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not his situation, O king! it is thine which deserves pity and lamentation.” The reproaches of a guilty conscience were alleviated, however, by his liberal donations to the monastery of Agaunum, or St. Maurice, in Vallais; which he himself had founded in honor of the imaginary martyrs of the Thebaean legion. ^44 A full chorus of perpetual psalmody was instituted by the pious king; he assiduously practised the austere devotion of the monks; and it was his humble prayer, that Heaven would inflict in this world the punishment of his sins. His prayer was heard: the avengers were at hand: and the provinces of Burgundy were overwhelmed by an army of victorious Franks. After the event of an unsuccessful battle, Sigismond, who wished to protract his life that he might prolong his penance, concealed himself in the desert in a religious habit, till he was discovered and betrayed by his subjects, who solicited the favor of their new masters. The captive monarch, with his wife and two children, was transported to Orleans, and buried alive in a deep well, by the stern command of the sons of Clovis; whose cruelty might derive some excuse from the maxims and examples of their barbarous age. Their ambition, which urged them to achieve the conquest of Burgundy, was inflamed, or disguised, by filial piety: and Clotilda, whose sanctity did not consist in the forgiveness of injuries, pressed them to revenge her father’s death on the family of his assassin. The rebellious Burgundians (for they attempted to break their chains) were still permitted to enjoy their national laws under the obligation of tribute and military service; and the Merovingian princes peaceably reigned over a kingdom, whose glory and greatness had been first overthrown by the arms of Clovis. ^45
[Footnote 43: See his life or legend, (in tom. iii. p. 402.) A martyr! how strangely has that word been distorted from its original sense of a common witness. St. Sigismond was remarkable for the cure of fevers]
[Footnote 44: Before the end of the fifth century, the church of St. Maurice, and his Thebaean legion, had rendered Agaunum a place of devout pilgrimage. A promiscuous community of both sexes had introduced some deeds of darkness, which were abolished (A.D. 515) by the regular monastery of Sigismond. Within fifty years, his angels of light made a nocturnal sally to murder their bishop, and his clergy. See in the Bibliotheque Raisonnee (tom. xxxvi. p. 435 – 438) the curious remarks of a learned librarian of Geneva.]
[Footnote 45: Marius, bishop of Avenche, (Chron. in tom. ii. p. 15,) has marked the authentic dates, and Gregory of Tours (l. iii. c. 5, 6, in tom. ii. p. 188, 189) has expressed the principal facts, of the life of Sigismond, and the conquest of Burgundy. Procopius (in tom. ii. p. 34) and Agathias (in tom. ii. p. 49) show their remote and imperfect knowledge.]

The first victory of Clovis had insulted the honor of the Goths. They viewed his rapid progress with jealousy and terror; and the youthful fame of Alaric was oppressed by the more potent genius of his rival. Some disputes inevitably arose on the edge of their contiguous dominions; and after the delays of fruitless negotiation, a personal interview of the two kings was proposed and accepted. The conference of Clovis and Alaric was held in a small island of the Loire, near Amboise. They embraced, familiarly conversed, and feasted together; and separated with the warmest professions of peace and brotherly love. But their apparent confidence concealed a dark suspicion of hostile and treacherous designs; and their mutual complaints solicited, eluded, and disclaimed, a final arbitration. At Paris, which he already considered as his royal seat, Clovis declared to an assembly of the princes and warriors, the pretence, and the motive, of a Gothic war. “It grieves me to see that the Arians still possess the fairest portion of Gaul. Let us march against them with the aid of God; and, having vanquished the heretics, we will possess and divide their fertile provinces.” ^46 The Franks, who were inspired by hereditary valor and recent zeal, applauded the generous design of their monarch; expressed their resolution to conquer or die, since death and conquest would be equally profitable; and solemnly protested that they would never shave their beards till victory should absolve them from that inconvenient vow. The enterprise was promoted by the public or private exhortations of Clotilda. She reminded her husband how effectually some pious foundation would propitiate the Deity, and his servants: and the Christian hero, darting his battle-axe with a skilful and nervous band, “There, (said he,) on that spot where my Francisca, ^47 shall fall, will I erect a church in honor of the holy apostles.” This ostentatious piety confirmed and justified the attachment of the Catholics, with whom he secretly corresponded; and their devout wishes were gradually ripened into a formidable conspiracy. The people of Aquitain were alarmed by the indiscreet reproaches of their Gothic tyrants, who justly accused them of preferring the dominion of the Franks: and their zealous adherent Quintianus, bishop of Rodez, ^48 preached more forcibly in his exile than in his diocese. To resist these foreign and domestic enemies, who were fortified by the alliance of the Burgundians, Alaric collected his troops, far more numerous than the military powers of Clovis. The Visigoths resumed the exercise of arms, which they had neglected in a long and luxurious peace; ^49 a select band of valiant and robust slaves attended their masters to the field; ^50 and the cities of Gaul were compelled to furnish their doubtful and reluctant aid. Theodoric, king of the Ostrogoths, who reigned in Italy, had labored to maintain the tranquillity of Gaul; and he assumed, or affected, for that purpose, the impartial character of a mediator. But the sagacious monarch dreaded the rising empire of Clovis, and he was firmly engaged to support the national and religious cause of the Goths.
[Footnote 46: Gregory of Tours (l. ii. c. 37, in tom. ii. p. 181) inserts the short but persuasive speech of Clovis. Valde moleste fero, quod hi Ariani partem teneant Galliarum, (the author of the Gesta Francorum, in tom. ii. p. 553, adds the precious epithet of optimam,) camus cum Dei adjutorio, et, superatis eis, redigamus terram in ditionem nostram.]

[Footnote 47: Tunc rex projecit a se in directum Bipennem suam quod est Francisca, &c. (Gesta Franc. in tom. ii. p. 554.) The form and use of this weapon are clearly described by Procopius, (in tom. ii. p. 37.) Examples of its national appellation in Latin and French may be found in the Glossary of Ducange, and the large Dictionnaire de Trevoux.]

[Footnote 48: It is singular enough that some important and authentic facts should be found in a Life of Quintianus, composed in rhyme in the old Patois of Rouergue, (Dubos, Hist. Critique, &c., tom. ii. p. 179.)]
[Footnote 49: Quamvis fortitudini vestrae confidentiam tribuat parentum ves trorum innumerabilis multitudo; quamvis Attilam potentem reminiscamini Visigotharum viribus inclinatum; tamen quia populorum ferocia corda longa pace mollescunt, cavete subito in alean aleam mittere, quos constat tantis temporibus exercitia non habere. Such was the salutary, but fruitless, advice of peace of reason, and of Theodoric, (Cassiodor. l. iii. ep. 2.)] [Footnote 50: Montesquieu (Esprit des Loix, l. xv. c. 14) mentions and approves the law of the Visigoths, (l. ix. tit. 2, in tom. iv. p. 425,) which obliged all masters to arm, and send, or lead, into the field a tenth of their slaves.]

The accidental, or artificial, prodigies which adorned the expedition of Clovis, were accepted by a superstitious age, as the manifest declaration of the divine favor. He marched from Paris; and as he proceeded with decent reverence through the holy diocese of Tours, his anxiety tempted him to consult the shrine of St. Martin, the sanctuary and the oracle of Gaul. His messengers were instructed to remark the words of the Psalm which should happen to be chanted at the precise moment when they entered the church. Those words most fortunately expressed the valor and victory of the champions of Heaven, and the application was easily transferred to the new Joshua, the new Gideon, who went forth to battle against the enemies of the Lord. ^51 Orleans secured to the Franks a bridge on the Loire; but, at the distance of forty miles from Poitiers, their progress was intercepted by an extraordinary swell of the River Vigenna or Vienne; and the opposite banks were covered by the encampment of the Visigoths. Delay must be always dangerous to Barbarians, who consume the country through which they march; and had Clovis possessed leisure and materials, it might have been impracticable to construct a bridge, or to force a passage, in the face of a superior enemy. But the affectionate peasants who were impatient to welcome their deliverer, could easily betray some unknown or unguarded ford: the merit of the discovery was enhanced by the useful interposition of fraud or fiction; and a white hart, of singular size and beauty, appeared to guide and animate the march of the Catholic army. The counsels of the Visigoths were irresolute and distracted. A crowd of impatient warriors, presumptuous in their strength, and disdaining to fly before the robbers of Germany, excited Alaric to assert in arms the name and blood of the conquerors of Rome. The advice of the graver chieftains pressed him to elude the first ardor of the Franks; and to expect, in the southern provinces of Gaul, the veteran and victorious Ostrogoths, whom the king of Italy had already sent to his assistance. The decisive moments were wasted in idle deliberation the Goths too hastily abandoned, perhaps, an advantageous post; and the opportunity of a secure retreat was lost by their slow and disorderly motions. After Clovis had passed the ford, as it is still named, of the Hart, he advanced with bold and hasty steps to prevent the escape of the enemy. His nocturnal march was directed by a flaming meteor, suspended in the air above the cathedral of Poitiers; and this signal, which might be previously concerted with the orthodox successor of St. Hilary, was compared to the column of fire that guided the Israelites in the desert. At the third hour of the day, about ten miles beyond Poitiers, Clovis overtook, and instantly attacked, the Gothic army; whose defeat was already prepared by terror and confusion. Yet they rallied in their extreme distress, and the martial youths, who had clamorously demanded the battle, refused to survive the ignominy of flight. The two kings encountered each other in single combat. Alaric fell by the hand of his rival; and the victorious Frank was saved by the goodness of his cuirass, and the vigor of his horse, from the spears of two desperate Goths, who furiously rode against him to revenge the death of their sovereign. The vague expression of a mountain of the slain, serves to indicate a cruel though indefinite slaughter; but Gregory has carefully observed, that his valiant countryman Apollinaris, the son of Sidonius, lost his life at the head of the nobles of Auvergne. Perhaps these suspected Catholics had been maliciously exposed to the blind assault of the enemy; and perhaps the influence of religion was superseded by personal attachment or military honor. ^52

[Footnote 51: This mode of divination, by accepting as an omen the first sacred words, which in particular circumstances should be presented to the eye or ear, was derived from the Pagans; and the Psalter, or Bible, was substituted to the poems of Homer and Virgil. From the fourth to the fourteenth century, these sortes sanctorum, as they are styled, were repeatedly condemned by the decrees of councils, and repeatedly practised by kings, bishops, and saints. See a curious dissertation of the Abbe du Resnel, in the Memoires de l’Academie, tom. xix. p. 287 – 310]

[Footnote 52: After correcting the text, or excusing the mistake, of Procopius, who places the defeat of Alaric near Carcassone, we may conclude, from the evidence of Gregory, Fortunatus, and the author of the Gesta Francorum, that the battle was fought in campo Vocladensi, on the banks of the Clain, about ten miles to the south of Poitiers. Clovis overtook and attacked the Visigoths near Vivonne, and the victory was decided near a village still named Champagne St. Hilaire. See the Dissertations of the Abbe le Boeuf, tom. i. p. 304 – 331.]

