Part 39 (1/2)

76 ”Heribannum.”

77 ”Non infirmis reliquit haeredibus,” says Lambert d'Ardres in Ducange, on the word ”alodis.”

78 See those quoted by Ducange, in the word ”alodis,” and those produced by Galland, in his treatise of allodial lands, p. 14, and the following.

79 Second Capitulary of the year 802, art. 10; and the 7th Capitulary of the year 803, art. 3; the 1st Capitulary, ”incerti anni,” art. 49; the 5th 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.

80 The fifth of the year 806, art. 8.

81 In Gregory of Tours, book VI. chap. xlvi.

82 This is what induced him to annul the testaments made in favor of the clergy, and even the donations of his father; Gontram re-established them, and even made new donations.-Gregory of Tours, book VII. chap. vii.

83 See the ”Annals of Metz,” year 689. ”Excitor imprimis querelis sacerdotum et servorum Dei, qui me saepius adierunt ut pro sublatis injuste patrimoniis,” etc.

84 See the ”Annals of Metz.”

85 In Gregory of Tours.

86 ”Karolus plurima juri ecclesiastico detrahens praedia fisco sociavit, ac deinde militibus dispertivit.”-”Ex Chronico Centulensi,” lib. II.

87 See the ”Annals of Metz.”

88 ”Epistolam quoque, decreto Romanorum principum, sibi praedictus praesul Gregorius miserat, quod sese populus Roma.n.u.s, relicta imperatoris dominatione, ad suam defensionem et invictam clementiam convertere voluisset.”-”Annals of Metz,” year 741. ”Eo pacto patrato, ut a partibus imperatoris recederet.”-Fredegarius.

89 Anno 858, ”apud Carisiac.u.m”; Baluzius's edition, tom. i. p. 101.

90 Ibid. p. 109.

91 ”Precaria, quod precibus utendum conceditur,” says Cujus, 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 5th tome of the ”Historians of France” by the Benedictins, art. 6.

92 In the year 743, see the 5th book of the Capitularies, art. 3, Baluzius's edition, p. 825.

93 That of Metz, in the year 736, art. 4.

94 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.

95 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, book III. t.i.t. 1, sec. 30; and to the Salic laws, Collection of Pepin's laws in Echard, p. 195, t.i.t. 26, art. 4.

96 See the const.i.tution of Lotharius I, in the law of the Lombards, book III. law 1, sec. 43.

97 Ibid. sec. 44.

98 Ibid.

99 Given the 28th year of the reign of Charles the Bald, in the year 868. Baluzius's edition, p. 203.

100 ”c.u.m consilio et consensu ipsius qui loc.u.m retinet.”

101 ”Concilium apud Bonoilum,” the 16th year of Charles the Bald, in the year 856, Baluzius's edition, p. 78.

102 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 s.h.i.+ft as well as they could,” says the ”Life of Remigius,” Surius, tom. i. p. 279.

103 Law of the Lombards, book III. t.i.t. 3, secs. 1 and 2.

104 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, tom. i. art. 11, p. 9.

105 ”Agraria et pascuaria, vel decimas porcorum ecclesiae concedimus, ita ut aetor aut decimator in rebus ecclesiae nullus ascedat.” The Capitulary of Charlemagne in the year 800, Baluzius's edition, p. 336, explains extremely well what is meant by that sort of t.i.the from which the Church is exempted by Clotharius; it was the t.i.the 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.

106 Canone 5, ex tomo 1, ”conciliorum antiquorum Galliae opera Jacobi Sirmundi.”

107 Art. 6, Baluzius's edition, p. 332. It was given in the year 800.

108 Held under Charlemagne, in the year 794.

109 ”Experimento enim didicimus in anno quo illa valida fames irrepsit, ebullire vacuas annonas a daemonibus devoratas, et voces exprobrationis auditas,” etc.-Baluzius's edition, p. 267, art. 23.

110 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 t.i.thes neglected to cultivate the lands, etc., art. 5. ”Nonis quidem et decimis, unde et genitor noster et nos frequenter in diversis placitis admonitionem fecimus.”

111 Among others, that of Lotharius, book III. t.i.t. 3, chap. vi.

112 In the year 829, art. 7, in Baluzius, tom. i. p. 663.

113 In the law of the Lombards, book III. t.i.t. 3, sec. 8.

114 It is a kind of codicil produced by Eginhard, and different from the will itself, which we find in Goldastus and Baluzius.

115 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, ”Const.i.t. Imperial,” tom. i.

116 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.

117 As appears by his capitulary, in the year 801, art. 17, in Baluzius, tom. i. p. 360.

118 See his const.i.tution, inserted in the code of the Lombards, book III. t.i.t. l, sec. 44.

119 See the above const.i.tution, and the Capitulary of Charles the Bald, in the year 846, chap. xx. ”in Villa Sparnaco,” Baluzius's edition, tom. ii. p. 31, and that of the year 853, chaps. iii. and v., in the Synod of Soissons, Baluzius's edition, tom. ii. p. 54; and that of the year 854, ”apud Attiniac.u.m,” chap. x. Baluzius's edition, tom. ii. p. 70. See also the first Capitulary of Charlemagne, ”incerti anni,” arts. 49 and 56. Baluzius's edition, tom. i. p. 519.

120 See the Capitularies, book v. art. 44, and the Edict of Pistes in the year 869, arts. 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 See the will of Charlemagne, and the division which Louis the Debonnaire made to his children in the a.s.sembly of the states held at Quierzy, related by Goldast, ”quem populous eligere velit, ut patri suo succedat in regni haereditate.”

122 The anonymous ”Chronicle” in the year 752; and ”Chronic. Centul.” in the year 754.

123 ”Fabella quae post Pippini mortem excogitata est, aequitati ac sanct.i.tati Zachariae papae plurimum adversatur.”-”Ecclesiastic Annals of the French,” tom. ii. p. 319.

124 Vol. 5th of the ”Historians of France” by the Benedictins, p. 9.

125 ”Ut unquam de alterius lumbis regem in aevo praesumant eligere sed ex ipsorum.” Vol. 5th of the ”Historians of France,” p. 10.

126 In the year 768.