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d in their laws the severities of a conqueror；＇12＇ which are not to be met with in the other codes of the laws of the barbarians。
We see the spirit of the German laws in the pecuniary punishments； and the spirit of a conqueror in those of an afflictive nature。
The crimes they commit in their own country are subject to corporal punishment； and the spirit of the German laws is followed only in the punishment of crimes committed beyond the extent of their own territory。
They are plainly told that their crimes shall meet with no mercy； and they are refused even the asylum of churches。
The bishops had an immense authority at the court of the Visigoth Kings； the most important affairs being debated in councils。 All the maxims； principles and views of the present inquisition are owing to the code of the Visigoths； and the monks have only copied against the Jews the laws formerly enacted by bishops。
In other respects the laws of Gundebald for the Burgundians seem pretty judicious； and those of Rotharis； and of the other Lombard princes； are still more so。 But the laws of the Visigoths； those for instance of Recessuinthus； Chaindasuinthus； and Egigas are puerile； ridiculous and foolish； they attain not their end； they are stuffed with rhetoric and void of sense； frivolous in the substance and bombastic in the style。
2。 That the Laws of the Barbarians were all personal。 It is a distinguishing character of these laws of the barbarians that they were not confined to a certain district； the Frank was tried by the law of the Franks； the Aleman by that of the Alemans； the Burgundian by that of the Burgundians； and the Roman by the Roman law； nay； so far were the conquerors in those days from reducing their laws to a uniform system or body； that they did not even think of becoming legislators to the people they had conquered。
The original of this I find in the manners of the Germans。 These people were parted asunder by marshes； lakes； and forests； and C？sar observes＇13＇ they were fond of such separations。 Their dread of the Romans brought about their reunion； and yet each individual among these mixed people was still to be tried by the established customs of his own nation。 Each tribe apart was free and independent； and when they came to be intermixed； the independence still continued； the country was common； the government peculiar； the territory the same； and the nations different。 The spirit of personal laws prevailed therefore among those people before ever they set out from their own homes； and they carried it with them into the conquered provinces。
We find this custom established in the formulas of Marculfus；＇14＇ in the codes of the laws of the barbarians； but chiefly in the law of the Ripuarians＇15＇ and the decrees of the kings of the first race；＇16＇ whence the capitularies on that subject in the second race were derived。＇17＇ The children followed the laws of their father；＇18＇ the wife that of her husband；＇19＇ the widow came back to her own original law；＇20＇ and the freedman was under that of his patron。＇21＇ Besides； every man could make choice of what laws he pleased； but the constitution of Lotharius I＇22＇ required that this choice should be made public。
3。 Capital Difference between the Salic Laws and those of the Visigoths and Burgundians。 We have already observed that the laws of the Burgundians and Visigoths were impartial； but it was otherwise with regard to the Salic law； for it established between the Franks and Romans the most mortifying distinctions。 When a Frank； a barbarian； or one living under the Salic law happened to be killed； a composition of 200 sols was to be paid to his relatives；＇23＇ only 100 upon the killing of a Roman proprietor；＇24＇ and no more than forty…five for a Roman tributary。 The composition for the murder of one of the king's vassals； if a Frank； was 600 sols；＇25＇ if a Roman； though the king's guest；＇26＇ only 300。＇27＇ The Salic law made therefore a cruel distinction between the Frank and Roman lord； and the Frank and Roman commoner。
Further； if a number of people were got together to assault a Frank in his house；＇28＇ and he happened to be killed； the Salic law ordained a composition of 600 sols； but if a Roman or a freedman was assaulted； only one…half that composition。＇29＇ By the same law；＇30＇ if a Roman put a Frank in irons； he was liable to a composition of 30 sols； but if a Frank had thus used a Roman； he paid only 15。 A Frank； stripped by a Roman； was entitled to the composition of 62 1/2 sols； and a Roman stripped by a Frank received only 30。 Such unequal treatment must needs have been very grievous to a Roman。
And yet a celebrated author＇31＇ forms a system of the establishment of the Franks in Gaul； on a supposition that they were the best friends of the Romans。 The Franks then； the best friends of the Romans； they who did； and they who suffered from the Romans such an infinite deal of mischief！＇32＇ The Franks； the friends of the Romans； they who； after subduing them by their arms； oppressed them in cold blood by their laws！ They were exactly the friends of the Romans as the Tartars who conquered China were the friends of the Chinese。 If some Catholic bishops thought fit to make use of the Franks in destroying the Arian Kings； does it follow that they had a desire of living under those barbarous people？ And can we hence conclude that the Franks had any particular regard for the Romans？ I should draw quite different consequences； the less the Franks had to fear from the Romans； the less indulgence they showed them。
The Abbé du Bos has consulted but indifferent authorities for his history； such as poets and orators； works of parade and ostentation are improper foundations for building systems。
4。 In what manner the Roman Law came to be lost in the Country subject to the Franks； and preserved in that subject to the Goths and Burgundians。 What has been above said will throw some light upon other things； which have hitherto been involved in great obscurity。
The country at this day called France was under the first race governed by the Roman law； or the Theodosian code； and by the different laws of the Barbarians；＇33＇ who settled in those parts。
In the country subject to the Franks； the Salic law was established for the Franks； and the Theodosian code＇34＇ for the Romans。 In that subject to the Visigoths； a compilation of the Theodosian code； made by order of Alaric；＇35＇ regulated disputes among the Romans； and the national customs； which Euric caused to be reduced to writing；＇36＇ determined those among the Visigoths。 But how comes it； some will say； that the Salic laws gained almost a general authority in the country of the Franks； and the Roman law gradually declined； whilst in the jurisdiction of the Visigoths the Roman law spread itself； and obtained at last a general sway？
My answer is that the Roman law came to be disused among the Franks because of the great advantages accruing from being a Frank； a Barbarian；＇37＇ or a person living under the Salic law； every one； in that case； readily quitting the Roman to live under the Salic law。
The clergy alone retained it；＇38＇ as a change would be of no advantage to them。 The difference of conditions and ranks