Such is the empire of Fortune, (if we may still disguise our ignorance under that popular name,) that it is almost equally difficult to foresee the events of war, or to explain their various consequences. A bloody and complete victory has sometimes yielded no more than the possession of the field and the loss of ten thousand men has sometimes been sufficient to destroy, in a single day, the work of ages. The decisive battle of Poitiers was followed by the conquest of Aquitain. Alaric had left behind him an infant son, a bastard competitor, factious nobles, and a disloyal people; and the remaining forces of the Goths were oppressed by the general consternation, or opposed to each other in civil discord. The victorious king of the Franks proceeded without delay to the siege of Angouleme. At the sound of his trumpets the walls of the city imitated the example of Jericho, and instantly fell to the ground; a splendid miracle, which may be reduced to the supposition, that some clerical engineers had secretly undermined the foundations of the rampart. ^53 At Bordeaux, which had submitted without resistance, Clovis established his winter quarters; and his prudent economy transported from Thoulouse the royal treasures, which were deposited in the capital of the monarchy. The conqueror penetrated as far as the confines of Spain; ^54 restored the honors of the Catholic church; fixed in Aquitain a colony of Franks; ^55 and delegated to his lieutenants the easy task of subduing, or extirpating, the nation of the Visigoths. But the Visigoths were protected by the wise and powerful monarch of Italy. While the balance was still equal, Theodoric had perhaps delayed the march of the Ostrogoths; but their strenuous efforts successfully resisted the ambition of Clovis; and the army of the Franks, and their Burgundian allies, was compelled to raise the siege of Arles, with the loss, as it is said, of thirty thousand men. These vicissitudes inclined the fierce spirit of Clovis to acquiesce in an advantageous treaty of peace. The Visigoths were suffered to retain the possession of Septimania, a narrow tract of sea-coast, from the Rhone to the Pyrenees; but the ample province of Aquitain, from those mountains to the Loire, was indissolubly united to the kingdom of France. ^56 [Footnote 53: Angouleme is in the road from Poitiers to Bordeaux; and although Gregory delays the siege, I can more readily believe that he confounded the order of history, than that Clovis neglected the rules of war.]
[Footnote 54: Pyrenaeos montes usque Perpinianum subjecit, is the expression of Rorico, which betrays his recent date; since Perpignan did not exist before the tenth century, (Marca Hispanica, p. 458.) This florid and fabulous writer (perhaps a monk of Amiens – see the Abbe le Boeuf, Mem. de l’Academie, tom. xvii. p. 228-245) relates, in the allegorical character of a shepherd, the general history of his countrymen the Franks; but his narrative ends with the death of Clovis.]

[Footnote 55: The author of the Gesta Francorum positively affirms, that Clovis fixed a body of Franks in the Saintonge and Bourdelois: and he is not injudiciously followed by Rorico, electos milites, atque fortissimos, cum parvulis, atque mulieribus. Yet it should seem that they soon mingled with the Romans of Aquitain, till Charlemagne introduced a more numerous and powerful colony, (Dubos, Hist. Critique, tom. ii. p. 215.)] [Footnote 56: In the composition of the Gothic war, I have used the following materials, with due regard to their unequal value. Four epistles from Theodoric, king of Italy, (Cassiodor l. iii. epist. 1 – 4. in tom. iv p. 3 – 5;) Procopius, (de Bell. Goth. l. i. c 12, in tom. ii. p. 32, 33;) Gregory of Tours, (l. ii. c. 35, 36, 37, in tom. ii. p. 181 – 183;) Jornandes, (de Reb. Geticis, c. 58, in tom. ii. p. 28;) Fortunatas, (in Vit. St. Hilarii, in tom. iii. p. 380;) Isidore, (in Chron. Goth. in tom. ii. p. 702;) the Epitome of Gregory of Tours, (in tom. ii. p. 401;) the author of the Gesta Francorum, (in tom. ii. p. 553 – 555;) the Fragments of Fredegarius, (in tom. ii. p. 463;) Aimoin, (l. i. c. 20, in tom. iii. p. 41, 42,) and Rorico, (l. iv. in tom. iii. p. 14 – 19.)]

After the success of the Gothic war, Clovis accepted the honors of the Roman consulship. The emperor Anastasius ambitiously bestowed on the most powerful rival of Theodoric the title and ensigns of that eminent dignity; yet, from some unknown cause, the name of Clovis has not been inscribed in the Fasti either of the East or West. ^57 On the solemn day, the monarch of Gaul, placing a diadem on his head, was invested, in the church of St. Martin, with a purple tunic and mantle. From thence he proceeded on horseback to the cathedral of Tours; and, as he passed through the streets, profusely scattered, with his own hand, a donative of gold and silver to the joyful multitude, who incessantly repeated their acclamations of Consul and Augustus. The actual or legal authority of Clovis could not receive any new accessions from the consular dignity. It was a name, a shadow, an empty pageant; and if the conqueror had been instructed to claim the ancient prerogatives of that high office, they must have expired with the period of its annual duration. But the Romans were disposed to revere, in the person of their master, that antique title which the emperors condescended to assume: the Barbarian himself seemed to contract a sacred obligation to respect the majesty of the republic; and the successors of Theodosius, by soliciting his friendship, tacitly forgave, and almost ratified, the usurpation of Gaul.

[Footnote 57: The Fasti of Italy would naturally reject a consul, the enemy of their sovereign; but any ingenious hypothesis that might explain the silence of Constantinople and Egypt, (the Chronicle of Marcellinus, and the Paschal,) is overturned by the similar silence of Marius, bishop of Avenche, who composed his Fasti in the kingdom of Burgundy. If the evidence of Gregory of Tours were less weighty and positive, (l. ii. c. 38, in tom. ii. p. 183,) I could believe that Clovis, like Odoacer, received the lasting title and honors of Patrician, (Pagi Critica, tom. ii. p. 474, 492.)]

Twenty-five years after the death of Clovis this important concession was more formally declared, in a treaty between his sons and the emperor Justinian. The Ostrogoths of Italy, unable to defend their distant acquisitions, had resigned to the Franks the cities of Arles and Marseilles; of Arles, still adorned with the seat of a Praetorian praefect, and of Marseilles, enriched by the advantages of trade and navigation. ^58 This transaction was confirmed by the Imperial authority; and Justinian, generously yielding to the Franks the sovereignty of the countries beyond the Alps, which they already possessed, absolved the provincials from their allegiance; and established on a more lawful, though not more solid, foundation, the throne of the Merovingians. ^59 From that era they enjoyed the right of celebrating at Arles the games of the circus; and by a singular privilege, which was denied even to the Persian monarch, the gold coin, impressed with their name and image, obtained a legal currency in the empire. ^60 A Greek historian of that age has praised the private and public virtues of the Franks, with a partial enthusiasm, which cannot be sufficiently justified by their domestic annals. ^61 He celebrates their politeness and urbanity, their regular government, and orthodox religion; and boldly asserts, that these Barbarians could be distinguished only by their dress and language from the subjects of Rome. Perhaps the Franks already displayed the social disposition, and lively graces, which, in every age, have disguised their vices, and sometimes concealed their intrinsic merit. Perhaps Agathias, and the Greeks, were dazzled by the rapid progress of their arms, and the splendor of their empire. Since the conquest of Burgundy, Gaul, except the Gothic province of Septimania, was subject, in its whole extent, to the sons of Clovis. They had extinguished the German kingdom of Thuringia, and their vague dominion penetrated beyond the Rhine, into the heart of their native forests. The Alemanni, and Bavarians, who had occupied the Roman provinces of Rhaetia and Noricum, to the south of the Danube, confessed themselves the humble vassals of the Franks; and the feeble barrier of the Alps was incapable of resisting their ambition. When the last survivor of the sons of Clovis united the inheritance and conquests of the Merovingians, his kingdom extended far beyond the limits of modern France. Yet modern France, such has been the progress of arts and policy, far surpasses, in wealth, populousness, and power, the spacious but savage realms of Clotaire or Dagobert. ^62

[Footnote 58: Under the Merovingian kings, Marseilles still imported from the East paper, wine, oil, linen, silk, precious stones, spices, &c. The Gauls, or Franks, traded to Syria, and the Syrians were established in Gaul. See M. de Guignes, Mem. de l’Academie, tom. xxxvii. p. 471 – 475.] [Footnote 59: This strong declaration of Procopius (de Bell. Gothic. l. iii. cap. 33, in tom. ii. p. 41) would almost suffice to justify the Abbe Dubos.]
[Footnote 60: The Franks, who probably used the mints of Treves, Lyons, and Arles, imitated the coinage of the Roman emperors of seventy-two solidi, or pieces, to the pound of gold. But as the Franks established only a decuple proportion of gold and silver, ten shillings will be a sufficient valuation of their solidus of gold. It was the common standard of the Barbaric fines, and contained forty denarii, or silver three pences. Twelve of these denarii made a solidus, or shilling, the twentieth part of the ponderal and numeral livre, or pound of silver, which has been so strangely reduced in modern France. See La Blanc, Traite Historique des Monnoyes de France, p. 36 – 43, &c.] [Footnote 61: Agathias, in tom. ii. p. 47. Gregory of Tours exhibits a very different picture. Perhaps it would not be easy, within the same historical space, to find more vice and less virtue. We are continually shocked by the union of savage and corrupt manners.]

[Footnote 62: M. de Foncemagne has traced, in a correct and elegant dissertation, (Mem. de l’Academie, tom. viii. p. 505-528,) the extent and limits of the French monarchy.]

The Franks, or French, are the only people of Europe who can deduce a perpetual succession from the conquerors of the Western empire. But their conquest of Gaul was followed by ten centuries of anarchy and ignorance. On the revival of learning, the students, who had been formed in the schools of Athens and Rome, disdained their Barbarian ancestors; and a long period elapsed before patient labor could provide the requisite materials to satisfy, or rather to excite, the curiosity of more enlightened times. ^63 At length the eye of criticism and philosophy was directed to the antiquities of France; but even philosophers have been tainted by the contagion of prejudice and passion. The most extreme and exclusive systems, of the personal servitude of the Gauls, or of their voluntary and equal alliance with the Franks, have been rashly conceived, and obstinately defended; and the intemperate disputants have accused each other of conspiring against the prerogative of the crown, the dignity of the nobles, or the freedom of the people. Yet the sharp conflict has usefully exercised the adverse powers of learning and genius; and each antagonist, alternately vanquished and victorious has extirpated some ancient errors, and established some interesting truths. An impartial stranger, instructed by their discoveries, their disputes, and even their faults, may describe, from the same original materials, the state of the Roman provincials, after Gaul had submitted to the arms and laws of the Merovingian kings. ^64

[Footnote 63: The Abbe Dubos (Histoire Critique, tom. i. p. 29 – 36) has truly and agreeably represented the slow progress of these studies; and he observes, that Gregory of Tours was only once printed before the year 1560. According to the complaint of Heineccius, (Opera, tom. iii. Sylloge, iii. p. 248, &c.,) Germany received with indifference and contempt the codes of Barbaric laws, which were published by Heroldus, Lindenbrogius, &c. At present those laws, (as far as they relate to Gaul,) the history of Gregory of Tours, and all the monuments of the Merovingian race, appear in a pure and perfect state, in the first four volumes of the Historians of France.]

[Footnote 64: In the space of [about] thirty years (1728-1765) this interesting subject has been agitated by the free spirit of the count de Boulainvilliers, (Memoires Historiques sur l’Etat de la France, particularly tom. i. p. 15 – 49;) the learned ingenuity of the Abbe Dubos, (Histoire Critique de l’Etablissement de la Monarchie Francoise dans les Gaules, 2 vols. in 4to;) the comprehensive genius of the president de Montesquieu, (Esprit des Loix, particularly l. xxviii. xxx. xxxi.;) and the good sense and diligence of the Abbe de Mably, (Observations sur l’Histoire de France, 2 vols. 12mo.)] The rudest, or the most servile, condition of human society, is regulated, however, by some fixed and general rules. When Tacitus surveyed the primitive simplicity of the Germans, he discovered some permanent maxims, or customs, of public and private life, which were preserved by faithful tradition till the introduction of the art of writing, and of the Latin tongue. ^65 Before the election of the Merovingian kings, the most powerful tribe, or nation, of the Franks, appointed four venerable chieftains to compose the Salic laws; ^66 and their labors were examined and approved in three successive assemblies of the people. After the baptism of Clovis, he reformed several articles that appeared incompatible with Christianity: the Salic law was again amended by his sons; and at length, under the reign of Dagobert, the code was revised and promulgated in its actual form, one hundred years after the establishment of the French monarchy. Within the same period, the customs of the Ripuarians were transcribed and published; and Charlemagne himself, the legislator of his age and country, had accurately studied the two national laws, which still prevailed among the Franks. ^67 The same care was extended to their vassals; and the rude institutions of the Alemanni and Bavarians were diligently compiled and ratified by the supreme authority of the Merovingian kings. The Visigoths and Burgundians, whose conquests in Gaul preceded those of the Franks, showed less impatience to attain one of the principal benefits of civilized society. Euric was the first of the Gothic princes who expressed, in writing, the manners and customs of his people; and the composition of the Burgundian laws was a measure of policy rather than of justice; to alleviate the yoke, and regain the affections, of their Gallic subjects. ^68 Thus, by a singular coincidence, the Germans framed their artless institutions, at a time when the elaborate system of Roman jurisprudence was finally consummated. In the Salic laws, and the Pandects of Justinian, we may compare the first rudiments, and the full maturity, of civil wisdom; and whatever prejudices may be suggested in favor of Barbarism, our calmer reflections will ascribe to the Romans the superior advantages, not only of science and reason, but of humanity and justice. Yet the laws ^* of the Barbarians were adapted to their wants and desires, their occupations and their capacity; and they all contributed to preserve the peace, and promote the improvement, of the society for whose use they were originally established. The Merovingians, instead of imposing a uniform rule of conduct on their various subjects, permitted each people, and each family, of their empire, freely to enjoy their domestic institutions; ^69 nor were the Romans excluded from the common benefits of this legal toleration. ^70 The children embraced the law of their parents, the wife that of her husband, the freedman that of his patron; and in all causes where the parties were of different nations, the plaintiff or accuser was obliged to follow the tribunal of the defendant, who may always plead a judicial presumption of right, or innocence. A more ample latitude was allowed, if every citizen, in the presence of the judge, might declare the law under which he desired to live, and the national society to which he chose to belong. Such an indulgence would abolish the partial distinctions of victory: and the Roman provincials might patiently acquiesce in the hardships of their condition; since it depended on themselves to assume the privilege, if they dared to assert the character, of free and warlike Barbarians. ^71

[Footnote 65: I have derived much instruction from two learned works of Heineccius, the History, and the Elements, of the Germanic law. In a judicious preface to the Elements, he considers, and tries to excuse the defects of that barbarous jurisprudence.]

