Footnotes
[131]
Tacitus, "De Moribus Germanorum," 21.
[132]
See this law in the 2nd title on murders; and Vulemar's
addition on robberies.
[134]
Salic Law, tit. 8, section 1; tit. 17, section 3.
[135]
The Salic laws are admirable in this respect, see especially
the titles 3, 4, 5, 6, and 7, which related to the stealing of cattle.
[136]
Book i, tit. 7, section 15.
[137]
See the "Law of the Angli," tit. 1, sections 1, 2, and 4; ibid.
tit. 5, section 6; the "Law of the Bavarians," tit. 1, cap. 8, 9, and the "Law
of the Frisians," tit. 15.
[139]
Hozidra, Ozza, Sagana, Habalingua, Anniena. — Ibid.
[140]
Thus the law of Ina valued life by a certain sum of money, or
by a certain portion of land. Leges Inæ regis, titulo de villico regio de
priscis Anglorum legibus. — Cambridge, 1644.
[141]
See the "Law of the Saxons," which makes this same regulation for
several people, cap. xviii. See also the "Law of the Ripuarians," tit. 36,
section 11; the "Law of the Bavarians," tit. 1, sections 10 and 11.
[142]
See the "Law of the Lombards," book i, tit. 25 section 21; ibid., book i, tit.
9, section 8, 34; ibid., section 38, and the Capitulary of Charlemagne in
the year 802, cap. xxxii, containing an instruction given to those whom
he sent into the provinces.
[143]
See in Gregory of Tours, book vii. 47, the detail of a process,
wherein a party loses half the composition that had been adjudged to
him, for having done justice to himself, instead of receiving
satisfaction, whatever injury he might have afterwards received.
[144]
See the "Law of the Saxons," cap. iii, section 4; the "Law of the
Lombards," book i, tit. 37, sections 1 and 2; and the "Law of the Alemans," tit.
45, sections 1 and 2. This last law gave leave to the party injured to
right himself upon the spot, and in the first transport of passion. See
also the "Capitularies of Charlemagne" in the year 779, cap. xxii, in the
year 802, cap. xxxii, and also that of the year 805, cap. v.
[145]
The compilers of the "Law of the Ripuarians" seem to have
softened this. See the 85th title of those laws.
[146]
See the decree of Tassillon, De Popularibus legibus, art. 3, 4,
10, 16, 19; the "Law of the Angli," tit. vii. section 4.
[147]
Book i, tit. ix, section 4.
[148]
Pactus pro tenore pads inter Childebertum et Clotarium, anno
593, et decretio Clotarii 2 regis, circa annum 595, cap. xi.
