[e] Vie privée des Français, t. i. p. 320; t. ii. p. 11.
[f] Ibid. t. i. p. 324.
[g] Rymer, t. i. p. 61.
[h] Whitaker's Hist. of Craven, p. 340, and of Whalley, p. 171.
[] Velly, Hist. de France, t. iii. p. 236.
[k] John of Salisbury inveighs against the game-laws of his age, with an odd transition from the Gospel to the Pandects. Nec veriti sunt hominem pro unâ bestiolâ perdere, quem unigentius Dei Filius sanguine redemit suo. Quæ feræ naturæ sunt, et de jure occupantium fiunt, sibi audet humana temeritas vindicare, &c. Polycraticon, p. 18.
[m] Le Grand, Vie privée des Français, t. i. p. 325.
[n] For the injuries which this people sustained from the seigniorial rights of the chace, in the eleventh century, see the Recueil des Historiens, in the valuable preface to the eleventh volume, p. 181. This continued to be felt in France down to the revolution, to which it did not perhaps a little contribute. (See Young's Travels in France.) The monstrous privilege of free-warren (monstrous, I mean, when not originally founded upon the property of the soil) is recognised by our own laws; though, in this age, it is not often that a court and jury will sustain its exercise. Sir Walter Scott's ballad of the Wild Huntsman, from a German original, is well known; and, I believe, there are several others in that country not dissimilar in subject.
[o] Muratori, Dissert. 21. This dissertation contains ample evidence of the wretched state of culture in Italy, at least in the northern parts, both before the irruption of the barbarians, and, in a much greater degree, under the Lombard kings.
[p] Schmidt, Hist. des Allem. t. i. p. 408. The following passage seems to illustrate Schmidt's account of German villages in the ninth century, though relating to a different age and country. "A toft," says Dr. Whitaker, "is a homestead in a village, so called from the small tufts of maple, elm, ash, and other wood, with which dwelling-houses were anciently overhung. Even now it is impossible to enter Craven without being struck with the insulated homesteads, surrounded by their little garths, and overhung with tufts of trees. These are the genuine tofts and crofts of our ancestors, with the substitution only of stone for the wooden crocks and thatched roofs of antiquity." Hist. of Craven, p. 380.