[Footnote 66: Latin appears to have been the original language of the Salic law. It was probably composed in the beginning of the fifth century, before the era (A.D. 421) of the real or fabulous Pharamond. The preface mentions the four cantons which produced the four legislators; and many provinces, Franconia, Saxony, Hanover, Brabant, &c., have claimed them as their own. See an excellent Dissertation of Heinecties de Lege Salica, tom. iii. Sylloge iii. p. 247 – 267.

Note: The relative antiquity of the two copies of the Salic law has been contested with great learning and ingenuity. The work of M. Wiarda, History and Explanation of the Salic Law, Bremen, 1808, asserts that what is called the Lex Antiqua, or Vetustior in which many German words are mingled with the Latin, has no claim to superior antiquity, and may be suspected to be more modern. M. Wiarda has been opposed by M. Fuer bach, who maintains the higher age of the “ancient” Code, which has been greatly corrupted by the transcribers. See Guizot, Cours de l’Histoire Moderne, vol. i. sect. 9: and the preface to the useful republication of five of the different texts of the Salic law, with that of the Ripuarian in parallel columns. By E. A. I. Laspeyres, Halle, 1833. – M.]

[Footnote 67: Eginhard, in Vit. Caroli Magni, c. 29, in tom. v. p. 100. By these two laws, most critics understand the Salic and the Ripuarian. The former extended from the Carbonarian forest to the Loire, (tom. iv. p. 151,) and the latter might be obeyed from the same forest to the Rhine, (tom. iv. p. 222.)]

[Footnote 68: Consult the ancient and modern prefaces of the several codes, in the fourth volume of the Historians of France. The original prologue to the Salic law expresses (though in a foreign dialect) the genuine spirit of the Franks more forcibly than the ten books of Gregory of Tours.] [Footnote 69: The Ripuarian law declares, and defines, this indulgence in favor of the plaintiff, (tit. xxxi. in tom. iv. p. 240;) and the same toleration is understood, or expressed, in all the codes, except that of the Visigoths of Spain. Tanta diversitas legum (says Agobard in the ninth century) quanta non solum in regionibus, aut civitatibus, sed etiam in multis domibus habetur. Nam plerumque contingit ut simul eant aut sedeant quinque homines, et nullus eorum communem legem cum altero habeat, (in tom. vi. p. 356.) He foolishly proposes to introduce a uniformity of law, as well as of faith.

Note: It is the object of the important work of M. Savigny, Geschichte des Romisches Rechts in Mittelalter, to show the perpetuity of the Roman law from the 5th to the 12th century. – M.]

[Footnote *: The most complete collection of these codes is in the “Barbarorum leges antiquae,” by P. Canciani, 5 vols. folio, Venice, 1781-9. – M.]
[Footnote 70: Inter Romanos negotia causarum Romanis legibus praecipimus terminari. Such are the words of a general constitution promulgated by Clotaire, the son of Clovis, the sole monarch of the Franks (in tom. iv. p. 116) about the year 560.] [Footnote 71: This liberty of choice has been aptly deduced (Esprit des Loix, l. xxviii. 2) from the constitution of Lothaire I. (Leg. Langobard. l. ii. tit. lvii. in Codex Lindenbrog. 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 Wolfenbuttle MSS. The looser interpretation (hominem) is authorized only by the MS. of Fulda, from from whence Heroldus published his edition. See the four original texts of the Salic law in tom. iv. p. 147, 173, 196, 220.
Note: Gibbon appears to have doubted the evidence on which this “liberty of choice” rested. His doubts have been confirmed by the researches of M. Savigny, who has not only confuted but traced with convincing sagacity the origin and progress of this error. As a general principle, though liable to some exceptions, each lived according to his native law. Romische Recht. vol. i. p. 123 – 138 – M.]

Note: This constitution of Lothaire at first related only to the duchy of Rome; it afterwards found its way into the Lombard code. Savigny. p. 138. – M.]

Chapter XXXVIII: Reign Of Clovis.

Part III.

When justice inexorably requires the death of a murderer, each private citizen is fortified by the assurance, that the laws, the magistrate, and the whole community, are the guardians of his personal safety. But in the loose society of the Germans, revenge was always honorable, and often meritorious: the independent warrior chastised, or vindicated, with his own hand, the injuries which he had offered or received; and he had only to dread the resentment of the sons and kinsmen of the enemy, whom he had sacrificed to his selfish or angry passions. The magistrate, conscious of his weakness, interposed, not to punish, but to reconcile; and he was satisfied if he could persuade or compel the contending parties to pay and to accept the moderate fine which had been ascertained as the price of blood. ^72 The fierce spirit of the Franks would have opposed a more rigorous sentence; the same fierceness despised these ineffectual restraints; and, when their simple manners had been corrupted by the wealth of Gaul, the public peace was continually violated by acts of hasty or deliberate guilt. In every just government the same penalty is inflicted, or at least is imposed, for the murder of a peasant or a prince. But the national inequality established by the Franks, in their criminal proceedings, was the last insult and abuse of conquest. ^73 In the calm moments of legislation, they solemnly pronounced, that the life of a Roman was of smaller value than that of a Barbarian. The Antrustion, ^74 a name expressive of the most illustrious birth or dignity among the Franks, was appreciated at the sum of six hundred pieces of gold; while the noble provincial, who was admitted to the king’s table, might be legally murdered at the expense of three hundred pieces.

Two hundred were deemed sufficient for a Frank of ordinary condition; but the meaner Romans were exposed to disgrace and danger by a trifling compensation of one hundred, or even fifty, pieces of gold. Had these laws been regulated by any principle of equity or reason, the public protection should have supplied, in just proportion, the want of personal strength. But the legislator had weighed in the scale, not of justice, but of policy, the loss of a soldier against that of a slave: the head of an insolent and rapacious Barbarian was guarded by a heavy fine; and the slightest aid was afforded to the most defenceless subjects. Time insensibly abated the pride of the conquerors and the patience of the vanquished; and the boldest citizen was taught, by experience, that he might suffer more injuries than he could inflict. As the manners of the Franks became less ferocious, their laws were rendered more severe; and the Merovingian kings attempted to imitate the impartial rigor of the Visigoths and Burgundians. ^75 Under the empire of Charlemagne, murder was universally punished with death; and the use of capital punishments has been liberally multiplied in the jurisprudence of modern Europe. ^76

[Footnote 72: In the heroic times of Greece, the guilt of murder was expiated by a pecuniary satisfaction to the family of the deceased, (Feithius Antiquitat. Homeric. l. ii. c. 8.) Heineccius, in his preface to the Elements of Germanic Law, favorably suggests, that at Rome and Athens homicide was only punished with exile. It is true: but exile was a capital punishment for a citizen of Rome or Athens.]

[Footnote 73: This proportion is fixed by the Salic (tit. xliv. in tom. iv. p. 147) and the Ripuarian (tit. vii. xi. xxxvi. in tom. iv. p. 237, 241) laws: but the latter does not distinguish any difference of Romans. Yet the orders of the clergy are placed above the Franks themselves, and the Burgundians and Alemanni between the Franks and the Romans.]

[Footnote 74: The Antrustiones, qui in truste Dominica sunt, leudi, fideles, undoubtedly represent the first order of Franks; but it is a question whether their rank was personal or hereditary. The Abbe de Mably (tom. i. p. 334 – 347) is not displeased to mortify the pride of birth (Esprit, l. xxx. c. 25) by dating the origin of the French nobility from the reign Clotaire II. (A.D. 615.)]

[Footnote 75: See the Burgundian laws, (tit. ii. in tom. iv. p. 257,) the code of the Visigoths, (l. vi. tit. v. in tom. p. 384,) and the constitution of Childebert, not of Paris, but most evidently of Austrasia, (in tom. iv. p. 112.) Their premature severity was sometimes rash, and excessive. Childebert condemned not only murderers but robbers; quomodo sine lege involavit, sine lege moriatur; and even the negligent judge was involved in the same sentence. The Visigoths abandoned an unsuccessful surgeon to the family of his deceased patient, ut quod de eo facere voluerint habeant potestatem, (l. xi. tit. i. in tom. iv. p. 435.)]

[Footnote 76: See, in the sixth volume of the works of Heineccius, the Elementa Juris Germanici, l. ii. p. 2, No. 261, 262, 280 – 283. Yet some vestiges of these pecuniary compositions for murder have been traced in Germany as late as the sixteenth century.]

The civil and military professions, which had been separated by Constantine, were again united by the Barbarians. The harsh sound of the Teutonic appellations was mollified into the Latin titles of Duke, of Count, or of Praefect; and the same officer assumed, within his district, the command of the troops, and the administration of justice. ^77 But the fierce and illiterate chieftain was seldom qualified to discharge the duties of a judge, which required all the faculties of a philosophic mind, laboriously cultivated by experience and study; and his rude ignorance was compelled to embrace some simple, and visible, methods of ascertaining the cause of justice. In every religion, the Deity has been invoked to confirm the truth, or to punish the falsehood of human testimony; but this powerful instrument was misapplied and abused by the simplicity of the German legislators. The party accused might justify his innocence, by producing before their tribunal a number of friendly witnesses, who solemnly declared their belief, or assurance, that he was not guilty. According to the weight of the charge, this legal number of compurgators was multiplied; seventy-two voices were required to absolve an incendiary or assassin: and when the chastity of a queen of France was suspected, three hundred gallant nobles swore, without hesitation, that the infant prince had been actually begotten by her deceased husband. ^78 The sin and scandal of manifest and frequent perjuries engaged the magistrates to remove these dangerous temptations; and to supply the defects of human testimony by the famous experiments of fire and water. These extraordinary trials were so capriciously contrived, that, in some cases, guilt, and innocence in others, could not be proved without the interposition of a miracle. Such miracles were really provided by fraud and credulity; the most intricate causes were determined by this easy and infallible method, and the turbulent Barbarians, who might have disdained the sentence of the magistrate, submissively acquiesced in the judgment of God. ^79

[Footnote 77: The whole subject of the Germanic judges, and their jurisdiction, is copiously treated by Heineccius, (Element. Jur. Germ. l. iii. No. 1 – 72.) I cannot find any proof that, under the Merovingian race, the scabini, or assessors, were chosen by the people.

Note: The question of the scabini is treated at considerable length by Savigny. He questions the existence of the scabini anterior to Charlemagne. Before this time the decision was by an open court of the freemen, the boni Romische Recht, vol. i. p. 195. et seq. – M.]

[Footnote 78: Gregor. Turon. l. viii. c. 9, in tom. ii. p. 316. Montesquieu observes, (Esprit des Loix. l. xxviii. c. 13,) that the Salic law did not admit these negative proofs so universally established in the Barbaric codes. Yet this obscure concubine (Fredegundis,) who became the wife of the grandson of Clovis, must have followed the Salic law.]

