11. State of Europe at the Time of Charles Martel. The Spirit of the Laws | ||
Footnotes
Precaria, quod precibus utendum conceditur, says Cujas, in his notes upon the first Book of Fiefs. I find in a diploma of King Pepin, dated the third year of his reign, that this prince was not the first who established these precaria; he cites one made by the Mayor Ebroin, and continued after his time. See the diploma of the king, in the "Historians of France" by the Benedictines, tome v, art. 6.
See his "Capitulary," in the year 803, given at Worms; Baluzius's edition, p. 411, where he regulates the precarious contract, and that of Frankfort, in the year 794, p. 267, art. 24, in relation to the repairing of the houses; and that of the year 800, p. 330.
As appears by the preceding note, and by the "Capitulary of Pepin, King of Italy," where it says, that the king would give the monasteries in fief to those who would swear allegiance for fiefs: it is added to the "Law of the Lombards," book iii, tit. 1, section 30; and to the Salic laws, "Collection of Pepin's Laws in Echard," p. 195, tit. 26, art. 4.
See the constitution of Lotharius I, in the "Law of the Lombards," book iii. Leg. 1, section 43.
11. State of Europe at the Time of Charles Martel. The Spirit of the Laws | ||