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ary； and a very great luminary of those times； says he does not believe that throughout the whole kingdom there were two lordships entirely governed by the same law。
This prodigious diversity had a twofold origin。 With regard to the first； the reader may recollect what has been already said concerning it in the chapter of local customs：＇311＇ and as to the second； we meet with it in the different events of legal duels； it being natural that a continual series of fortuitous cases must have been productive of new usages。
These customs were preserved in the memory of old men； but insensibly laws or written customs were formed。
1。 At the commencement of the third race； the kings gave not only particular charters； but likewise general ones； in the manner above explained； such are the institutions of Philip Augustus and those made by St。 Louis。 In like manner the great vassals； in concurrence with the lords who held under them； granted certain charters or establishments； according to particular circumstances at the assizes of their duchies or counties； such were the assize of Godfrey； Count of Brittany； on the division of the nobles； the customs of Normandy； granted by Duke Ralph； the customs of Champagne； given by King Theobald； the laws of Simon； Count of Montfort； and others。 This produced some written laws； and even more general ones than those they had before。
2。 At the beginning of the third race； almost all the common people were bondmen； but there were several reasons which afterwards determined the kings and lords to enfranchise them。
The lords by enfranchising their bondmen gave them property； it was necessary therefore to give them civil laws； in order to regulate the disposal of that property。 But by enfranchising their bondmen； they likewise deprived themselves of their property； there was a necessity； therefore； of regulating the rights which they reserved to themselves； as an equivalent for that property。 Both these things were regulated by the charters of enfranchisement； those charters formed a part of our customs； and this part was reduced to writing。＇312＇
3。 Under the reign of St。 Louis； and of the succeeding princes； some able practitioners； such as Défontaines； Beaumanoir； and others； committed the customs of their bailiwicks to writing。 Their design was rather to give the course of judicial proceedings； than the usages of their time in respect to the disposal of property。 But the whole is there； and though these particular authors have no authority but what they derive from the truth and notoriety of the things they speak of； yet there is no manner of doubt but that they contributed greatly to the restoration of our ancient French jurisprudence。 Such was in those days our common law。
We have come now to the grand epoch。 Charles VII and his successors caused the different local customs throughout the kingdom to be reduced to writing； and prescribed set forms to be observed to their digesting。 Now； as this digesting was made through all the provinces； and as people came from each lordship to declare in the general assembly of the province the written or unwritten usages of each place； endeavours were made to render the customs more general； as much as possible； without injuring the interests of individuals； which were carefully preserved。＇313＇ Thus our customs were characterised in a threefold manner； they were committed to writing； they were made more general； and they received the stamp of the royal authority。
Many of these customs having been digested anew； several changes were made either in suppressing whatever was incompatible with the actual practice of the law； or in adding several things drawn from this practice。
Though the common law is considered among us as in some measure opposite to the Roman； insomuch that these two laws divide the different territories； it is； notwithstanding； true that several regulations of the Roman law entered into our customs； especially when they made the new digests； at a time not very distant from ours； when this law was the principal study of those who were designed for civil employments； at a time when it was not usual for people to boast of not knowing what it was their duty to know； and of knowing what they ought not to know； at a time when a quickness of understanding was made more subservient to learning than pretending to a profession； and when a continual pursuit of amusements was not even the characteristic of women。
I should have been more diffuse at the end of this book； and； entering into the several details； should have traced all the insensible changes which from the opening of appeals have formed the great corpus of our French jurisprudence。 But this would have been ingrafting one large work upon another。 I am like that antiquarian＇314＇ who set out from his own country； arrived in Egypt； cast an eye on。 the pyramids and returned home。
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1。 See the prologue to the Salic Law。 Mr。 Leibnitz says； in his treatise of the origin of the Franks； that this law was made before the reign of Clovis： but it could not be before the Franks had quitted Germany； for at that time they did not understand the Latin tongue。
2。 See Gregory of Tours。
3。 See the prologue to the Law of the Bavarians； and that to the Salic Law。
4。 Ibid。
5。 Lex Angliorum Werinorum； hoc est Thuringorum。
6。 They did not know how to write。
7。 They were made by Euric； and amended by Leovigildus。 See Isidorus's chronicle。 Chaindasuinthus and Recessuinthus reformed them。 Egigas ordered the code now extant to be made； and commissioned bishops for that purpose； nevertheless the laws of Chaindasuinthus and Recessuinthus were preserved； as appears by the sixth council of Toledo。
8。 See the prologue to the Law of the Bavarians。
9。 We find only a few in Childebert's decree。
10。 See the prologue to the Code of the Burgundians； and the code itself； especially tit。 12； § 5； and tit。 38。 See also Gregory of Tours； ii。 33； and the code of the Visigoths。
11。 See lower down； chapter 3。
12。 See cap。 ii。 §§ 8 and 9； and cap。 iv。 §§ 2 and 7。
13。 De Bello Gall。； vi。
14。 Book i； formul。 8。
15。 Chapter 31。
16。 That of Clotarius in the year 560； in the edition of the Capitularies of Baluzius； i； art。 4； ib。 in fine。
17。 Capitularies added to the Law of the Lombards； i； tit。 25； 71； ii； tit。 41； 7； and tit。 56； 1； 2。
18。 Ibid。； ii； tit。 5。
19。 Ibid。； ii； tit。 7； 1。
20。 Ibid。； 2。
21。 Ibid。； ii； tit。 35； 2。
22。 In the Law of the Lombards； ii； tit。 37。
23。 Salic Law； tit。 44； § 1。
24。 Ibid。； tit。 44； §§ 15； 7。
25。 Ibid。； tit。 41； § 4。
26。 Ibid。； § 6。
27。 The principal Romans followed the court； as may be seen by the lives of several bishops； who were there educated； there were hardly any but Romans that knew how to write。
28。 Salic Law； tit。 45。
29。 Lidus whose condition was better than that of a bondman。 Law of the Alemans； 95。
30。 Tit。 35； §§ 3； 4。
31。 The Abbé du Bos。
32。 Witness the expedition of Arbogastes； in Gregory of Tours； History； ii。
33。 The Franks； the Visigoths； and Burgundians。
34。 It was finished in 438。
35。 The 20th year of the reign of this prince； and published