[Footnote 79: Muratori, in the Antiquities of Italy, has given two Dissertations (xxxvii. xxxix.) on the judgments of God. It was expected that fire would not burn the innocent; and that the pure element of water would not allow the guilty to sink into its bosom.]

But the trials by single combat gradually obtained superior credit and authority, among a warlike people, who could not believe that a brave man deserved to suffer, or that a coward deserved to live. ^80 Both in civil and criminal proceedings, the plaintiff, or accuser, the defendant, or even the witness, were exposed to mortal challenge from the antagonist who was destitute of legal proofs; and it was incumbent on them either to desert their cause, or publicly to maintain their honor, in the lists of battle. They fought either on foot, or on horseback, according to the custom of their nation; ^81 and the decision of the sword, or lance, was ratified by the sanction of Heaven, of the judge, and of the people. This sanguinary law was introduced into Gaul by the Burgundians; and their legislator Gundobald ^82 condescended to answer the complaints and objections of his subject Avitus. “Is it not true,” said the king of Burgundy to the bishop, “that the event of national wars, and private combats, is directed by the judgment of God; and that his providence awards the victory to the juster cause?” By such prevailing arguments, the absurd and cruel practice of judicial duels, which had been peculiar to some tribes of Germany, was propagated and established in all the monarchies of Europe, from Sicily to the Baltic. At the end of ten centuries, the reign of legal violence was not totally extinguished; and the ineffectual censures of saints, of popes, and of synods, may seem to prove, that the influence of superstition is weakened by its unnatural alliance with reason and humanity. The tribunals were stained with the blood, perhaps, of innocent and respectable citizens; the law, which now favors the rich, then yielded to the strong; and the old, the feeble, and the infirm, were condemned, either to renounce their fairest claims and possessions, to sustain the dangers of an unequal conflict, ^83 or to trust the doubtful aid of a mercenary champion. This oppressive jurisprudence was imposed on the provincials of Gaul, who complained of any injuries in their persons and property. Whatever might be the strength, or courage, of individuals, the victorious Barbarians excelled in the love and exercise of arms; and the vanquished Roman was unjustly summoned to repeat, in his own person, the bloody contest which had been already decided against his country. ^84 [Footnote 80: Montesquieu (Esprit des Loix, l. xxviii. c. 17) has condescended to explain and excuse “la maniere de penser de nos peres,” on the subject of judicial combats. He follows this strange institution from the age of Gundobald to that of St. Lewis; and the philosopher is some times lost in the legal antiquarian.]

[Footnote 81: In a memorable duel at Aix-la-Chapelle, (A.D. 820,) before the emperor Lewis the Pious, his biographer observes, secundum legem propriam, utpote quia uterque Gothus erat, equestri pugna est, (Vit. Lud. Pii, c. 33, in tom. vi. p. 103.) Ermoldus Nigellus, (l. iii. 543 – 628, in tom. vi. p. 48 – 50,) who describes the duel, admires the ars nova of fighting on horseback, which was unknown to the Franks.]

[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 of five hundred years, the Visigoths and Burgundians, who revenged the defeat of Ariovistus, usurped the same unequal proportion of two thirds of the subject lands. But this distribution, instead of spreading over the province, may be reasonably confined to the peculiar districts where the victorious people had been planted by their own choice, or by the policy of their leader. In these districts, each Barbarian was connected by the ties of hospitality with some Roman provincial. To this unwelcome guest, the proprietor was compelled to abandon two thirds of his patrimony, but the German, a shepherd and a hunter, might sometimes content himself with a spacious range of wood and pasture, and resign the smallest, though most valuable, portion, to the toil of the industrious husbandman. ^86 The silence of ancient and authentic testimony has encouraged an opinion, that the rapine of the Franks was not moderated, or disguised, by the forms of a legal division; that they dispersed themselves over the provinces of Gaul, without order or control; and that each victorious robber, according to his wants, his avarice, and his strength, measured with his sword the extent of his new inheritance. At a distance from their sovereign, the Barbarians might indeed be tempted to exercise such arbitrary depredation; but the firm and artful policy of Clovis must curb a licentious spirit, which would aggravate the misery of the vanquished, whilst it corrupted the union and discipline of the conquerors. ^* The memorable vase of Soissons is a monument and a pledge of the regular distribution of the Gallic spoils. It was the duty and the interest of Clovis to provide rewards for a successful army, settlements for a numerous people; without inflicting any wanton or superfluous injuries on the loyal Catholics of Gaul. The ample fund, which he might lawfully acquire, of the Imperial patrimony, vacant lands, and Gothic usurpations, would diminish the cruel necessity of seizure and confiscation, and the humble provincials would more patiently acquiesce in the equal and regular distribution of their loss. ^87

[Footnote 85: Caesar de Bell. Gall. l. i. c. 31, in tom. i. p. 213.]
[Footnote 86: The obscure hints of a division of lands occasionally scattered in the laws of the Burgundians, (tit. liv. No. 1, 2, in tom. iv. p. 271, 272,) and Visigoths, (l. x. tit. i. No. 8, 9, 16, in tom. iv. p. 428, 429, 430,) are skillfully explained by the president Montesquieu, (Esprit des Loix, l. xxx. c. 7, 8, 9.) I shall only add, that among the Goths, the division seems to have been ascertained by the judgment of the neighborhood, that the Barbarians frequently usurped the remaining third; and that the Romans might recover their right, unless they were barred by a prescription of fifty years.] [Footnote *: Sismondi (Hist des Francais, vol. i. p. 197) observes, they were not a conquering people, who had emigrated with their families, like the Goths or Burgundians. The women, the children, the old, had not followed Clovis: they remained in their ancient possessions on the Waal and the Rhine. The adventurers alone had formed the invading force, and they always considered themselves as an army, not as a colony. Hence their laws retained no traces of the partition of the Roman properties.

It is curious to observe the recoil from the national vanity of the French historians of the last century. M. Sismondi compares the position of the Franks with regard to the conquered people with that of the Dey of Algiers and his corsair troops to the peaceful inhabitants of that province: M. Thierry (Lettres sur l’Histoire de France, p. 117) with that of the Turks towards the Raias or Phanariotes, the mass of the Greeks. – M.]

[Footnote 87: It is singular enough that the president de Montesquieu (Esprit des Loix, l. xxx. c. 7) and the Abbe de Mably (Observations, tom i. p. 21, 22) agree in this strange supposition of arbitrary and private rapine. The Count de Boulainvilliers (Etat de la France, tom. i. p. 22, 23) shows a strong understanding through a cloud of ignorance and prejudice. Note: Sismondi supposes that the Barbarians, if a farm were conveniently situated, would show no great respect for the laws of property; but in general there would have been vacant land enough for the lots assigned to old or worn-out warriors, (Hist. des Francais, vol. i. p. 196.) – M.]
The wealth of the Merovingian princes consisted in their extensive domain. After the conquest of Gaul, they still delighted in the rustic simplicity of their ancestors; the cities were abandoned to solitude and decay; and their coins, their charters, and their synods, are still inscribed with the names of the villas, or rural palaces, in which they successively resided.

One hundred and sixty of these palaces, a title which need not excite any unseasonable ideas of art or luxury, were scattered through the provinces of their kingdom; and if some might claim the honors of a fortress, the far greater part could be esteemed only in the light of profitable farms. The mansion of the long-haired kings was surrounded with convenient yards and stables, for the cattle and the poultry; the garden was planted with useful vegetables; the various trades, the labors of agriculture, and even the arts of hunting and fishing, were exercised by servile hands for the emolument of the sovereign; his magazines were filled with corn and wine, either for sale or consumption; and the whole administration was conducted by the strictest maxims of private economy. ^88 This ample patrimony was appropriated to supply the hospitable plenty of Clovis and his successors; and to reward the fidelity of their brave companions who, both in peace and war, were devoted to their persona service. Instead of a horse, or a suit of armor, each companion, according to his rank, or merit, or favor, was invested with a benefice, the primitive name, and most simple form, of the feudal possessions. These gifts might be resumed at the pleasure of the sovereign; and his feeble prerogative derived some support from the influence of his liberality. ^* But this dependent tenure was gradually abolished ^89 by the independent and rapacious nobles of France, who established the perpetual property, and hereditary succession, of their benefices; a revolution salutary to the earth, which had been injured, or neglected, by its precarious masters. ^90 Besides these royal and beneficiary estates, a large proportion had been assigned, in the division of Gaul, of allodial and Salic lands: they were exempt from tribute, and the Salic lands were equally shared among the male descendants of the Franks. ^91
[Footnote 88: See the rustic edict, or rather code, of Charlemagne, which contains seventy distinct and minute regulations of that great monarch (in tom. v. p. 652 – 657.) He requires an account of the horns and skins of the goats, allows his fish to be sold, and carefully directs, that the larger villas (Capitaneoe) shall maintain one hundred hens and thirty geese; and the smaller (Mansionales) fifty hens and twelve geese.

Mabillon (de Re Diplomatica) has investigated the names, the number, and the situation of the Merovingian villas.]

[Footnote *: The resumption of benefices at the pleasure of the sovereign, (the general theory down to his time,) is ably contested by Mr. Hallam; “for this resumption some delinquency must be imputed to the vassal.” Middle Ages, vol. i. p. 162. The reader will be interested by the singular analogies with the beneficial and feudal system of Europe in a remote part of the world, indicated by Col. Tod in his splendid work on Raja’sthan, vol. ii p. 129, &c. – M.]

[Footnote 89: From a passage of the Burgundian law (tit. i. No. 4, in tom. iv. p. 257) it is evident, that a deserving son might expect to hold the lands which his father had received from the royal bounty of Gundobald. The Burgundians would firmly maintain their privilege, and their example might encourage the Beneficiaries of France.]

[Footnote 90: The revolutions of the benefices and fiefs are clearly fixed by the Abbe de Mably. His accurate distinction of times gives him a merit to which even Montesquieu is a stranger.]

[Footnote 91: See the Salic law, (tit. lxii. in tom. iv. p. 156.) The origin and nature of these Salic lands, which, in times of ignorance, were perfectly understood, now perplex our most learned and sagacious critics.
Note: No solution seems more probable, than that the ancient lawgivers of the Salic Franks prohibited females from inheriting the lands assigned to the nation, upon its conquest of Gaul, both in compliance with their ancient usages, and in order to secure the military service of every proprietor. But lands subsequently acquired by purchase or other means, though equally bound to the public defence, were relieved from the severity of this rule, and presumed not to belong to the class of Sallic. Hallam’s Middle Ages, vol. i. p. 145. Compare Sismondi, vol. i. p. 196. – M.] In the bloody discord and silent decay of the Merovingian line, a new order of tyrants arose in the provinces, who, under the appellation of Seniors, or Lords, usurped a right to govern, and a license to oppress, the subjects of their peculiar territory. Their ambition might be checked by the hostile resistance of an equal: but the laws were extinguished; and the sacrilegious Barbarians, who dared to provoke the vengeance of a saint or bishop, ^92 would seldom respect the landmarks of a profane and defenceless neighbor. The common or public rights of nature, such as they had always been deemed by the Roman jurisprudence, ^93 were severely restrained by the German conquerors, whose amusement, or rather passion, was the exercise of hunting. The vague dominion which Man has assumed over the wild inhabitants of the earth, the air, and the waters, was confined to some fortunate individuals of the human species. Gaul was again overspread with woods; and the animals, who were reserved for the use or pleasure of the lord, might ravage with impunity the fields of his industrious vassals. The chase was the sacred privilege of the nobles and their domestic servants. Plebeian transgressors were legally chastised with stripes and imprisonment; ^94 but in an age which admitted a slight composition for the life of a citizen, it was a capital crime to destroy a stag or a wild bull within the precincts of the royal forests. ^95
[Footnote 92: Many of the two hundred and six miracles of St. Martin (Greg Turon. in Maxima Bibliotheca Patrum, tom. xi. p. 896 – 932) were repeatedly performed to punish sacrilege. Audite haec omnes (exclaims the bishop of Tours) protestatem habentes, after relating, how some horses ran mad, that had been turned into a sacred meadow.]

