71. This liberty of choice has been aptly deduced (The
Spiritof Laws, l. xxviii.2) from a constitution of Lothaire
I. (Leg. Langobard. l. ii. tit. lvii. in Codex Lindebrog. p.
664), though the example is too recent and partial. From a
various reading in the Salic law (tit. xliv. not. xlv.), the
Abbe de Mably (tom. i. p. 290-293) has conjectured that at
first a 'barbarian' only, and afterwards any 'man'
(consequently a Roman), might live according to the law of
the Franks. I am sorry to offend this ingenious conjecture
by observing that the stricter sense (barbarum) is expressed
in the reformed copy of Charlemagne, which is confirmed by
the Royal and Wolfenbuttel MSS. The looser interpretation
(hominem) is authorised only by the MS. of Fulda, from
whence Heroldus published his edition. See the four original
texts of the Salic law, in tom. iv. p. 147, 173, 196, 220.