The spirit of laws by Charles de Secondat, Baron de Montesquieu


§ 6, and cap. iii, § 1, and tit. 9, cap. iv, § 4; the law of the



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§ 6, and cap. iii, § 1, and tit. 9, cap. iv, § 4; the law of the
Frisians, tit. 2, § 3, and tit. 14, § 4; the law of the Lombards, i,
tit. 32, § 3, and tit. 35, § 1, and ii, tit. 35, § 2.

79. See cap. xviii, towards the end.


80. As also some other laws of the Barbarians.


81. Tit. 56.


82. Ibid.


83. This appears by what Tacitus says, Omnibus idem habitus. -- De


Moribus Germanorum, 4.

84. Velleius Paterculus, ii. 118, says that the Germans decided all


their disputes by the sword.

85. See the codes of Barbarian laws, and in respect to less ancient


times, Beaumanoir, Ancient Custom of Beauvoisis.

86. Law of the Burgundians, cap. xlv.


87. See the works of Agobard.


88. See Beaumanoir, Ancient Customs of Beauvoisis, 61. See also the Law


of the Angli, cap. xiv, where the trial by boiling water is only a
subsidiary proof.

89. Tit. 14.


90. Cap. xxxi, § 5.


91. See this law, tit. 59, § 4, and tit. 67, § 5.


92. Law of the Lombards, ii, tit. 55, cap. xxxiv.


93. The year 962.


94. Law of the Lombards, ii, tit. 55, cap. xxxiv.


95. It was held in the year 967, in the presence of Pope John XIII and


of the Emperor Otho I.

96. Otho II's uncle, son to Rodolphus, and King of Transjurian Burgundy.


97. In the year 988.


98. Law of the Lombards, ii, tit. 55, cap. xxxiv.


99. Ibid., § 33. In the copy that Muratori made use of it is attributed


to the Emperor Guido.

100. Ibid., § 23.


101. Cassiodorus, iii. 23, 24.


102. The anonymous author of the life of Louis the Debonnaire.


103. See in the Law of the Lombards, i, tit. 4, and tit. 9, § 23, and


ii, tit. 35 §§ 4 and 5, and tit. 55 §§ 1,2,3. The regulations of
Rotharis; and in § 15, that of Luitprandus.

104. Ibid., ii, tit. 55, § 23.


105. The judicial oaths were made at that time in the churches, and


during the first race of our kings there was a chapel set apart in the
royal palace for the affairs that were to be thus decided. See
Marculfus, Formulæ i. 38. The Law of the Ripuarians, tit. 59, § 4, tit.
65, § 5. The History of Gregory of Tours; and the Capitulary of the year
803, added to the Salic Law.

106. Chapter 39, P. 212.


107. We find his Constitutions inserted in the Law of the Lombards, and


at the end of the Salic Laws.

108. In a constitution inserted in the Law of the Lombards, ii, tit. 55,


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