[Footnote 93: Heinec. Element. Jur. German. l. ii. p. 1, No. 8.] [Footnote 94: Jonas, bishop of Orleans, (A.D. 821 – 826. Cave, Hist. Litteraria, p. 443,) censures the legal tyranny of the nobles. Pro feris, quas cura hominum non aluit, sed Deus in commune mortalibus ad utendum concessit, pauperes a potentioribus spoliantur, flagellantur, ergastulis detruduntur, et multa alia patiuntur. Hoc enim qui faciunt, lege mundi se facere juste posse contendant. De Institutione Laicorum, l. ii. c. 23, apud Thomassin, Discipline de l’Eglise, tom. iii. p. 1348.]

[Footnote 95: On a mere suspicion, Chundo, a chamberlain of Gontram, king of Burgundy, was stoned to death, (Greg. Turon. l. x. c. 10, in tom. ii. p. 369.) John of Salisbury (Policrat. l. i. c. 4) asserts the rights of nature, and exposes the cruel practice of the twelfth century. See Heineccius, Elem. Jur. Germ. l. ii. p. 1, No. 51 – 57.]

According to the maxims of ancient war, the conqueror became the lawful master of the enemy whom he had subdued and spared: ^96 and the fruitful cause of personal slavery, which had been almost suppressed by the peaceful sovereignty of Rome, was again revived and multiplied by the perpetual hostilities of the independent Barbarians. The Goth, the Burgundian, or the Frank, who returned from a successful expedition, dragged after him a long train of sheep, of oxen, and of human captives, whom he treated with the same brutal contempt. The youths of an elegant form and an ingenuous aspect were set apart for the domestic service; a doubtful situation, which alternately exposed them to the favorable or cruel impulse of passion. The useful mechanics and servants (smiths, carpenters, tailors, shoemakers, cooks, gardeners, dyers, and workmen in gold and silver, &c.) employed their skill for the use, or profit, of their master. But the Roman captives, who were destitute of art, but capable of labor, were condemned, without regard to their former rank, to tend the cattle and cultivate the lands of the Barbarians. The number of the hereditary bondsmen, who were attached to the Gallic estates, was continually increased by new supplies; and the servile people, according to the situation and temper of their lords, was sometimes raised by precarious indulgence, and more frequently depressed by capricious despotism. ^97 An absolute power of life and death was exercised by these lords; and when they married their daughters, a train of useful servants, chained on the wagons to prevent their escape, was sent as a nuptial present into a distant country. ^98 The majesty of the Roman laws protected the liberty of each citizen, against the rash effects of his own distress or despair. But the subjects of the Merovingian kings might alienate their personal freedom; and this act of legal suicide, which was familiarly practised, is expressed in terms most disgraceful and afflicting to the dignity of human nature. ^99 The example of the poor, who purchased life by the sacrifice of all that can render life desirable, was gradually imitated by the feeble and the devout, who, in times of public disorder, pusillanimously crowded to shelter themselves under the battlements of a powerful chief, and around the shrine of a popular saint. Their submission was accepted by these temporal or spiritual patrons; and the hasty transaction irrecoverably fixed their own condition, and that of their latest posterity. From the reign of Clovis, during five successive centuries, the laws and manners of Gaul uniformly tended to promote the increase, and to confirm the duration, of personal servitude. Time and violence almost obliterated the intermediate ranks of society; and left an obscure and narrow interval between the noble and the slave. This arbitrary and recent division has been transformed by pride and prejudice into a national distinction, universally established by the arms and the laws of the Merovingians. The nobles, who claimed their genuine or fabulous descent from the independent and victorious Franks, have asserted and abused the indefeasible right of conquest over a prostrate crowd of slaves and plebeians, to whom they imputed the imaginary disgrace of Gallic or Roman extraction.

[Footnote 96: The custom of enslaving prisoners of war was totally extinguished in the thirteenth century, by the prevailing influence of Christianity; but it might be proved, from frequent passages of Gregory of Tours, &c., that it was practised, without censure, under the Merovingian race; and even Grotius himself, (de Jure Belli et Pacis l. iii. c. 7,) as well as his commentator Barbeyrac, have labored to reconcile it with the laws of nature and reason.]

[Footnote 97: The state, professions, &c., of the German, Italian, and Gallic slaves, during the middle ages, are explained by Heineccius, (Element Jur. Germ. l. i. No. 28 – 47,) Muratori, (Dissertat. xiv. xv.,) Ducange, (Gloss. sub voce Servi,) and the Abbe de Mably, (Observations, tom. ii. p. 3, &c., p. 237, &c.) Note: Compare Hallam, vol. i. p. 216. – M.]

[Footnote 98: Gregory of Tours (l. vi. c. 45, in tom. ii. p. 289) relates a memorable example, in which Chilperic only abused the private rights of a master. Many families which belonged to his domus fiscales in the neighborhood of Paris, were forcibly sent away into Spain.]
[Footnote 99: Licentiam habeatis mihi qualemcunque volueritis disciplinam ponere; vel venumdare, aut quod vobis placuerit de me facere Marculf. Formul. l. ii. 28, in tom. iv. p. 497. The Formula of Lindenbrogius, (p. 559,) and that of Anjou, (p. 565,) are to the same effect Gregory of Tours (l. vii. c. 45, in tom. ii. p. 311) speak of many person who sold themselves for bread, in a great famine.]

The general state and revolutions of France, a name which was imposed by the conquerors, may be illustrated by the particular example of a province, a diocese, or a senatorial family. Auvergne had formerly maintained a just preeminence among the independent states and cities of Gaul. The brave and numerous inhabitants displayed a singular trophy; the sword of Caesar himself, which he had lost when he was repulsed before the walls of Gergovia. ^100 As the common offspring of Troy, they claimed a fraternal alliance with the Romans; ^101 and if each province had imitated the courage and loyalty of Auvergne, the fall of the Western empire might have been prevented or delayed. They firmly maintained the fidelity which they had reluctantly sworn to the Visigoths, out when their bravest nobles had fallen in the battle of Poitiers, they accepted, without resistance, a victorious and Catholic sovereign. This easy and valuable conquest was achieved and possessed by Theodoric, the eldest son of Clovis: but the remote province was separated from his Austrasian dominions, by the intermediate kingdoms of Soissons, Paris, and Orleans, which formed, after their father’s death, the inheritance of his three brothers. The king of Paris, Childebert, was tempted by the neighborhood and beauty of Auvergne. ^102 The Upper country, which rises towards the south into the mountains of the Cevennes, presented a rich and various prospect of woods and pastures; the sides of the hills were clothed with vines; and each eminence was crowned with a villa or castle. In the Lower Auvergne, the River Allier flows through the fair and spacious plain of Limagne; and the inexhaustible fertility of the soil supplied, and still supplies, without any interval of repose, the constant repetition of the same harvests. ^103 On the false report, that their lawful sovereign had been slain in Germany, the city and diocese of Auvergne were betrayed by the grandson of Sidonius Apollinaris. Childebert enjoyed this clandestine victory; and the free subjects of Theodoric threatened to desert his standard, if he indulged his private resentment, while the nation was engaged in the Burgundian war. But the Franks of Austrasia soon yielded to the persuasive eloquence of their king. “Follow me,” said Theodoric, “into Auvergne; I will lead you into a province, where you may acquire gold, silver, slaves, cattle, and precious apparel, to the full extent of your wishes. I repeat my promise; I give you the people and their wealth as your prey; and you may transport them at pleasure into your own country.” By the execution of this promise, Theodoric justly forfeited the allegiance of a people whom he devoted to destruction. His troops, reenforced by the fiercest Barbarians of Germany, ^104 spread desolation over the fruitful face of Auvergne; and two places only, a strong castle and a holy shrine, were saved or redeemed from their licentious fury. The castle of Meroliac ^105 was seated on a lofty rock, which rose a hundred feet above the surface of the plain; and a large reservoir of fresh water was enclosed, with some arable lands, within the circle of its fortifications. The Franks beheld with envy and despair this impregnable fortress; but they surprised a party of fifty stragglers; and, as they were oppressed by the number of their captives, they fixed, at a trifling ransom, the alternative of life or death for these wretched victims, whom the cruel Baroarians were prepared to massacre on the refusal of the garrison. Another detachment penetrated as far as Brivas, or Brioude, where the inhabitants, with their valuable effects, had taken refuge in the sanctuary of St. Julian. The doors of the church resisted the assault; but a daring soldier entered through a window of the choir, and opened a passage to his companions. The clergy and people, the sacred and the profane spoils, were rudely torn from the altar; and the sacrilegious division was made at a small distance from the town of Brioude. But this act of impiety was severely chastised by the devout son of Clovis. He punished with death the most atrocious offenders; left their secret accomplices to the vengeance of St. Julian; released the captives; restored the plunder; and extended the rights of sanctuary five miles round the sepulchre of the holy martyr. ^106

[Footnote 100: When Caesar saw it, he laughed, (Plutarch. in Caesar. in tom. i. p. 409:) yet he relates his unsuccessful siege of Gergovia with less frankness than we might expect from a great man to whom victory was familiar. He acknowledges, however, that in one attack he lost forty-six centurions and seven hundred men, (de Bell. Gallico, l. vi. c. 44 – 53, in tom. i. p. 270 – 272.)] [Footnote 101: Audebant se quondam fatres Latio dicere, et sanguine ab Iliaco populos computare, (Sidon. Apollinar. l. vii. epist. 7, in tom i. p. 799.) I am not informed of the degrees and circumstances of this fabulous pedigree.] [Footnote 102: Either the first, or second, partition among the sons of Clovis, had given Berry to Childebert, (Greg. Turon. l. iii. c. 12, in tom. ii. p. 192.) Velim (said he) Arvernam Lemanem, quae tanta jocunditatis gratia refulgere dicitur, oculis cernere, (l. iii. c. p. 191.) The face of the country was concealed by a thick fog, when the king of Paris made his entry into Clermen.]

[Footnote 103: For the description of Auvergne, see Sidonius, (l. iv. epist. 21, in tom. i. p. 703,) with the notes of Savaron and Sirmond, (p. 279, and 51, of their respective editions.) Boulainvilliers, (Etat de la France, tom. ii. p. 242 – 268,) and the Abbe de la Longuerue, (Description de la France, part i. p. 132 – 139.)]

[Footnote 104; Furorem gentium, quae de ulteriore Rheni amnis parte venerant, superare non poterat, (Greg. Turon. l. iv. c. 50, in tom. ii. 229.) was the excuse of another king of Austrasia (A.D. 574) for the ravages which his troops committed in the neighborhood of Paris.]

[Footnote 105: From the name and situation, the Benedictine editors of Gregory of Tours (in tom. ii. p. 192) have fixed this fortress at a place named Castel Merliac, two miles from Mauriac, in the Upper Auvergne. In this description, I translate infra as if I read intra; the two are perpetually confounded by Gregory, or his transcribed and the sense must always decide.] [Footnote 106: See these revolutions, and wars, of Auvergne, in Gregory of Tours, (l. ii. c. 37, in tom. ii. p. 183, and l. iii. c. 9, 12, 13, p. 191, 192, de Miraculis St. Julian. c. 13, in tom. ii. p. 466.) He frequently betrays his extraordinary attention to his native country.]

Chapter XXXVIII: Reign Of Clovis.

Part IV.

