Footnotes
[149]
When it was not determined by the law, it was generally the
third of what was given for the composition, as appears in the law of
the Ripuarians, cap. lxxxix, which is explained by the third Capitulary
of the year 813. — Edition of Baluzius, i, p. 512.
[150]
Book i, tit. 9, section 17, ed. Lindembrock.
[152]
Tit. 46. See also the law of the Lombards, i. cap. xxi, 3,
Lindembrock's edition, si caballus cum pede, &c.
[153]
Tit. 28, section 6.
[154]
As appears by the decree of Clotharius II in the year 595.
[156]
"Capitulare incerti anni," chap. 57, in Baluzius, tome i p. 515, and it is
to be observed, that what was called fredum or faida, in the monuments
of the first race, is known by the name of bannum in those of the second
race, as appears from the Capitulary de partibus Saxoniæ, in the year
789.
[157]
See the Capitulary of Charlemagne, de villis, where he ranks
these freda among the great revenues of what was called villæ, or the
king's demesnes.
[158]
See Marculfus, book i, form. 3, 4, 17.
[159]
See Marculfus, book i, form. 2, 3, 4.
[160]
See the Collections of those charters, especially that at the
end of the 5th volume of the "Historians of France," published by the
Benedictine monks.
[161]
See the 3rd, 4th, and 14th of the first book, and the charter
of Charlemagne, in the year 771, in Martene, Anecdot. collect., ii, tome i.
[162]
Treatise of village jurisdictions, Loyseau.
[163]
See Du Cange on the word hominium.