按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
and the enterprise stood up and offered their assistance。 Upon which they were commended by the multitude。 But； if they did not fulfil their engagements； they lost the public esteem； and were looked upon as deserters and traitors。〃
What C？sar says in this place； and what we have extracted in the preceding chapter from Tacitus； are the substance of the history of our princes of the first race。
We must not therefore be surprised that our kings should have new armies to raise upon every expedition； new troops to encourage； new people to engage； that to acquire much they were obliged to incur great expenses； that they should be constant gainers by the division of lands and spoils； and yet give these lands and spoils incessantly away： that their demesne should continually increase and diminish； that a father upon settling a kingdom on one of his children＇8＇ should always give him a treasure with it： that the king's treasure should be considered as necessary to the monarchy； and that one king could not give part of it to foreigners； even in portion with his daughter； without the consent of the other kings。＇9＇ The monarchy moved by springs； which they were continually obliged to wind up。
5。 Of the Conquests of the Franks。 It is not true that the Franks upon entering Gaul took possession of the whole country to turn it into fiefs。 Some have been of this opinion because they saw the greatest part of the country towards the end of the second race converted into fiefs； rear…fiefs； or other dependencies； but such a disposition was owing to particular causes which we shall explain hereafter。
The consequence which sundry writers would infer thence； that the barbarians made a general regulation for establishing in all parts the state of villainage is as false as the principle from which it is derived。 If at a time when the fiefs were precarious； all the lands of the kingdom had been fiefs； or dependencies of fiefs； and all the men in the kingdom vassals or bondmen subordinate to vassals； as the person that has property is ever possessed of power； the king； who would have continually disposed of the fiefs； that is； of the only property then existing； would have had a power as arbitrary as that of the Sultan is in Turkey； which is contradictory to all history。
6。 Of the Goths； Burgundians； and Franks。 Gaul was invaded by German nations。 The Visigoths took possession of the province of Narbonne； and of almost all the south； the Burgundians settled in the east； and the Franks subdued very nearly all the rest。
No doubt but these Barbarians retained in their respective conquests the manners； inclinations； and usages of their own country； for no nation can change in an instant their manner of thinking and acting。 These people in Germany neglected agriculture。 It seems by C？sar and Tacitus that they applied themselves greatly to a pastoral life； hence the regulations of the codes of Barbarian laws almost all relate to their flocks。 Roricon； who wrote a history among the Franks； was a shepherd。
7。 Different Ways of dividing the Land。 After the Goths and Burgundians had； under various pretences； penetrated into the heart of the empire； the Romans； in order to put a stop to their devastations； were obliged to provide for their subsistence。 At first they allowed them corn；＇10＇ but afterwards chose to give them lands。 The emperors； or the Roman magistrates； in their name； made particular conventions with them concerning the division of lands；＇11＇ as we find in the chronicles and in the codes of the Visigoths＇12＇ and Burgundians。＇13＇
The Franks did not follow the same plan。 In the Salic and Ripuarian laws； we find not the least vestige of any such division of lands； they had conquered the country； and so took what they pleased； making no regulations but among themselves。
Let us； therefore； distinguish between the conduct of the Burgundians and Visigoths in Gaul； of those same Visigoths in Spain； of the auxiliary troops under Augustulus and Odoacer in ltaly；＇14＇ and that of the Franks in Gaul； as also of the Vandals in Africa。＇15＇ The former entered into conventions with the ancient inhabitants； and in consequence thereof made a division of lands between them； the latter did no such thing。
8。 The same Subject continued。 What has induced some to think that the Roman lands were entirely usurped by the Barbarians is their finding in the laws of the Visigoths and the Burgundians that these two nations had two…thirds of the lands； but this they took only in certain quarters or districts assigned them。
Gundebald says； in the law of the Burgundians； that his people at their establishment had two…thirds of the lands allowed them；＇16＇ and the second supplement to this law notices that only a moiety would be allowed to those who should hereafter come to live in that country。＇17＇ Therefore； all the lands had not been divided in the beginning between the Romans and the Burgundians。
In those two regulations we meet with the same expressions in the text； consequently they explain one another； and as the latter cannot mean a universal division of lands； neither can this signification be given to the former。
The Franks acted with the same moderation as the Burgundians； they did not strip the Romans wherever they extended their conquests。 What would they have done with so much land？ They took what suited them； and left the remainder。
9。 A just Application of the Law of the Burgundians； and of that of the Visigoths； in relation to the Division of Lands。 It is to be considered that those divisions of land were not made with a tyrannical spirit； but with a view of relieving the reciprocal wants of two nations that were to inhabit the same country。
The law of the Burgundians ordains that a Burgundian shall be received in an hospitable manner by a Roman。 This is agreeable to the manners of the Germans； who； according to Tacitus；＇18＇ were the most hospitable people in the world。
By the law of the Burgundians； it is ordained that the Burgundians shall have two…thirds of the lands； and one…third of the bondmen。 In this it considered the genius of two nations； and conformed to the manner in which they procured their subsistence。 As the Burgundians kept herds and flocks； they wanted a great deal of land and few bondmen； and the Romans； from their application to agriculture； had need of less land； and of a greater number of bondmen。 The woods were equally divided； because their wants in this respect were the same。
We find in the code of the Burgundians＇19＇ that each Barbarian was placed near a Roman。 The division therefore was not general； but the Romans who gave the division were equal in number to the Burgundians who received it。 The Roman was injured least。 The Burgundians as a martial people； fond of hunting and of a pastoral life； did not refuse to accept of the fallow grounds； while the Romans kept such lands as were properest for culture： the Burgundian's flock fattened the Roman's field。
10。 Of Servitudes。 The law of the Burgundians notices＇20＇ that when those people settled in Gaul； they were allowed two…thirds of the land； and one…third of the bondmen。 The state of villainage was therefore established in that part of Gaul b