Before the Austrasian army retreated from Auvergne, Theodoric exacted some pledges of the future loyalty of a people, whose just hatred could be restrained only by their fear. A select band of noble youths, the sons of the principal senators, was delivered to the conqueror, as the hostages of the faith of Childebert, and of their countrymen. On the first rumor of war, or conspiracy, these guiltless youths were reduced to a state of servitude; and one of them, Attalus, ^107 whose adventures are more particularly related, kept his master’s horses in the diocese of Treves. After a painful search, he was discovered, in this unworthy occupation, by the emissaries of his grandfather, Gregory bishop of Langres; but his offers of ransom were sternly rejected by the avarice of the Barbarian, who required an exorbitant sum of ten pounds of gold for the freedom of his noble captive. His deliverance was effected by the hardy stratagem of Leo, an item belonging to the kitchens of the bishop of Langres. ^108 An unknown agent easily introduced him into the same family. The Barbarian purchased Leo for the price of twelve pieces of gold; and was pleased to learn that he was deeply skilled in the luxury of an episcopal table: “Next Sunday,” said the Frank, “I shall invite my neighbors and kinsmen. Exert thy art, and force them to confess, that they have never seen, or tasted, such an entertainment, even in the king’s house.” Leo assured him, that if he would provide a sufficient quantity of poultry, his wishes should be satisfied. The master who already aspired to the merit of elegant hospitality, assumed, as his own, the praise which the voracious guests unanimously bestowed on his cook; and the dexterous Leo insensibly acquired the trust and management of his household. After the patient expectation of a whole year, he cautiously whispered his design to Attalus, and exhorted him to prepare for flight in the ensuing night. At the hour of midnight, the intemperate guests retired from the table; and the Frank’s son-in-law, whom Leo attended to his apartment with a nocturnal potation, condescended to jest on the facility with which he might betray his trust. The intrepid slave, after sustaining this dangerous raillery, entered his master’s bedchamber; removed his spear and shield; silently drew the fleetest horses from the stable; unbarred the ponderous gates; and excited Attalus to save his life and liberty by incessant diligence. Their apprehensions urged them to leave their horses on the banks of the Meuse; ^109 they swam the river, wandered three days in the adjacent forest, and subsisted only by the accidental discovery of a wild plum-tree. As they lay concealed in a dark thicket, they heard the noise of horses; they were terrified by the angry countenance of their master, and they anxiously listened to his declaration, that, if he could seize the guilty fugitives, one of them he would cut in pieces with his sword, and would expose the other on a gibbet. A length, Attalus and his faithful Leo reached the friendly habitation of a presbyter of Rheims, who recruited their fainting strength with bread and wine, concealed them from the search of their enemy, and safely conducted them beyond the limits of the Austrasian kingdom, to the episcopal palace of Langres. Gregory embraced his grandson with tears of joy, gratefully delivered Leo, with his whole family, from the yoke of servitude, and bestowed on him the property of a farm, where he might end his days in happiness and freedom. Perhaps this singular adventure, which is marked with so many circumstances of truth and nature, was related by Attalus himself, to his cousin or nephew, the first historian of the Franks. Gregory of Tours ^110 was born about sixty years after the death of Sidonius Apollinaris; and their situation was almost similar, since each of them was a native of Auvergne, a senator, and a bishop. The difference of their style and sentiments may, therefore, express the decay of Gaul; and clearly ascertain how much, in so short a space, the human mind had lost of its energy and refinement. ^111

[Footnote 107: The story of Attalus is related by Gregory of Tours, (l. iii. c. 16, tom. ii. p. 193 – 195.) His editor, the P. Ruinart, confounds this Attalus, who was a youth (puer) in the year 532, with a friend of Silonius of the same name, who was count of Autun, fifty or sixty years before. Such an error, which cannot be imputed to ignorance, is excused, in some degree, by its own magnitude.]

[Footnote 108: This Gregory, the great grandfather of Gregory of Tours, (in tom. ii. p. 197, 490,) lived ninety-two years; of which he passed forty as count of Autun, and thirty-two as bishop of Langres. According to the poet Fortunatus, he displayed equal merit in these different stations.
Nobilis antiqua decurrens prole parentum, Nobilior gestis, nunc super astra manet. Arbiter ante ferox, dein pius ipse sacerdos, Quos domuit judex, fovit amore patris.]

[Footnote 109: As M. de Valois, and the P. Ruinart, are determined to change the Mosella of the text into Mosa, it becomes me to acquiesce in the alteration. Yet, after some examination of the topography. I could defend the common reading.]

[Footnote 110: The parents of Gregory (Gregorius Florentius Georgius) were of noble extraction, (natalibus … illustres,) and they possessed large estates (latifundia) both in Auvergne and Burgundy. He was born in the year 539, was consecrated bishop of Tours in 573, and died in 593 or 595, soon after he had terminated his history. See his life by Odo, abbot of Clugny, (in tom. ii. p. 129 – 135,) and a new Life in the Memoires de l’Academie, &c., tom. xxvi. p. 598 – 637.]

[Footnote 111: Decedente atque immo potius pereunte ab urbibus Gallicanis liberalium cultura literarum, &c., (in praefat. in tom. ii. p. 137,) is the complaint of Gregory himself, which he fully verifies by his own work. His style is equally devoid of elegance and simplicity. In a conspicuous station, he still remained a stranger to his own age and country; and in a prolific work (the five last books contain ten years) he has omitted almost every thing that posterity desires to learn. I have tediously acquired, by a painful perusal, the right of pronouncing this unfavorable sentence]
We are now qualified to despise the opposite, and, perhaps, artful, misrepresentations, which have softened, or exaggerated, the oppression of the Romans of Gaul under the reign of the Merovingians. The conquerors never promulgated any universal edict of servitude, or confiscation; but a degenerate people, who excused their weakness by the specious names of politeness and peace, was exposed to the arms and laws of the ferocious Barbarians, who contemptuously insulted their possessions, their freedom, and their safety. Their personal injuries were partial and irregular; but the great body of the Romans survived the revolution, and still preserved the property, and privileges, of citizens. A large portion of their lands was exacted for the use of the Franks: but they enjoyed the remainder, exempt from tribute; ^112 and the same irresistible violence which swept away the arts and manufactures of Gaul, destroyed the elaborate and expensive system of Imperial despotism. The Provincials must frequently deplore the savage jurisprudence of the Salic or Ripuarian laws; but their private life, in the important concerns of marriage, testaments, or inheritance, was still regulated by the Theodosian Code; and a discontented Roman might freely aspire, or descend, to the title and character of a Barbarian. The honors of the state were accessible to his ambition: the education and temper of the Romans more peculiarly qualified them for the offices of civil government; and, as soon as emulation had rekindled their military ardor, they were permitted to march in the ranks, or even at the head, of the victorious Germans. I shall not attempt to enumerate the generals and magistrates, whose names ^113 attest the liberal policy of the Merovingians. The supreme command of Burgundy, with the title of Patrician, was successively intrusted to three Romans; and the last, and most powerful, Mummolus, ^114 who alternately saved and disturbed the monarchy, had supplanted his father in the station of count of Autun, and left a treasury of thirty talents of gold, and two hundred and fifty talents of silver. The fierce and illiterate Barbarians were excluded, during several generations, from the dignities, and even from the orders, of the church. ^115 The clergy of Gaul consisted almost entirely of native provincials; the haughty Franks fell at the feet of their subjects, who were dignified with the episcopal character: and the power and riches which had been lost in war, were insensibly recovered by superstition. ^116 In all temporal affairs, the Theodosian Code was the universal law of the clergy; but the Barbaric jurisprudence had liberally provided for their personal safety; a sub-deacon was equivalent to two Franks; the antrustion, and priest, were held in similar estimation: and the life of a bishop was appreciated far above the common standard, at the price of nine hundred pieces of gold. ^117 The Romans communicated to their conquerors the use of the Christian religion and Latin language; ^118 but their language and their religion had alike degenerated from the simple purity of the Augustan, and Apostolic age. The progress of superstition and Barbarism was rapid and universal: the worship of the saints concealed from vulgar eyes the God of the Christians; and the rustic dialect of peasants and soldiers was corrupted by a Teutonic idiom and pronunciation. Yet such intercourse of sacred and social communion eradicated the distinctions of birth and victory; and the nations of Gaul were gradually confounded under the name and government of the Franks.

[Footnote 112: The Abbe de Mably (tom. p. i. 247 – 267) has diligently confirmed this opinion of the President de Montesquieu, (Esprit des Loix, l. xxx. c. 13.)]

[Footnote 113: See Dubos, Hist. Critique de la Monarchie Francoise, tom. ii. l. vi. c. 9, 10. The French antiquarians establish as a principle, that the Romans and Barbarians may be distinguished by their names. Their names undoubtedly form a reasonable presumption; yet in reading Gregory of Tours, I have observed Gondulphus, of Senatorian, or Roman, extraction, (l. vi. c. 11, in tom. ii. p. 273,) and Claudius, a Barbarian, (l. vii. c. 29, p. 303.)]
[Footnote 114: Eunius Mummolus is repeatedly mentioned by Gregory of Tours, from the fourth (c. 42, p. 224) to the seventh (c. 40, p. 310) book. The computation by talents is singular enough; but if Gregory attached any meaning to that obsolete word, the treasures of Mummolus must have exceeded 100,000l. sterling.] [Footnote 115: See Fleury, Discours iii. sur l’Histoire Ecclesiastique.]
[Footnote 116: The bishop of Tours himself has recorded the complaint of Chilperic, the grandson of Clovis. Ecce pauper remansit Fiscus noster; ecce divitiae nostrae ad ecclesias sunt translatae; nulli penitus nisi soli Episcopi regnant, (l. vi. c. 46, in tom. ii. p. 291.)]

[Footnote 117: See the Ripuarian Code, (tit. xxxvi in tom. iv. p. 241.) The Salic law does not provide for the safety of the clergy; and we might suppose, on the behalf of the more civilized tribe, that they had not foreseen such an impious act as the murder of a priest. Yet Praetextatus, archbishop of Rouen, was assassinated by the order of Queen Fredegundis before the altar, (Greg. Turon. l. viii. c. 31, in tom. ii. p. 326.)]

[Footnote 118: M. Bonamy (Mem. de l’Academie des Inscriptions, tom. xxiv. p. 582 – 670) has ascertained the Lingua Romana Rustica, which, through the medium of the Romance, has gradually been polished into the actual form of the French language. Under the Carlovingian race, the kings and nobles of France still understood the dialect of their German ancestors.]

The Franks, after they mingled with their Gallic subjects, might have imparted the most valuable of human gifts, a spirit and system of constitutional liberty. Under a king, hereditary, but limited, the chiefs and counsellors might have debated at Paris, in the palace of the Caesars: the adjacent field, where the emperors reviewed their mercenary legions. would have admitted the legislative assembly of freemen and warriors; and the rude model, which had been sketched in the woods of Germany, ^119 might have been polished and improved by the civil wisdom of the Romans. But the careless Barbarians, secure of their personal independence, disdained the labor of government: the annual assemblies of the month of March were silently abolished; and the nation was separated, and almost dissolved, by the conquest of Gaul. ^120 The monarchy was left without any regular establishment of justice, of arms, or of revenue. The successors of Clovis wanted resolution to assume, or strength to exercise, the legislative and executive powers, which the people had abdicated: the royal prerogative was distinguished only by a more ample privilege of rapine and murder; and the love of freedom, so often invigorated and disgraced by private ambition, was reduced, among the licentious Franks, to the contempt of order, and the desire of impunity. Seventy-five years after the death of Clovis, his grandson, Gontran, king of Burgundy, sent an army to invade the Gothic possessions of Septimania, or Languedoc. The troops of Burgundy, Berry, Auvergne, and the adjacent territories, were excited by the hopes of spoil. They marched, without discipline, under the banners of German, or Gallic, counts: their attack was feeble and unsuccessful; but the friendly and hostile provinces were desolated with indiscriminate rage. The cornfields, the villages, the churches themselves, were consumed by fire: the inhabitants were massacred, or dragged into captivity; and, in the disorderly retreat, five thousand of these inhuman savages were destroyed by hunger or intestine discord. When the pious Gontran reproached the guilt or neglect of their leaders, and threatened to inflict, not a legal sentence, but instant and arbitrary execution, they accused the universal and incurable corruption of the people. “No one,” they said, “any longer fears or respects his king, his duke, or his count. Each man loves to do evil, and freely indulges his criminal inclinations. The most gentle correction provokes an immediate tumult, and the rash magistrate, who presumes to censure or restrain his seditious subjects, seldom escapes alive from their revenge.” ^121 It has been reserved for the same nation to expose, by their intemperate vices, the most odious abuse of freedom; and to supply its loss by the spirit of honor and humanity, which now alleviates and dignifies their obedience to an absolute sovereign. ^*

[Footnote 119: Ce beau systeme a ete trouve dans les bois. Montesquieu, Esprit des Loix, l. xi. c. 6.]

[Footnote 120: See the Abbe de Mably. Observations, &c., tom. i. p. 34 – 56. It should seem that the institution of national assemblies, which are with the French nation, has never been congenial to its temper.]

