He was buried at Aix la Chapelle. His body was embalmed, and placed in a vault on a throne of gold, having on the Imperial robes, above a hair cloth vest which he was accustomed to wear. A richly ornamented sword lay by his aide, with a pilgrim's scrip, which he used in going to Rome. He held the gospels in his hand, written in letters of gold. His head was adorned with a chain of gold in the form of a diadem, enclosing a piece of wood of the true cross. His face was covered with a handkerchief. A golden sceptre and buckler hung before him. The sepulchre being filled with riches and perfumes, was securely shut and sealed, and over it was erected a gilded arch with the following inscription: "Sub hoc Conditorio situm est Corpus Karoli Magni, atque orthodoxi Imperatoris, Qui Regnum Francorum nobiliter ampliavit, et per annos 47 feliciter rexit. Decessit Septuagenarius Anno ab Incarnatione Domini DCCCXIV. Indictione VII. V. KAL. FEBRUARIAS *.” In the chapter allotted to the consideration of the religion of this period, we meet with many curious particulars. The account of the Arian heresy, and of the Nestorian and Eutychian controversies, is related with fairness and impartiality, and is replete with interest. The following enumeration of the rules by which a female monastery, in the sixth century, was governed, will probably amuse our readers: St. Cæsar, bishop of Arles, about A. D. 507, founded a fe male monastery or nunnery at Ailes. As it is one of the first in France of whose regulations we have a distinct account, a summary of them will serve to shew the general nature of the institution. Widows, and children above six years of age, were admitted after a year's probation. They were strictly shut up in the monastery, and secluded from all worldly intercourse. They were neither allowed to go out, nor was any person permitted to come in to them, not even into the church whither they went to worship, excepting the clergy of approved reputation, who were necessary for conducting the religious service. The abbess, or head of the monastery, attended by two or three of the sisterhood, might occasionally receive a visit, but was prohibited from offering either meat or drink to any one, even to the bishop. No one was allowed to have any property; all things were common. The abbess herself was not allowed a servant; they all served themselves, and helped one another. They had cach a bed, but slept together, old and young, in the same chamber. They were allowed no means of concealment, no repository, not even a chest, press, or drawer, in which to lock up any thing peculiar or valuable. Their beds were simple, without any ornament. They made their own clothes, which were white and plain woollen. Their head-dress, or cap, was restricted to the height of an inch and two lines. They were tasked daily, but forbidden to work embroidery, or to bleach their garments, assume any ornament, or accommodate * Eginhart in vit. Car. Magni.' them themselves to any fashion, which they might chance to see or hear of in the world. All were taught to read, and spent two hours, from six to eight in the morning, in reading; besides what was read by some one to the rest, while they were working. They fasted on Monday, Wednesday, and Friday, every week during the months of September and October. From the first of November to Christmas they fasted every day, excepting Saturdays and festival days; they did the same seven days before Epiphany; from that time to Lent they fasted on Monday, Wednesday, and Friday; and of course all the time of Lent. Their usual allowance was two dishes at dinner, and three at supper; which seem to have been chiefly bread and milk in various forms, vegetables, and fish; for they were never allowed butchers' meat, nor even fowls, unless when sick or infirm. They were not permitted to bathe, but when it was ordered by the physician. And if The means of correction and discipline were reproof and excommunication; but their excommunication consisted in separation only from public prayers, and from the common table at meals. both these failed in producing the desired effect, recourse was had to flagellation. It is remarked, as a singular proof of the mildness of St. Cæsar's discipline, that he never exceeded the scripture rule " of forty stripes save one." In that division of the work in which the laws of the dif ferent nations constituting the French monarchy are con sidered, we observe many marks of patient investigation and successful industry. We shall close our extracts with Mr. Ranken's view of the Ripuary, and of the Burgundian law : The Ripuarii, comprehended, like the Salii, under the general name of Franks, derived their name (a Ripis) from the banks of the Rhine which they occupied. Their laws, which are very little different from those of the Salii that we have just now considered, show that their origin, situation, and state of society, were almost the same. They were similar in regard to their ranks, or orders of men. Their law is rather more particular with respect to the manner of manumitting slaves than the Salic, and is, on the whole, more favourable to that class of men. It settles also more attentively the age and rights of minors. Children, both males and females, being orphans, are declared incapable of being prosecuted, or of raising any prosecution before a court of law, till the age of fifteen, when they may either act for themselves, or chuse curators. It is also more favourable to the wife, than either the Roman or Salic law. It declares the marriage portion, morgangeba, given by the husband to the wife next morning after consummation, to be hers unalienably. But if, on the husband's death, no writing appeared, stating the extent and particulars of that portion, then she was en titled " titled to receive 50 solidi as her portion, and a third part more of all that she and her late husband had earned by their industry, or care, since their marriage. It appears that written deeds, as contracts, testaments, &c. were more frequent among them than among the Salii. Adoption itself prevailed among them, and was regulated and confirmed by writing, as well as by the festuca, or symbol. Sales of large property were also made by writing; but if the subject was small, it was held legal before six, or if very small, before three witnesses. In the case of purchasing a large property, it was done in the presence of twelve boys, besides the witnesses, to each of whom the purchaser gave a blow, and a pinch on the car, to secure remembrance of the sale. A testament was made and confirmed in the king's court, in that of the court of the district, or of any other legal judge. The fines for injuries and crimes vary in particular cases, but, on the whole, they resemble those of the Salic Law. Exculpation appears generally admissible, by means of six witnesses swearing, along with the person himself, to his innocence; but in cases more heinous, as in a charge of having murdered royal or ecclesiastical persons, twelve such witnesses were requisite. The ordinary or legal composition for a man's life, is particularly stated, in the Ripuarian