Inaugwal Address. VII 
dation. These were usually decided in public meetings of 
the people, held annually, at the close of winter, in genera] 
upon the information of witnesses, but in doubtful cases, by 
the ordeal of fire or water, or by combat. (1) 
The polished minds of Romans, found nothing worthy of 
_ imitation in such conquerors—but the conquerors, savages 
as they were, perceived much in the Romans, which they 
could not but admire. They particularly viewed a written 
Code of laws as a novelty possessed of many advantages, 
and, not only permitted the Roman Jurisprudence to sur- 
vive the destructlon of the Roman Government, but, in 
imitation of what they approved, reduced their own usages 
to writing, particularly the Salique Law, which was the pes 
culiar Law of the Franks, (2) The Theodosian Code, and 
the Laws, Customs and usages of the Barbarians, became» 
therefore, equally the Laws of France, (3) and as all Laws 
were held to be purely personal, and were not, for this rea. 
son, confined in their operation to any certain District, the 
Barbarian was tried by the Law of his tribe, the Roman 
by the Roman Code, the children followed the Law of theif 
Father, the wife that of her husband, the widow came back 
to that to which she was originally subject, and the freed- 
man was governed by the Law of his Patron, (4) Yet, 
notwithstanding these general provisions, every Iadividual 
was permitted to make election of the Law by which he 
chose to be governed, it was only required that he should 
make it publicly, and such elections were frequent. (5) The 
Clergy, in particular, who were chiefly Romans, considered 
the privilege of being governed by the Roman Law to be 
80 valuable, that when any person entered into holy orders 
it was usual for him to renounce the Law to which he had 
Ses been 
(1) Fleury, p. 12 & 13. 
(2) Fleury, p. 21. 
(3) Esprit des Loix, Liber. 28, cap. 4, vol. 2 p, 240. 
(4) Esprit des Loix, Liber, 28, cap. 2. 
(5) Esprit des Loix, Liber. 28, cap, 2d. Fleury, p. 18, 