[Footnote 121: Gregory of Tours (l. viii. c. 30, in tom. ii. p. 325, 326) relates, with much indifference, the crimes, the reproof, and the apology. Nullus Regem metuit, nullus Ducem, nullus Comitem reveretur; et si fortassis alicui ista displicent, et ea, pro longaevitate vitae vestrae, emendare conatur, statim seditio in populo, statim tumultus exoritur, et in tantum unusquisque contra seniorem saeva intentione grassatur, ut vix se credat evadere, si tandem silere nequiverit.]

[Footnote *: This remarkable passage was published in 1779 – M.]

The Visigoths had resigned to Clovis the greatest part of their Gallic possessions; but their loss was amply compensated by the easy conquest, and secure enjoyment, of the provinces of Spain. From the monarchy of the Goths, which soon involved the Suevic kingdom of Gallicia, the modern Spaniards still derive some national vanity; but the historian of the Roman empire is neither invited, nor compelled, to pursue the obscure and barren series of their annals. ^122 The Goths of Spain were separated from the rest of mankind by the lofty ridge of the Pyrenaean mountains: their manners and institutions, as far as they were common to the Germanic tribes, have been already explained. I have anticipated, in the preceding chapter, the most important of their ecclesiastical events, the fall of Arianism, and the persecution of the Jews; and it only remains to observe some interesting circumstances which relate to the civil and ecclesiastical constitution of the Spanish kingdom. [Footnote 122: Spain, in these dark ages, has been peculiarly unfortunate. The Franks had a Gregory of Tours; the Saxons, or Angles, a Bede; the Lombards, a Paul Warnefrid, &c. But the history of the Visigoths is contained in the short and imperfect Chronicles of Isidore of Seville and John of Biclar] After their conversion from idolatry or heresy, the Frank and the Visigoths were disposed to embrace, with equal submission, the inherent evils and the accidental benefits, of superstition. But the prelates of France, long before the extinction of the Merovingian race, had degenerated into fighting and hunting Barbarians. They disdained the use of synods; forgot the laws of temperance and chastity; and preferred the indulgence of private ambition and luxury to the general interest of the sacerdotal profession. ^123 The bishops of Spain respected themselves, and were respected by the public: their indissoluble union disguised their vices, and confirmed their authority; and the regular discipline of the church introduced peace, order, and stability, into the government of the state. From the reign of Recared, the first Catholic king, to that of Witiza, the immediate predecessor of the unfortunate Roderic, sixteen national councils were successively convened. The six metropolitans, Toledo, Seville, Merida, Braga, Tarragona, and Narbonne, presided according to their respective seniority; the assembly was composed of their suffragan bishops, who appeared in person, or by their proxies; and a place was assigned to the most holy, or opulent, of the Spanish abbots. During the first three days of the convocation, as long as they agitated the ecclesiastical question of doctrine and discipline, the profane laity was excluded from their debates; which were conducted, however, with decent solemnity. But, on the morning of the fourth day, the doors were thrown open for the entrance of the great officers of the palace, the dukes and counts of the provinces, the judges of the cities, and the Gothic nobles, and the decrees of Heaven were ratified by the consent of the people.

The same rules were observed in the provincial assemblies, the annual synods, which were empowered to hear complaints, and to redress grievances; and a legal government was supported by the prevailing influence of the Spanish clergy. The bishops, who, in each revolution, were prepared to flatter the victorious, and to insult the prostrate labored, with diligence and success, to kindle the flames of persecution, and to exalt the mitre above the crown. Yet the national councils of Toledo, in which the free spirit of the Barbarians was tempered and guided by episcopal policy, have established some prudent laws for the common benefit of the king and people. The vacancy of the throne was supplied by the choice of the bishops and palatines; and after the failure of the line of Alaric, the regal dignity was still limited to the pure and noble blood of the Goths. The clergy, who anointed their lawful prince, always recommended, and sometimes practised, the duty of allegiance; and the spiritual censures were denounced on the heads of the impious subjects, who should resist his authority, conspire against his life, or violate, by an indecent union, the chastity even of his widow. But the monarch himself, when he ascended the throne, was bound by a reciprocal oath to God and his people, that he would faithfully execute this important trust. The real or imaginary faults of his administration were subject to the control of a powerful aristocracy; and the bishops and palatines were guarded by a fundamental privilege, that they should not be degraded, imprisoned, tortured, nor punished with death, exile, or confiscation, unless by the free and public judgment of their peers. ^124

[Footnote 123: Such are the complaints of St. Boniface, the apostle of Germany, and the reformer of Gaul, (in tom. iv. p. 94.) The fourscore years, which he deplores, of license and corruption, would seem to insinuate that the Barbarians were admitted into the clergy about the year 660.] [Footnote 124: The acts of the councils of Toledo are still the most authentic records of the church and constitution of Spain. The following passages are particularly important, (iii. 17, 18; iv. 75; v. 2, 3, 4, 5, 8; vi. 11, 12, 13, 14, 17, 18; vii. 1; xiii. 2 3 6.) I have found Mascou (Hist. of the Ancient Germans, xv. 29, and Annotations, xxvi. and xxxiii.) and Ferreras (Hist. Generale de l’Espagne, tom. ii.) very useful and accurate guides.]
One of these legislative councils of Toledo examined and ratified the code of laws which had been compiled by a succession of Gothic kings, from the fierce Euric, to the devout Egica. As long as the Visigoths themselves were satisfied with the rude customs of their ancestors, they indulged their subjects of Aquitain and Spain in the enjoyment of the Roman law. Their gradual improvement in arts, in policy, and at length in religion, encouraged them to imitate, and to supersede, these foreign institutions; and to compose a code of civil and criminal jurisprudence, for the use of a great and united people. The same obligations, and the same privileges, were communicated to the nations of the Spanish monarchy; and the conquerors, insensibly renouncing the Teutonic idiom, submitted to the restraints of equity, and exalted the Romans to the participation of freedom. The merit of this impartial policy was enhanced by the situation of Spain under the reign of the Visigoths. The provincials were long separated from their Arian masters by the irreconcilable difference of religion. After the conversion of Recared had removed the prejudices of the Catholics, the coasts, both of the Ocean and Mediterranean, were still possessed by the Eastern emperors; who secretly excited a discontented people to reject the yoke of the Barbarians, and to assert the name and dignity of Roman citizens. The allegiance of doubtful subjects is indeed most effectually secured by their own persuasion, that they hazard more in a revolt, than they can hope to obtain by a revolution; but it has appeared so natural to oppress those whom we hate and fear, that the contrary system well deserves the praise of wisdom and moderation. ^125

[Footnote 125: The Code of the Visigoths, regularly divided into twelve books, has been correctly published by Dom Bouquet, (in tom. iv. p. 273 – 460.) It has been treated by the President de Montesquieu (Esprit des Loix, l. xxviii. c. 1) with excessive severity. I dislike the style; I detest the superstition; but I shall presume to think, that the civil jurisprudence displays a more civilized and enlightened state of society, than that of the Burgundians, or even of the Lombards.]

While the kingdom of the Franks and Visigoths were established in Gaul and Spain, the Saxons achieved the conquest of Britain, the third great diocese of the Praefecture of the West. Since Britain was already separated from the Roman empire, I might, without reproach, decline a story familiar to the most illiterate, and obscure to the most learned, of my readers. The Saxons, who excelled in the use of the oar, or the battle- axe, were ignorant of the art which could alone perpetuate the fame of their exploits; the Provincials, relapsing into barbarism, neglected to describe the ruin of their country; and the doubtful tradition was almost extinguished, before the missionaries of Rome restored the light of science and Christianity. The declamations of Gildas, the fragments, or fables, of Nennius, the obscure hints of the Saxon laws and chronicles, and the ecclesiastical tales of the venerable Bede, ^126 have been illustrated by the diligence, and sometimes embellished by the fancy, of succeeding writers, whose works I am not ambitious either to censure or to transcribe. ^127 Yet the historian of the empire may be tempted to pursue the revolutions of a Roman province, till it vanishes from his sight; and an Englishman may curiously trace the establishment of the Barbarians, from whom he derives his name, his laws, and perhaps his origin.

[Footnote 126: See Gildas de Excidio Britanniae, c. 11 – 25, p. 4 – 9, edit. Gale. Nennius, Hist. Britonum, c. 28, 35 – 65, p. 105 – 115, edit. Gale. Bede, Hist. Ecclesiast. Gentis Angloruml. i. c. 12 – 16, p. 49 – 53. c. 22, p. 58, edit. Smith. Chron. Saxonicum, p. 11 – 23, &c., edit. Gibson. The Anglo-Saxon laws were published by Wilkins, London, 1731, in folio; and the Leges Wallicae, by Wotton and Clarke, London, 1730, in folio.] [Footnote 127: The laborious Mr. Carte, and the ingenious Mr. Whitaker, are the two modern writers to whom I am principally indebted. The particular historian of Manchester embraces, under that obscure title, a subject almost as extensive as the general history of England.

Note: Add the Anglo-Saxon History of Mr. S. Turner; and Sir F. Palgrave Sketch of the “Early History of England.” – M.] About forty years after the dissolution of the Roman government, Vortigern appears to have obtained the supreme, though precarious command of the princes and cities of Britain. That unfortunate monarch has been almost unanimously condemned for the weak and mischievous policy of inviting ^128 a formidable stranger, to repel the vexatious inroads of a domestic foe. His ambassadors are despatched, by the gravest historians, to the coast of Germany: they address a pathetic oration to the general assembly of the Saxons, and those warlike Barbarians resolve to assist with a fleet and army the suppliants of a distant and unknown island. If Britain had indeed been unknown to the Saxons, the measure of its calamities would have been less complete. But the strength of the Roman government could not always guard the maritime province against the pirates of Germany; the independent and divided states were exposed to their attacks; and the Saxons might sometimes join the Scots and the Picts, in a tacit, or express, confederacy of rapine and destruction. Vortigern could only balance the various perils, which assaulted on every side his throne and his people; and his policy may deserve either praise or excuse, if he preferred the alliance of those Barbarians, whose naval power rendered them the most dangerous enemies and the most serviceable allies. Hengist and Horsa, as they ranged along the Eastern coast with three ships, were engaged, by the promise of an ample stipend, to embrace the defence of Britain; and their intrepid valor soon delivered the country from the Caledonian invaders. The Isle of Thanet, a secure and fertile district, was allotted for the residence of these German auxiliaries, and they were supplied, according to the treaty, with a plentiful allowance of clothing and provisions. This favorable reception encouraged five thousand warriors to embark with their families in seventeen vessels, and the infant power of Hengist was fortified by this strong and seasonable reenforcement. The crafty Barbarian suggested to Vortigern the obvious advantage of fixing, in the neighborhood of the Picts, a colony of faithful allies: a third fleet of forty ships, under the command of his son and nephew, sailed from Germany, ravaged the Orkneys, and disembarked a new army on the coast of Northumberland, or Lothian, at the opposite extremity of the devoted land. It was easy to foresee, but it was impossible to prevent, the impending evils. The two nations were soon divided and exasperated by mutual jealousies. The Saxons magnified all that they had done and suffered in the cause of an ungrateful people; while the Britons regretted the liberal rewards which could not satisfy the avarice of those haughty mercenaries. The causes of fear and hatred were inflamed into an irreconcilable quarrel. The Saxons flew to arms; and if they perpetrated a treacherous massacre during the security of a feast, they destroyed the reciprocal confidence which sustains the intercourse of peace and war. ^129

[Footnote 128: This invitation, which may derive some countenance from the loose expressions of Gildas and Bede, is framed into a regular story by Witikind, a Saxon monk of the tenth century, (see Cousin, Hist. de l’Empire d’Occident, tom. ii. p. 356.) Rapin, and even Hume, have too freely used this suspicious evidence, without regarding the precise and probable testimony of Tennius: Iterea venerunt tres Chinlae a exilio pulsoe, in quibus erant Hors et Hengist.]

[Footnote 129: Nennius imputes to the Saxons the murder of three hundred British chiefs; a crime not unsuitable to their savage manners. But we are not obliged to believe (see Jeffrey of Monmouth, l. viii. c. 9 – 12) that Stonehenge is their monument, which the giants had formerly transported from Africa to Ireland, and which was removed to Britain by the order of Ambrosius, and the art of Merlin.

