Footnotes
[195]
Third capitulary of the year 812, art. 3, edition of Baluzius,
p. 497, and of Charles the Bald, added to the "Law of the Lombards," book ii,
art. 3.
[196]
Third capitulary of the year 812, art. 2, edition of Baluzius,
p. 497.
[197]
"Capitulary of Louis the Debonnaire," edition of Baluzius, p.
667.
[198]
See the "Capitulary of Charles the Bald," added to the "Law of the
Lombards,"book ii, art. 3.
[199]
Third capitulary of the year 812, art. 8.
[201]
This appears by the formulas, charters, and the capitularies.
[202]
In the year 757, edition of Baluzius, p. 180, arts. 9 and 10,
and the "Synod and Vernas," in the year 755, art. 29, edition of
Baluzius, p. 175. These two capitularies were made under King Pepin.
[203]
The officers under the count, Scabini.
[204]
See the "Law of the Lombards," book ii, tit. 52, art. 22.
[205]
There are instances of appeals of default of justice as early
as the time of Philip Augustus.
[206]
Chapter 61, p. 315.
[208]
Defontaines, chap. 21, art. 24.
[210]
Beaumanoir, chap. 61, p. 312.
[211]
Defontaines, chap. 21, art. 29.
[212]
This was the case in the famous difference between the Lord of
Nesle and Joan, Countess of Flanders, during the reign of Louis VIII. He
called upon her to have it tried within forty days, and thereupon
challenged her at the king's court with default of justice. She answered
that she would have it tried by her peers in Flanders. The king's court
determined that it should not be sent there and that the countess should
be cited.
[213]
Defontaines, chap. 21, art. 34.
[215]
Beaumanoir, chap. 61, p. 311.
[216]
Ibid., chap. 61, p. 312. But he that was neither tenant nor vassal to
the lord paid only a fine of sixty livres. — Ibid.
[218]
Chapter 21, art. 35.
