avor of the plaintiff, (tit. xxxi. in tom. iv. p. 240;) and the same
toleration is understood, or expressed, in all the codes, except that
of the Visigoths of Spain. Tanta diversitas legum (says Agobard in the
ninth century) quanta non solum in regionibus, aut civitatibus, sed
etiam in multis domibus habetur. Nam plerumque contingit ut simul eant
aut sedeant quinque homines, et nullus eorum communem legem cum altero
habeat, (in tom. vi. p. 356.) He foolishly proposes to introduce a
uniformity of law, as well as of faith. * Note: It is the object of
the important work of M. Savigny, Geschichte des Romisches Rechts in
Mittelalter, to show the perpetuity of the Roman law from the 5th to the
12th century.--M.]

[Footnote 681: The most complete collection of these codes is in the
"Barbarorum leges antiquae," by P. Canciani, 5 vols. folio, Venice,
1781-9.--M.]

[Footnote 70: Inter Romanos negotia causarum Romanis legibus praecipimus
terminari. Such are the words of a general constitution promulgated by
Clotaire, the son of Clovis, the sole monarch of the Franks (in tom. iv.
p. 116) about the year 560.]

[Footnote 71: This liberty of choice has been aptly deduced (Esprit
des Loix, l. xxviii. 2) from the constitution of Lothaire I. (Leg.
Langobard. l. ii. tit. lvii. in Codex Lindenbrog. p. 664;) though the
example is too recent and partial. From a various reading in the Salic
law, (tit. xliv. not. xlv.) the Abbe de Mably (tom. i. p. 290-293) has
conjectured, that, at first, a Barbarian only, and afterwards any man,
(consequently a Roman,) might live according to the law of the Franks.
I am sorry to offend this ingenious conjecture by observing, that
the stricter sense (Barbarum) is expressed in the reformed copy of
Charlemagne; which is confirmed by the Royal and Wolfenbuttle MSS. The
looser interpretation (hominem) is authorized only by the MS. of Fulda,
from from whence Heroldus published his edition. See the four original
texts of the Salic law in tom. iv. p. 147, 173, 196, 220. * Note: Gibbon
appears to have doubted the evidence on which this "liberty of choice"
rested. His doubts have been confirmed by the researches of M. Savigny,
who has not only confuted but traced with convincing sagacity the origin
and progress of this error. As a general principle, though liable to
some exceptions, each lived according to his native law. Romische Recht.
vol. i. p. 123-138--M. * Note: This constitution of Lothaire at first
related