In every government there are three sorts of power: the legislative; the executive, in respect to things dependent on the law of nations; and the executive, in regard to matters that depend on the civil law. As there are an infinite number of wise things that are managed in a very foolish manner; so there are many foolish things that are very wisely conducted. A JEWESS of ten years of age, who was burnt at Lisbon at the last Auto-de-fé, gave occasion to the following little piece; the most idle, I believe, that ever was written. 1. “that the ancient civilians† had always been of opinion, that the succession of fiefs in a collateral line did not extend farther than to cousin germans by the father’s side, though of late it was carried as far as the seventh degree, and by the new code they had extended it in a direct line in infinitum.” It is thus that Conrad’s law was insensibly extended. These were Matthew abbot of St. Denis, Simon of Clermont count of Nelle, and in case of death Philip bishop of Evreux, and John count of Ponthieu. Will the Abbé du Bos,† who carries us to Turkey, to give us an idea Edition: current; Page: [423] of the ancient French nobility; will he, I say, pretend that they ever complained among the Turks of the elevation of people of low birth to the honours and dignities of the state, as they complained under Lewis the Debonnaire and Charles the Bald? Cæsar, when he was† dictator, permitted debtors to give their lands in payment to their creditors, at the price they were worth before the civil war. The uncle is there considered as the father, and is obliged to maintain and educate his nephew, as if he were his own child: this proceeds from the disposition of these people, which is good-natured and full of humanity. of Ulpian, tit. iii. This is what I shall now examine. But in their codes* we find three sorts of compositions, one for the Burgundian or Roman nobility, the other for the Burgundians or Romans of a middling condition, and the third for those of a lower rank in both nations. Later writers often caricatured Montesquieu's theory by suggesting that he claimed to explain legal variation simply by the distance of a community from the equator. It seems the first Julian laws allowed three years. Fr. This was one of the artifices by which they cajoled the soldiers. Leg. The Edition: current; Page: [190] clergy is a family which ought not to increase; their wealth ought then to be limited. See ch.
15.
i. cap. So far were the laws of the barbarous nations from being those customs, that it was these very laws, as personal institutions, which introduced them. Thus the people have sometimes admitted bastards into the number* of citizens, in order to increase their power in opposition to the great. Excitor imprimis querelis sacerdotum & servorum Dei, qui me sæpius adierunt ut pro sublatis injuste patrimoniis, &c. Karolus plurima juri ecclesiastico detrahens prædia fisco sociavit, ac deinde militibus dispertivit.
38. CHARLEMAIGN, in the partition*, mentioned in the preceding chapter, ordained, that after his death, the vassals belonging to each king, should be permitted to receive benefices in their own sovereign’s dominion, and not in those† of another; whereas they‡ might keep their allodial estates in any of their dominions.
See his capitulary of the year 877. tit.
2. page 54. and that of the year 854. apud Attiniacum, chap. See Pliny, lib. In his ordinance of Montel-les-tours in the year 1453. Tacitus mentions them by the name of companions*; the Salic law by that of men who have vowed fealty† to the king; the formularies of‡ Marculfus by that of the king’s Antrustios∥, the earliest French historians by that of Leudes§, faithful and loyal; and those of later date by that of vassals** and lords. In the former case, he affronted his own court, and in some measure himself, so that there was no room for pledges of battle. Tit. 2. which relates to the capitulary of Charlemaign of the year 779. art. What I have been saying, proves likewise that this code of institutions was not confirmed in parliament by the barons and magistrates of the kingdom, as is mentioned in a manuscript of the town-house of Amiens, quoted by Mons. In the year 815, chap. : The principal Difference between the Commerce of the Ancients and the Moderns. It would be a difficult matter to trace the progress of the abuses which from thence resulted, and of the extension given to that law in each country. 2. tit.
: Of the Appeal of Default of Justice. They were obliged to demand an amendment before the same court: and in case the bailiff refused the amendment demanded, the king gave leave to make an appeal* to his court; or rather interpreting the institutions by themselves, to present him† a request or petition. And when once the public had easy access to the superior courts, the judgments which before constituted only the usages of a particular lordship, formed an universal digest.
: Of the Genius of the Nation in regard to the Mayors. For when the lord gave the fief to his daughter, he multiplied the cases of his right of redemption, because the husband was obliged to pay it as well as the wife‡. Ab Italiæ proceribus est proclamatum, ut imperator sanctus, mutatâ lege, facinus indignum destrueret. If foreigners possess much paper which represent a debt, they annually draw out of the nation a considerable sum for interest. Plutarch, life of Numa. Balusius’s edition, page 145. 6. and 19, and the 5th book of the capitularies, art. . Ibid. But when the dark code of the institutions made its appearance; when the Roman law was translated and taught in public schools; when a certain art of procedure and jurisprudence began to be formed; when practitioners and civilians were seen to rise; the peers and the prodes homines were no longer capable of judging: the peers began to withdraw from the lords tribunals; and the lords were very little inclined to assemble them; especially as the new form of trial, instead of being a solemn proceeding, agreeable to the nobility, and interesting to a warlike people, was become a course of pleading.
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