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.
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.
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.
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.
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 Thaumassière 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. Æneid, iii, 523.