2.  Sohm, Frankische Rechtsund Gerichtsverfassung, p. 23; also Nitzsch, Geschechte des deutschen Volkes, i. 78.

10.  See the excellent remarks on this subject in Augustin Thierry’s Lettres sur l’histoire de France. 7th Letter.  The barbarian translations of parts of the Bible are extremely instructive on this point.

11.  Thirty-six times more than a noble, according to the Anglo-Saxon law.  In the code of Rothari the slaying of a king is, however, punished by death; but (apart from Roman influence) this new disposition was introduced (in 646) in the Lombardian law—­ as remarked by Leo and Botta—­to cover the king from blood revenge.  The king being at that time the executioner of his own sentences (as the tribe formerly was of its own sentences), he had to be protected by a special disposition, the more so as several Lombardian kings before Rothari had been slain in succession (Leo and Botta, l.c., i. 66-90).

12.  Kaufmann, Deutsche Geschichte, Bd.  I.  “Die Germanen der Urzeit,” p. 133.

13.  Dr. F. Dahn, Urgeschichte der germanischen und romanischen Volker, Berlin, 1881, Bd.  I. 96.

14.  If I thus follow the views long since advocated by Maurer (Geschichte der Stadteverfassung in Deutschland, Erlangen, 1869), it is because he has fully proved the uninterrupted evolution from the village community to the mediaeval city, and that his views alone can explain the universality of the communal movement.  Savigny and Eichhorn and their followers have certainly proved that the traditions of the Roman municipia had never totally disappeared.  But they took no account of the village community period which the barbarians lived through before they had any cities.  The fact is, that whenever mankind made a new start in civilization, in Greece, Rome, or middle Europe, it passed through the same stages—­the tribe, the village community, the free city, the state—­each one naturally evolving out of the preceding stage.  Of course, the experience of each preceding civilization was never lost.  Greece (itself influenced by Eastern civilizations) influenced Rome, and Rome influenced our civilization; but each of them begin from the same beginning—­the tribe.  And just as we cannot say that our states are continuations of the Roman state, so also can we not say that the mediaeval cities of Europe (including Scandinavia and Russia) were a continuation of the Roman cities.  They were a continuation of the barbarian village community, influenced to a certain extent by the traditions of the Roman towns.

15.  M. Kovalevsky, Modern Customs and Ancient Laws of Russia (Ilchester Lectures, London, 1891, Lecture 4).

16.  A considerable amount of research had to be done before this character of the so-called udyelnyi period was properly established by the works of Byelaeff (Tales from Russian History), Kostomaroff (The Beginnings of Autocracy in Russia), and especially Professor Sergievich (The Vyeche and the Prince).  The English reader may find some information about this period in the just-named work of M. Kovalevsky, in Rambaud’s History of Russia, and, in a short summary, in the article “Russia” of the last edition of Chambers’s Encyclopaedia.