Note 084
From Chapter 38 of the Decline & Fall

Montesquieu (The Spirit of Laws, xxviii. c. 14), who understands why the judicial combat was admitted by the Burgundians, Ripuarians, Alemanni, Bavarians, Lombards, Thuringians, Frisons, and Saxons, is satisfied (and Agobard seems to countenance the assertion) that it was not allowed by the Salic law. Yet the same custom, at least in cases of treason, is mentioned by Ermoldus Nigellus (1. iii. 543, in tom. vi. p. 48) and the anonymous biographer of Lewis the Pious (c. 46, in tom. vi. p. 112), as the "mos antiquus Francorum more Francis solito," etc., expressions too general to exclude the noblest of their tribes.

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