169. In the year 811, Baluzius's edition, i, p. 486, art. 7 and 8, and that of the year 812, ibid. p. 490, art. 1. See also the Capitulary of the year 807, Baluzius's edition, i, p. 458.
170. In the year 793, inserted in the law of the Lombards, iii, tit. 9, cap. ix.
171. In the year 847, quoted by Aubert le Mire, and Baluzius, ii, page 42.
172. Adnunciatio.
173. Art. 2, of the Declaration of Charles.
174. Capitulary of the year 877, tit. 53, art. 9 and 10, apud Carisiacum, similiter et de nostris vassallis faciendum est, &c. This Capitulary relates to another of the same year, and of the same place, art. 3.
175. Capitulary of Aix la Chapelle, in the year 813, art. 16, and the Capitulary of Pepin, in the year 783, art. 5.
176. See the capitulary de Carisiaco, in the year 856, art. 10 and 13. Baluzius's edition, tom. ii, p. 83, in which the king, together with the lords spiritual and temporal, agreed to this.
177. In the year 757, art. 6, Baluzius's edition, p. 181.
178. Book i, 1.
179. At least in Italy and Germany.
180. Book i, of fiefs, 1.
181. Ibid.
182. Capitulary of the year 802, art. 7, Baluzius's edition, p. 365.
183. Apud Marsnam, in the year 847, Baluzius's edition, p. 42.
184. Art. 5, ibid., p. 44.
185. Apud Argentoratum, in Baluzius, Capitularies, ii, p. 39.
186. See the law of Guy, King of the Romans, among those which were added to the Salic law, and to that of the Lombards, tit. 6, °2 in Echard.
187. Some authors pretend that the County of Toulouse had been given away by Charles Martel, and passed by inheritance down to Raymond, the last count; but, if this be true, it was owing to some circumstances which might have been an inducement to choose the Counts of Toulouse from among the children of the last possessor.
188. See his Capitulary of the year 877, tit. 53, art. 9 and 10, apud Carisiacum. This Capitulary bears relation to another of the same year and place, art. 3.
189. The third Capitulary of the year 812, art. 7, and that of the year 815, art. 6, on the Spaniards. The collection of the Capitularies, book 5, art. 288, and the Capitulary of the year 869, art. 2, and that of the year 877, art. 13, Baluzius's edition.
190. As appears from Otho of Frissingue, Of the Actions of Frederic, ii. 29.
191. See the ordinance of Philip Augustus in the year 1209, in the new collection.
192. Book i, tit. 1.
193. Ibid.
194. At least in Italy and Germany.
195. Book i, of fiefs, tit. 1.
196. Gerardus Niger and Aubertus de Orto.
197. Book i, of fiefs, tit. 1.
198. Cujas has proved it extremely well.
199. Ibid.
200. Arnold and his son Louis IV.
201. In the year 926, quoted by Aubert le Mire, Cod. donationum piarum, 27.
202. See the Capitulary of Charles the Bald, in the year 877, apud Carisiacum, on the importance of Paris, St. Denis, and the castles on the Loire, in those days.
203. See above, chapter 30.
204. See the Salic law, and the law of the Ripuarians, in the title of Allodia.
205. See the Capitulary of the year 817, which contains the first partition made by Louis the Debonnaire among his children.
206. See his two letters upon this subject, the title of one of which is De Divisione imperii.
207. See the ordinance of Philip Augustus, in the year 1209, on the fiefs.
208. We find several of these conventions in the charters, as in the register book of Vend me, and that of the abbey, in St. Cyprian in Poitou, of which Mr. Galland has given some extracts, p. 55.
209. But they could not abridge the fiefs, that is, abolish a portion of it.
210. They fixed the portion which they could dismember.
211. This was the reason that the lords obliged the widow to marry again.
212. Most of the great families had their particular laws of succession. See what M. de la Thaumassi re says concerning the families of Berri.
213. We see in the Capitulary of the year 817, apud Carisiacum, art. 3, Baluzius's edition, ii, p. 269, the moment in which the kings caused the fiefs to be administered in order to preserve them for the minors; an example followed by the lords, and which gave rise to what we have mentioned by the name of the guardianship of a nobleman's children.
214. We find the formula thereof in the second Capitulary of the year 802. See also that of the year 854, art. 13, and others.
215. M. Du Cange in the word hominium, p. 1163, and in the word fidelitas, p. 474, cites the charters of the ancient homages where these differences are found, and a great number of authorities which may be seen. In paying homage, the vassal put his hand on that of his lord, and took his oath; the oath of fealty was made by swearing on the gospels. The homage was performed kneeling, the oath of fealty standing. None but the lord could receive homage, but his officers might take the oath of fealty. -- See Littleton, °°91, 92, faith and homage, that is, fidelity and homage.
216. Capitularies of Charles the Bald, in the year 860, post reditum a Conftuentibus, art. 3, Baluzius's edition, p. 145.
217. Ibid., art. 1.
218. Suger, Lib. de administratione sua.
219. Year 757, cap. xvii.
220. One would think that here was an homage and an oath of fealty. See note 6, p. 314.
221. Book iv, de fendis, tit. 59.
222. In the title of Allodia.
223. Somme Rurale, i, tit. 76, p. 447.
224. According to an ordinance of St. Louis, in the year 1246 to settle the customs of Anjou and Maine; those who shall have the care of the heiress of a fief shall give security to the lord, that she shall not be married without his consent.
225. Decision 155, No. 8; and 204, No. 38.
226. In Capell. Thol., decision 453.
227. neid, iii, 523.