Footnotes
[298]
In Italy they followed Justinian's code; hence Pope John VIII,
in his constitution published after the Synod of Troyes, makes mention
of this code, not because it was known in France, but because he knew it
himself, and his constitution was general.
[299]
This emperor's code was published towards the year 530.
[300]
Decretals, v. tit. de privilegiis, cap. 28, super specula.
[301]
By a charter in the year 1312, in favour of the university of
Orleans, quoted by Du Tillet.
[302]
"Ancient Custom of Beauvoisis," chap. 1, "Of the Office of Bailiffs."
[303]
Among the common people the burghers were tried by burghers, as
the feudatory tenants were tried by one another. See La Thaumassiere, 19.
[304]
Thus all requests began with these words: "My lord judge, it is
customary that in your court," &c, as appears from the formula
quoted by Boutillier, "Somme Rurale," Book iv, tit. xxi.
[305]
The change was insensible: we meet with trials by peers, even
in Boutillier's time, who lived in the year 1402, which is the date of
his will: Yet nothing but feodal matters were tried any longer by the
peers. Ibid., book i, tit. i, p. 16.
[306]
As appears by the formula of the letters which their lord used
to give them, quoted by Boutillier, "Somme Rurale," book I, tit. xiv, which is
proved likewise by Beaumanoir, "Ancient Custom of Beauvoisis," chap. 1, of the
bailiffs: they only directed the proceedings. "The bailiff is obliged in
the presence of the peers to take down the words of those who plead, and
to ask the parties whether they are willing to have judgment given
according to the reasons alleged; and if they say, yes, my lord; the
bailiff ought to oblige the peers to give judgment." See also the
"Institutions of St. Louis," book i, chap. 105, book ii, chap. 15.
[307]
Beaumanoir, chap. 67, p. 336, and chap. 61, pp. 315 and 316. The
"Institutions," Book ii, chap. 15.
