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


partition made by Louis the Debonnaire among his children



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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 Vendôme, 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.


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1 "Law," says Plutarch, "is the king of mortal and immortal beings." See his treatise, A Discourse to an Unlearned Prince.

2 Witness the savage found in the forests of Hanover, who was carried over to England during the reign of George I.

3 In pref., De cive.

4 Italian poet and jurist, 1664-1718

5 Compare Aristotle, Politics, vi. 2

6 Declamations, 17, 18

7 See the Considerations on the Causes of the Grandeur and Decline of the Romans, 9

8 Pp. 691, 693, ed. Wechel, 1596

9 Bk. i.

10 Bk. iv, art. 15 et seq.

11 See in the Considerations on the Causes of the Grandeur and Decline of the Romans, 9, how this spirit of Servius Tullius was preserved in the republic. of the Romans, 9, how this spirit of Servius Tullius was preserved in the republic.

12 Dionysius Halicarnassus, Eulogium of Isocrates, ii, p. 97, ed. Wechel. Pollux, viii. 10, art. 130.

13 See Aristotle's Politics, ii. 12.

14 . Ibid, iv. 9.

15 See the oration of Demosthenes, De Falsa legat., and the oration against Timarchus.

16 They used even to draw two tickets for each place, one which gave the place, and the other which named the person who was to succeed, in case the first was rejected.

17 De Leg., i, iii.

18 They were called leges tabulares; two tablets were presented to each citizen, the first marked with an A, for Antique, or I forbid it; and the other with an U and an R, for Uti rogas, or Be it as you desire.

19 At Athens the people used to lift up their hands.

20 As at Venice.

21 The thirty tyrants at Athens ordered the suffrages of the Areopagites to be public, in order to manage them as they pleased. -- Lysias, Orat. contra Agorat. 8.

22 See Dionysius Halicarnassus, iv, ix.

23 See Mr. Addison, Travels to Italy, p. 16.

24 They were named at first by the consuls.

25 This is what ruined the republic of Rome. See Considerations on the Causes of the Grandeur and Decline of the Romans, 14, 16.

26 Tournefort, Voyages.

27


28 Diodorus, xviii, p. 601, ed. Rhodoman.

29 Ferdinand, king of Aragon, made himself grand master of the orders, and that alone changed the constitution.

30 The Eastern kings are never without vizirs, says Sir John Chardin.

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