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[Footnote 82: In his original edict, published at Lyons, (A.D. 501,) establishes and justifies the use of judicial combat, (Les Burgund. tit. xlv. in tom. ii. p. 267, 268.) Three hundred years afterwards, Agobard, bishop of Lyons, solicited Lewis the Pious to abolish the law of an Arian tyrant, (in tom. vi. p. 356-358.) He relates the conversation of Gundobald and Avitus.] [Footnote 83: "Accidit, (says Agobard,) ut non solum valentes viribus, sed etiam infirmi et senes lacessantur ad pugnam, etiam pro vilissimis rebus. Quibus foralibus certaminibus contingunt homicidia injusta; et crudeles ac perversi eventus judiciorum." Like a prudent rhetorician, he suppresses the legal privilege of hiring champions.] [Footnote 84: Montesquieu, (Esprit des Loix, 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 case of treason, is mentioned by Ermoldus, Nigellus (l. 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," &c., expressions too general to exclude the noblest of their tribes.] A devouring host of one hundred and twenty thousand Germans had formerly passed the Rhine under the command of Ariovistus. One third part of the fertile lands of the Sequani was appropriated to their use; and the conqueror soon repeated his oppressive demand of another third, for the accommodation of a new colony of twenty-four thousand Barbarians, whom he had invited to share the rich harvest of Gaul. [85] At the distance