The Spirit of Laws. Transl. 1st Amer. Ed (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1802 edition. Excerpt: ... at Pistes, in the year 864, which distinguishes the countries where causes were decided by the Roman law, from where it was otherwise. The edict of Pistes shews two things; one, that there-were countries where causes were decided by the Roman law, and others where they were not; and the other, that those countries where the Roman law obtained, were preciselyf the fame where it is still followed at this very day, as appears by the fame edict. Thus the distinction of the provinces or France, under cujlom, and those under writfen law, was already established at the time of the edict of Pistes. 1 have observed, that in the beginning of the monarchy, all laws were perfonal: And thus when the edict of Pistes distinguishes the countries of the Roman law, from those which were not; the meaning is, that in countries which, were not of the Roman law, such a multitude of people had chosen to live under fome or other of the laws of the barbarians, that there were scarce any who would live under the Roman law; and that in the countries of the Roman law there were few who would choose to live under the laws of the barbarians. I am not ignorant that what is here advanced will be reckoned new; but if the things 1 assert be true, surely they are very ancient. After all, what great matter is it, whether they come from me, from the Valesiuses, or fr6rn the Bignons I CHAP. V. 7 he sante Subjecl continued. i-HE law of Gundebald subsisted a long time among the Burgundians, in conjunction with the Roman law: It was itill in use under Lewis le Debonnaire, as Agobard's letter plainly evinces. In like manner, though the edict ot Pistes calls the country occupied by the Visigoths, the country of the Roman law, yet the law of the g3" 3 Visigoths Visigoths was always...