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Chapter XXXVIII: Reign Of Clovis.—Part II.
The allegiance of his brother was already seduced; and the obedience of Godegesil, who joined the royal standard with the troops of Geneva, more effectually promoted the success of the conspiracy. While the Franks and Burgundians contended with equal valor, his seasonable desertion decided the event of the battle; and as Gundobald was faintly supported by the disaffected Gauls, he yielded to the arms of Clovis, and hastily retreated from the field, which appears to have been situate between Langres and Dijon. He distrusted the strength of Dijon, a quadrangular fortress, encompassed by two rivers, and by a wall thirty feet high, and fifteen thick, with four gates, and thirty-three towers:45374537 Gregory of Tours (l. iii. c. 19, in tom. ii. p. 197) indulges his genius, or rather describes some more eloquent writer, in the description of Dijon; a castle, which already deserved the title of a city. It depended on the bishops of Langres till the twelfth century, and afterwards became the capital of the dukes of Burgundy Longuerue Description de la France, part i. p. 280. he abandoned to the pursuit of Clovis the important cities of Lyons and Vienna; and Gundobald still fled with precipitation, till he had reached Avignon, at the distance of two hundred and fifty miles from the field of battle.
A long siege and an artful negotiation, admonished the king of the Franks of the danger and difficulty of his enterprise. He imposed a tribute on the Burgundian prince, compelled him to pardon and reward his brother's treachery, and proudly returned to his own dominions, with the spoils and captives of the southern provinces. This splendid triumph was soon clouded by the intelligence, that Gundobald had violated his recent obligations, and that the unfortunate Godegesil, who was left at Vienna with a garrison of five thousand Franks,45384538 The Epitomizer of Gregory of Tours (in tom. ii. p. 401) has supplied this number of Franks; but he rashly supposes that they were cut in pieces by Gundobald. The prudent Burgundian spared the soldiers of Clovis, and sent these captives to the king of the Visigoths, who settled them in the territory of Thoulouse. had been besieged, surprised, and massacred by his inhuman brother. Such an outrage might have exasperated the patience of the most peaceful sovereign; yet the conqueror of Gaul dissembled the injury, released the tribute, and accepted the alliance, and military service, of the king of Burgundy. Clovis no longer possessed those advantages which had assured the success of the preceding war; and his rival, instructed by adversity, had found new resources in the affections of his people. The Gauls or Romans applauded the mild and impartial laws of Gundobald, which almost raised them to the same level with their conquerors. The bishops were reconciled, and flattered, by the hopes, which he artfully suggested, of his approaching conversion; and though he eluded their accomplishment to the last moment of his life, his moderation secured the peace, and suspended the ruin, of the kingdom of Burgundy.45394539 In this Burgundian war I have followed Gregory of Tours, (l. ii. c. 32, 33, in tom. ii. p. 178, 179,) whose narrative appears so incompatible with that of Procopius, (de Bell. Goth. l. i. c. 12, in tom. ii. p. 31, 32,) that some critics have supposed two different wars. The Abbe Dubos (Hist. Critique, &c., tom. ii. p. 126-162) has distinctly represented the causes and the events.
I am impatient to pursue the final ruin of that kingdom, which was accomplished under the reign of Sigismond, the son of Gundobald. The Catholic Sigismond has acquired the honors of a saint and martyr;45404540 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 but the hands of the royal saint were stained with the blood of his innocent son, whom he inhumanly sacrificed to the pride and resentment of a step-mother. He soon discovered his error, and bewailed the irreparable loss. While Sigismond embraced the corpse of the unfortunate youth, he received a severe admonition from one of his attendants: "It is 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.45414541 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. 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.45424542 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."45434543 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. 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,45444544 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. 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,45454545 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.) 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;45464546 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.) a select band of valiant and robust slaves attended their masters to the field;45474547 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. 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.
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.45484548 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 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.45494549 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.45504550 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. 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;45514551 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. restored the honors of the Catholic church; fixed in Aquitain a colony of Franks;45524552 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.) 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.45534553 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.45544554 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.) 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.
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.45554555 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. 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.45564556 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. 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.45574557 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. 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.45584558 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. 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.45594559 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.45604560 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. 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.45614561 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.45624562 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. 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;45634563 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. 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.45644564 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.) 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.45654565 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. 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 laws45664566 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. 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;45674567 The most complete collection of these codes is in the "Barbarorum leges antiquae," by P. Canciani, 5 vols. folio, Venice, 1781-9.—M. nor were the Romans excluded from the common benefits of this legal toleration.45684568 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. 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.45694569 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.
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