utary to the earth,
which had been injured, or neglected, by its precarious masters. [90]
Besides these royal and beneficiary estates, a large proportion had been
assigned, in the division of Gaul, of allodial and Salic lands: they
were exempt from tribute, and the Salic lands were equally shared among
the male descendants of the Franks. [91]
[Footnote 88: See the rustic edict, or rather code, of Charlemagne,
which contains seventy distinct and minute regulations of that great
monarch (in tom. v. p. 652-657.) He requires an account of the horns and
skins of the goats, allows his fish to be sold, and carefully directs,
that the larger villas (Capitaneoe) shall maintain one hundred hens and
thirty geese; and the smaller (Mansionales) fifty hens and twelve geese.
Mabillon (de Re Diplomatica) has investigated the names, the number, and
the situation of the Merovingian villas.]
[Footnote 881: The resumption of benefices at the pleasure of the
sovereign, (the general theory down to his time,) is ably contested by
Mr. Hallam; "for this resumption some delinquency must be imputed to the
vassal." Middle Ages, vol. i. p. 162. The reader will be interested by
the singular analogies with the beneficial and feudal system of Europe
in a remote part of the world, indicated by Col. Tod in his splendid
work on Raja'sthan, vol. ii p. 129, &c.--M.]
[Footnote 89: From a passage of the Burgundian law (tit. i. No. 4, in
tom. iv. p. 257) it is evident, that a deserving son might expect to
hold the lands which his father had received from the royal bounty of
Gundobald. The Burgundians would firmly maintain their privilege, and
their example might encourage the Beneficiaries of France.]
[Footnote 90: The revolutions of the benefices and fiefs are clearly
fixed by the Abbe de Mably. His accurate distinction of times gives him
a merit to which even Montesquieu is a stranger.]
[Footnote 91: See the Salic law, (tit. lxii. in tom. iv. p. 156.) The
origin and nature of these Salic lands, which, in times of ignorance,
were perfectly understood, now perplex our most learned and sagacious
critics. * Note: No solution seems more probable, than that the ancient
lawgivers of the Salic Franks prohibited females from inheriting
the lands assigned to the nation, upon its conquest of Gaul, both
in compliance with their ancient usages, and in order to secure the
military service of every proprietor. But lands subsequently acquired
by purchase or other
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