Footnotes
[203]
See the Salic law, and the "Law of the Ripuarians," in the title
of Allodia.
[204]
See the Capitulary of the year 817, which contains the first
partition made by Louis the Debonnaire among his children.
[205]
See his two letters upon this subject, the title of one of
which is De Divisione Imperii.
[206]
See the ordinance of Philip Augustus, in the year 1209, on the
fiefs.
[207]
We find several of these conventions in the charters, as in the
register book of Vendme, and that of the abbey, in St. Cyprian in
Poitou, of which Mr. Galland has given some extracts, p. 55.
[208]
But they could not abridge the fiefs, that is, abolish a
portion of it.
[209]
They fixed the portion which they could dismember.
[210]
This was the reason that the lords obliged the widow to marry
again.
[211]
Most of the great families had their particular laws of
succession. See what M. de la Thaumassire says concerning the families
of Berri.
[212]
We see in the Capitulary of the year 817, apud Carisiacum, art.
3, Baluzius's edition, ii, p. 269, the moment in which the kings caused
the fiefs to be administered in order to preserve them for the minors;
an example followed by the lords, and which gave rise to what we have
mentioned by the name of the guardianship of a nobleman's children.
[213]
We find the formula thereof in the second Capitulary of the
year 802. See also that of the year 854, art. 13, and others.
[214]
M. Du Cange in the word hominium, p. 1163, and in the word
fidelitas, p. 474, cites the charters of the ancient homages where these
differences are found, and a great number of authorities which may be
seen. In paying homage, the vassal put his hand on that of his lord, and
took his oath; the oath of fealty was made by swearing on the gospels.
The homage was performed kneeling, the oath of fealty standing. None but
the lord could receive homage, but his officers might take the oath of
fealty. — See Littleton, 91, 92, faith and homage, that is,
fidelity and homage.
[215]
"Capitularies of Charles the Bald," in the year 860, post reditum
a Confluentibus, art. 3, Baluzius's edition, p. 145.
[217]
Suger, Lib. de administratione sua.
[218]
Year 757, cap. xvii.
[219]
One would think that here was an homage and an oath of fealty.
See note 6, p. 314.
