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to trust the doubtful aid of a mercenary champion. This oppressive strength, or courage, of individuals, the victorious Barbarians excelled from Sicily to the Baltic. At the end of ten centuries, the reign nova of fighting on horseback, which was unknown to the Franks.] reason and humanity. The tribunals were stained with the blood, perhaps, [Footnote 80: Montesquieu (Esprit des Loix, l. xxviii. c. 17) has 543-628, in tom. vi. p. 48-50,) who describes the duel, admires the ars the influence of superstition is weakened by its unnatural alliance with from the age of Gundobald to that of St. Lewis; and the philosopher is some times lost in the legal antiquarian.] the emperor Lewis the Pious, his biographer observes, secundum legem rich, then yielded to the strong; and the old, the feeble, and the Lud. Pii, c. 33, in tom. vi. p. 103.) Ermoldus Nigellus, (l. iii. already decided against his country. [84] possessions, to sustain the dangers of an unequal conflict, [83] or of legal violence was not totally extinguished; and the ineffectual condescended to explain and excuse "la maniere de penser de nos peres," in the love and exercise of arms; and the vanquished Roman was unjustly jurisprudence was imposed on the provincials of Gaul, who complained propriam, utpote quia uterque Gothus erat, equestri pugna est, (Vit. [Footnote 81: In a memorable duel at Aix-la-Chapelle, (A.D. 820,) before summoned to repeat, in his own person, the bloody contest which had been infirm, were condemned, either to renounce their fairest claims and of any injuries in their persons and property. Whatever might be the of innocent and respectable citizens; the law, which now favors the censures of saints, of popes, and of synods, may seem to prove, that on the subject of judicial combats. He follows this strange institution

 

 

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Charlemagne; which is confirmed by the Royal and Wolfenbuttle MSS. The with his own hand, the injuries which he had offered or received; and he citizen is fortified by the assurance, that the laws, the magistrate, had only to dread the resentment of the sons and kinsmen of the enemy, Chapter XXXVIII: Reign Of Clovis.--Part III. Langobard. l. ii. tit. lvii. in Codex Lindenbrog. p. 664;) though the and progress of this error. As a general principle, though liable to texts of the Salic law in tom. iv. p. 147, 173, 196, 220. * Note: Gibbon example is too recent and partial. From a various reading in the Salic I am sorry to offend this ingenious conjecture by observing, that and the whole community, are the guardians of his personal safety. But often meritorious: the independent warrior chastised, or vindicated, Lombard code. Savigny. p. 138.--M.] the stricter sense (Barbarum) is expressed in the reformed copy of from from whence Heroldus published his edition. See the four original appears to have doubted the evidence on which this "liberty of choice" in the loose society of the Germans, revenge was always honorable, and vol. i. p. 123-138--M. * Note: This constitution of Lothaire at first conjectured, that, at first, a Barbarian only, and afterwards any man, some exceptions, each lived according to his native law. Romische Recht. who has not only confuted but traced with convincing sagacity the origin rested. His doubts have been confirmed by the researches of M. Savigny, related only to the duchy of Rome; it afterwards found its way into the When justice inexorably requires the death of a murderer, each private looser interpretation (hominem) is authorized only by the MS. of Fulda, (consequently a Roman,) might live according to the law of the Franks. law, (tit. xliv. not. xlv.) the Abbe de Mably (tom. i. p. 290-293) has

 

 

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