Note: Sir f. Palgrave (Hist. of England, p. 36) is inclined to resolve the whole of these stories, as Niebuhr the older Roman history, into poetry. To the editor they appeared, in early youth, so essentially poetic, as to justify the rash attempt to embody them in an Epic Poem, called Samor, commenced at Eton, and finished before he had arrived at the maturer taste of manhood. – M.]

Hengist, who boldly aspired to the conquest of Britain, exhorted his countrymen to embrace the glorious opportunity: he painted in lively colors the fertility of the soil, the wealth of the cities, the pusillanimous temper of the natives, and the convenient situation of a spacious solitary island, accessible on all sides to the Saxon fleets. The successive colonies which issued, in the period of a century, from the mouths of the Elbe, the Weser, and the Rhine, were principally composed of three valiant tribes or nations of Germany; the Jutes, the old Saxons, and the Angles. The Jutes, who fought under the peculiar banner of Hengist, assumed the merit of leading their countrymen in the paths of glory, and of erecting, in Kent, the first independent kingdom. The fame of the enterprise was attributed to the primitive Saxons; and the common laws and language of the conquerors are described by the national appellation of a people, which, at the end of four hundred years, produced the first monarchs of South Britain. The Angles were distinguished by their numbers and their success; and they claimed the honor of fixing a perpetual name on the country, of which they occupied the most ample portion. The Barbarians, who followed the hopes of rapine either on the land or sea, were insensibly blended with this triple confederacy; the Frisians, who had been tempted by their vicinity to the British shores, might balance, during a short space, the strength and reputation of the native Saxons; the Danes, the Prussians, the Rugians, are faintly described; and some adventurous Huns, who had wandered as far as the Baltic, might embark on board the German vessels, for the conquest of a new world. ^130 But this arduous achievement was not prepared or executed by the union of national powers. Each intrepid chieftain, according to the measure of his fame and fortunes, assembled his followers; equipped a fleet of three, or perhaps of sixty, vessels; chose the place of the attack; and conducted his subsequent operations according to the events of the war, and the dictates of his private interest. In the invasion of Britain many heroes vanquished and fell; but only seven victorious leaders assumed, or at least maintained, the title of kings. Seven independent thrones, the Saxon Heptarchy, ^* were founded by the conquerors, and seven families, one of which has been continued, by female succession, to our present sovereign, derived their equal and sacred lineage from Woden, the god of war. It has been pretended, that this republic of kings was moderated by a general council and a supreme magistrate. But such an artificial scheme of policy is repugnant to the rude and turbulent spirit of the Saxons: their laws are silent; and their imperfect annals afford only a dark and bloody prospect of intestine discord. ^131

[Footnote 130: All these tribes are expressly enumerated by Bede, (l. i. c. 15, p. 52, l. v. c. 9, p. 190;) and though I have considered Mr. Whitaker’s remarks, (Hist. of Manchester, vol. ii. p. 538 – 543,) I do not perceive the absurdity of supposing that the Frisians, &c., were mingled with the Anglo-Saxons.]

[Footnote *: This term (the Heptarchy) must be rejected because an idea is conveyed thereby which is substantially wrong. At no one period were there ever seven kingdoms independent of each other. Palgrave, vol. i. p. 46. Mr. Sharon Turner has the merit of having first confuted the popular notion on this subject. Anglo-Saxon History, vol. i. p. 302. – M.]

[Footnote 131: Bede has enumerated seven kings, two Saxons, a Jute, and four Angles, who successively acquired in the heptarchy an indefinite supremacy of power and renown. But their reign was the effect, not of law, but of conquest; and he observes, in similar terms, that one of them subdued the Isles of Man and Anglesey; and that another imposed a tribute on the Scots and Picts. (Hist. Eccles. l. ii. c. 5, p. 83.)]

A monk, who, in the profound ignorance of human life, has presumed to exercise the office of historian, strangely disfigures the state of Britain at the time of its separation from the Western empire. Gildas ^132 describes in florid language the improvements of agriculture, the foreign trade which flowed with every tide into the Thames and the Severn the solid and lofty construction of public and private edifices; he accuses the sinful luxury of the British people; of a people, according to the same writer, ignorant of the most simple arts, and incapable, without the aid of the Romans, of providing walls of stone, or weapons of iron, for the defence of their native land. ^133 Under the long dominion of the emperors, Britain had been insensibly moulded into the elegant and servile form of a Roman province, whose safety was intrusted to a foreign power. The subjects of Honorius contemplated their new freedom with surprise and terror; they were left destitute of any civil or military constitution; and their uncertain rulers wanted either skill, or courage, or authority, to direct the public force against the common enemy. The introduction of the Saxons betrayed their internal weakness, and degraded the character both of the prince and people. Their consternation magnified the danger; the want of union diminished their resources; and the madness of civil factions was more solicitous to accuse, than to remedy, the evils, which they imputed to the misconduct of their adversaries.

Yet the Britons were not ignorant, they could not be ignorant, of the manufacture or the use of arms; the successive and disorderly attacks of the Saxons allowed them to recover from their amazement, and the prosperous or adverse events of the war added discipline and experience to their native valor.

[Footnote 132: See Gildas de Excidio Britanniae, c. i. p. l. edit. Gale.]
[Footnote 133: Mr. Whitaker (Hist. of Manchester, vol. ii. p. 503, 516) has smartly exposed this glaring absurdity, which had passed unnoticed by the general historians, as they were hastening to more interesting and important events]

While the continent of Europe and Africa yielded, without resistance, to the Barbarians, the British island, alone and unaided, maintained a long, a vigorous, though an unsuccessful, struggle, against the formidable pirates, who, almost at the same instant, assaulted the Northern, the Eastern, and the Southern coasts. The cities which had been fortified with skill, were defended with resolution; the advantages of ground, hills, forests, and morasses, were diligently improved by the inhabitants; the conquest of each district was purchased with blood; and the defeats of the Saxons are strongly attested by the discreet silence of their annalist. Hengist might hope to achieve the conquest of Britain; but his ambition, in an active reign of thirty-five years, was confined to the possession of Kent; and the numerous colony which he had planted in the North, was extirpated by the sword of the Britons. The monarchy of the West Saxons was laboriously founded by the persevering efforts of three martial generations. The life of Cerdic, one of the bravest of the children of Woden, was consumed in the conquest of Hampshire, and the Isle of Wight; and the loss which he sustained in the battle of Mount Badon, reduced him to a state of inglorious repose. Kenric, his valiant son, advanced into Wiltshire; besieged Salisbury, at that time seated on a commanding eminence; and vanquished an army which advanced to the relief of the city. In the subsequent battle of Marlborough, ^134 his British enemies displayed their military science. Their troops were formed in three lines; each line consisted of three distinct bodies, and the cavalry, the archers, and the pikemen, were distributed according to the principles of Roman tactics. The Saxons charged in one weighty column, boldly encountered with their shord swords the long lances of the Britons, and maintained an equal conflict till the approach of night. Two decisive victories, the death of three British kings, and the reduction of Cirencester, Bath, and Gloucester, established the fame and power of Ceaulin, the grandson of Cerdic, who carried his victorious arms to the banks of the Severn.
[Footnote 134: At Beran-birig, or Barbury-castle, near Marlborough. The Saxon chronicle assigns the name and date. Camden (Britannia, vol. i. p. 128) ascertains the place; and Henry of Huntingdon (Scriptores pest Bedam, p. 314) relates the circumstances of this battle. They are probable and characteristic; and the historians of the twelfth century might consult some materials that no longer exist.] After a war of a hundred years, the independent Britons still occupied the whole extent of the Western coast, from the wall of Antoninus to the extreme promontory of Cornwall; and the principal cities of the inland country still opposed the arms of the Barbarians. Resistance became more languid, as the number and boldness of the assailants continually increased. Winning their way by slow and painful efforts, the Saxons, the Angles, and their various confederates, advanced from the North, from the East, and from the South, till their victorious banners were united in the centre of the island. Beyond the Severn the Britons still asserted their national freedom, which survived the heptarchy, and even the monarchy, of the Saxons. The bravest warriors, who preferred exile to slavery, found a secure refuge in the mountains of Wales: the reluctant submission of Cornwall was delayed for some ages; ^135 and a band of fugitives acquired a settlement in Gaul, by their own valor, or the liberality of the Merovingian kings. ^136 The Western angle of Armorica acquired the new appellations of Cornwall, and the Lesser Britain; and the vacant lands of the Osismii were filled by a strange people, who, under the authority of their counts and bishops, preserved the laws and language of their ancestors. To the feeble descendants of Clovis and Charlemagne, the Britons of Armorica refused the customary tribute, subdued the neighboring dioceses of Vannes, Rennes, and Nantes, and formed a powerful, though vassal, state, which has been united to the crown of France. ^137

[Footnote 135: Cornwall was finally subdued by Athelstan, (A.D. 927 – 941,) who planted an English colony at Exeter, and confined the Britons beyond the River Tamar. See William of Malmsbury, l. ii., in the Scriptores post Bedam, p. 50. The spirit of the Cornish knights was degraded by servitude: and it should seem, from the Romance of Sir Tristram, that their cowardice was almost proverbial.]

[Footnote 136: The establishment of the Britons in Gaul is proved in the sixth century, by Procopius, Gregory of Tours, the second council of Tours, (A.D. 567,) and the least suspicious of their chronicles and lives of saints. The subscription of a bishop of the Britons to the first council of Tours, (A.D. 461, or rather 481,) the army of Riothamus, and the loose declamation of Gildas, (alii transmarinas petebant regiones, c. 25, p. 8,) may countenance an emigration as early as the middle of the fifth century. Beyond that era, the Britons of Armorica can be found only in romance; and I am surprised that Mr. Whitaker (Genuine History of the Britons, p. 214 – 221) should so faithfully transcribe the gross ignorance of Carte, whose venial errors he has so rigorously chastised.]

[Footnote 137: The antiquities of Bretagne, which have been the subject even of political controversy, are illustrated by Hadrian Valesius, (Notitia Galliarum, sub voce Britannia Cismarina, p. 98 – 100.) M. D’Anville, (Notice de l’Ancienne Gaule, Corisopiti, Curiosolites, Osismii, Vorganium, p. 248, 258, 508, 720, and Etats de l’Europe, p. 76 – 80,) Longuerue, (Description de la France, tom. i. p. 84 – 94,) and the Abbe de Vertot, (Hist. Critique de l’Etablissement des Bretons dans les Gaules, 2 vols. in 12 mo., Paris, 1720.) I may assume the merit of examining the original evidence which they have produced.

Note: Compare Gallet, Memoires sur la Bretagne, and Daru, Histoire de Bretagne. These authors appear to me to establish the point of the independence of Bretagne at the time that the insular Britons took refuge in their country, and that the greater part landed as fugitives rather than as conquerors. I observe that M. Lappenberg (Geschichte von England, vol. i. p. 56) supposes the settlement of a military colony formed of British soldiers, (Milites limitanei, laeti,) during the usurpation of Maximus, (381, 388,) who gave their name and peculiar civilization to Bretagne. M. Lappenberg expresses his surprise that Gibbon here rejects the authority which he follows elsewhere. – M.]

Chapter XXXVIII: Reign Of Clovis.

Part V.

In a century of perpetual, or at least implacable, war, much courage, and some skill, must have been exerted for the defence of Britain. Yet if the memory of its champions is almost buried in oblivion, we need not repine; since every age, however destitute of science or virtue, sufficiently abounds with acts of blood and military renown. The tomb of Vortimer, the son of Vortigern, was erected on the margin of the sea-shore, as a landmark formidable to the Saxons, whom he had thrice vanquished in the fields of Kent. Ambrosius Aurelian was descended from a noble family of Romans; ^138 his modesty was equal to his valor, and his valor, till the last fatal action, ^139 was crowned with splendid success. But every British name is effaced by the illustrious name of Arthur, ^140 the hereditary prince of the Silures, in South Wales, and the elective king or general of the nation. According to the most rational account, he defeated, in twelve successive battles, the Angles of the North, and the Saxons of the West; but the declining age of the hero was imbittered by popular ingratitude and domestic misfortunes. The events of his life are less interesting than the singular revolutions of his fame. During a period of five hundred years the tradition of his exploits was preserved, and rudely embellished, by the obscure bards of Wales and Armorica, who were