Law, as payable either in cattle and goods, or money. The cattle and goods, with their value, are enumerated: and the solidum in this case, instead of forty, is rated at only twelve denarii, which is said to be its ancient value. From the Capitularies of Charlemagne annexed to the Ripuary laws, A. D. Sc3, it seems as if a part of the Franks continued to live then under the Ripuary laws, probably still in or near their ancient territories on the Rhine.' The origin of the Burgundians may be traced obscurely among the Vandal race. Like other barbarous tribes, they pressed forward from the banks of the Elbe, sometimes as allies, and at other times as hostile invaders of the Roman empire, till they finally obtained a permanent settlement in that province of Gaul which still retains their name. Their code of laws was composed by Gundebaud, uncle of Clotildus, wife of Clovis. They are also ascribed to his son Sigismund, who probably corrected and improved them. They breathe some what the spirit of the Roman law, and are plainly accommodated to the Christian church. The peculiar favour shewn to any Goth who might chuse to settle among them, seems to imply a knowledge of their common northern origin. Their laws are fewer than those of either the Franks or Visigoths, and they are much milder. Freemen, freedmen, and slaves, were, like those of the other nations, their ordinary ranks of men. A slave once presented with his freedom, could not be reclaimed, from any caprice of his master, or other trivial cause, but by a formal sentence only of a court of justice. A father seems to have had less power over his children than among any of the other nations, and particularly than among the Ro mans; mans; for he could not alienate their property from them, nor control them in the disposition of it. He was still their natural guardian: next to him, the mother was the guardian of her own children; failing whom, the nearest of kin, without any specification. The age of majority was fifteen years. In case of a daughter's marriage after the death of her father and brethren, the uncle was entitled to one third of her portion, and her sisters to another. If she had no sisters nor uncle, then her mother received one third, and her nearest of kin the other. She retained the other third herself. A woman was incapable of alienating from her children, and other heirs, any part of her marriage portion: she could, however, dispose of what she acquired by the testament of her children, or other friends, or by her own industry, as she chose. If a woman deserted her legal husband, she was ordained to be choked, or drowned in mud. Á husband, on deserting his wife, was bound to pay her equal to the amount of another portion, or what he gave for her on his marriage, and a fine besides of twelve solidi. If he could prove her an adulteress, a witch, or a violator of the tombs of the dead, he was liable to make no compensation whatever: but if he dismissed her without any cause, then his fortune went to her and her children. Adultery was punished with death. Incest was punished with a fine only of twelve solidi; but the woman was subjected to slavery. A parent might dispose, as he pleased, of whatever he had ac quired by his own industry; but that which he inherited, or derived from the nation or the king, descended in legal succession to his children. If he chose, on the death of his wife, to marry again, it was necessary first to secure the children of the former marriage in their portion, reserving to himself a half only, which he might give or leave to the children of the second marriage. In other respects their rules of succession, of testament, &c. were similar to those of the other nations. Prescription followed on peaceable possession after fifteen years; and thirty years completed a right, whatever violence or injury had attended the commencement of the occupancy. The laws of the other nations protect any one received into the house, and entertained by another; but the Burgundians are the only people whose laws enjoin hospitality. They ordain a fine of three solidi to be paid by any one who shall refuse hospitality to a stranger: yet they were jealous of foreigners who entered their country. Death was the penalty which the law denounced against murder in general. In the cases excepted from that general law, as when provocation was given, the fine for a noble person was but one hun dred and fifty solidi; for an ordinary person, one hundred solidi; and for an inferior person, seventy-five solidi. Neglect of summons to a court of justice, was punished by a hundred lashes. • In In cases of defective evidence, or when either party was obstinate, recourse was had, as among the other rude nations, to duel, single combat, &c. When we reflect on the laws of these several nations comparatively, the first observation which occurs, is the striking similarity of their general principles. Their ranks of persons, their relations, and the duties arising out of them; their rules of property, and forms of tenure and succession; their foundations of obligation, and their causes and effects of legal action, with considerable variety in the detail, bear a strong resemblance on the whole: insomuch that we are likely to be disappointed, if we expected the character of these several codes to be distinctly marked on the people of those regions where their authority once prevailed. Many of the minuter differences were gradually effaced, run into the stronger features of the Roman law, or were obliterated afterwards by the still more powerful impression of feudal times. But, in the next place, as a difference is discernible which may be retained as the milder laws among the Burgundians in favour of children, of females, and of hospitality--as the patria potestas among the Romans-or as the manner of attesting sales among the Ripuarians, it will be convenient and curious, in subsequent periods of this history, to be able to trace the customs of those countries or provinces, and to refer them to the original and peculiar laws of their respective ancestors. Among the people of Provence, in Marseilles, and that neighbourhood especially, we might expect some traces of the laws of Ionia, whence the colony which peopled that city and country had emigrated; but they appear to have framed new and peculiar rules for their infant settlement. Besides, the Romans early mingled with the people of that colony: it became peculiarly Provincia Romana; and was, in progress of time, more impressed with the spirit of the Roman, than of the Grecian laws.' We receive with pleasure the information that a second volume of this work is in great forwardness, bringing down the history from the death of Charlemagne to the commencement of the third dynasty, or Capetian race of kings; as we are satisfied that a performance of so much merit will meet encouragement sufficient to induce Mr. R. to proceed. ART. IX. The Physical Principles of Chemistry. By M. J. Brisson, &c. &c. To which is added a short Appendix by the Translator. Illustrated with Seven Engravings. 8vo. pp. 424. Ios. 6d. Boards. Cuthell. 1801. T the S.R. |
