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d one…third of the bondmen。 The state of villainage was therefore established in that part of Gaul before it was invaded by the Burgundians。＇21＇
The law of the Burgundians； in points relating to the two nations； makes a formal distinction in both； between the nobles； the freeborn and the bondmen。＇22＇ Servitude was not therefore a thing peculiar to the Romans； nor liberty and nobility to the Barbarians。
This very same law says；＇23＇ that if a Burgundian freedman had not given a certain sum to his master； nor received a third share of a Roman； he was always supposed to belong to his master's family。 The Roman proprietor was therefore free； since he did not belong to another person's family； he was free； because his third portion was a mark of liberty。
We need only open the Salic and Ripuarian laws to be satisfied that the Romans were no more in a state of servitude among the Franks than among the other conquerors of Gaul。
The Count de Boulainvilliers is mistaken in the capital point of his system： he has not proved that the Franks made a general regulation which reduced the Romans into a kind of servitude。
As this author's work is penned without art； and as he speaks with the simplicity； frankness； and candour of that ancient nobility whence he descends； every one is capable of judging of the good things he says； and of the errors into which he has fallen。 I shall not； therefore； undertake to criticise him； I shall only observe that he had more wit than enlightenment； more enlightenment than learning； though his learning was not contemptible； for he was well acquainted with the most valuable part of our history and laws。
The Count de Boulainvilliers and the Abbé du Bos have formed two different systems； one of which seems to be a conspiracy against the commons； and the other against the nobility。 When the sun gave leave to Ph？ton to drive his chariot； he said to him； 〃If you ascend too high； you will burn the heavenly mansions； if you descend too low； you will reduce the earth to ashes； do not drive to the right； you will meet there with the constellation of the Serpent； avoid going too much to the left； you will there fall in with that of the Altar： keep in the middle。〃＇24＇
11。 The same Subject continued。 What first gave rise to the notion of a general regulation made at the time of the conquest was our meeting with an immense number of forms of servitude in France； towards the beginning of the third race； and as the continual progression of these forms of servitude was not perceived； people imagined in an age of obscurity a general law which was never framed。
Towards the commencement of the first race we meet with an infinite number of freemen； both among the Franks and the Romans； but the number of bondmen increased to that degree； that at the beginning of the third race all the husbandmen and almost all the inhabitants of towns had become bondmen：＇25＇ and whereas； at the first period； there was very nearly the same administration in the cities as among the Romans； namely； a corporation； a senate； and courts of judicature； at the other we hardly meet with anything but a lord and his bondmen。
When the Franks； Burgundians； and Goths made their several invasions； they seized upon gold； silver； movables； clothes； men； women； boys； and whatever the army could carry； the whole was brought to one place； and divided among the army。＇26＇ History shows that after the first settlement； that is； after the first devastation； they entered into an agreement with the inhabitants； and left them all their political and civil rights。 This was the law of nations in those days； they plundered everything in time of war； and granted everything in time of peace。 Were it not so； how should we find both in the Salic and Burgundian laws such a number of regulations absolutely contrary to a general servitude of the people？
But though the conquest was not immediately productive of servitude； it arose nevertheless from the same law of nations which subsisted after the conquest。＇27＇ Opposition； revolts and the taking of towns were followed by the slavery of the inhabitants。 And； not to mention the wars which the conquering nations made against one another； as there was this peculiarity among the Franks； that the different partitions of the monarchy gave rise continually to civil wars between brothers or nephews； in which this law of nations was constantly practised； servitudes； of course； became more general in France than in other countries： and this is； I believe； one of the causes of the difference between our French laws and those of Italy and Spain； in respect to the right of seigniories。
The conquest was soon over； and the law of nations then in force was productive of some servile dependences。 The custom of the same law of nations； which obtained for many ages； gave a prodigious extent to those servitudes。
Theodoric＇28＇ imagining that the people of Auvergne were not faithful to him； thus addressed the Franks of his division： 〃Follow me； and I will carry you into a country where you shall have gold； silver； captives； clothes； and flocks in abundance； and you shall remove all the people into your own country。〃
After the conclusion of the peace between Gontram and Chilperic； the troops employed in the siege of Bourges； having had orders to return； carried such a considerable booty away with them that they hardly left either men or cattle in the country。＇29＇
Theodoric； King of Italy； whose spirit and policy it was ever to distinguish himself from the other barbarian kings； upon sending an army into Gaul； wrote thus to the general：＇30＇ 〃It is my will that the Roman laws be followed； and that you restore the fugitive slaves to their right owners。 The defender of liberty ought not to encourage servants to desert their masters。 Let other kings delight in the plunder and devastation of the towns which they have subdued； we are desirous to conquer in such a manner that our subjects shall lament their having fallen too late under our government。〃 It is evident that his intention was to cast odium on the kings of the Franks and the Burgundians； and that he alluded in the above passage to their particular law of nations。 Yet this law of nations continued in force under the second race。 King Pepin's army； having penetrated into Aquitaine； returned to France loaded with an immense booty； and with a number of bondmen； as we are informed by the annals of Metz。＇31＇
Here might I quote numberless authorities；＇32＇ and as the public compassion was raised at the sight of those miseries； as several holy prelates； beholding the captives in chains； employed the treasure belonging to the church； and sold even the sacred utensils； to ransom as many as they could； and as several holy monks exerted themselves on that occasion； it is in the Lives of the Saints that we meet with the best explanations on the subject。＇33＇ And； although it may be objected to the authors of those lives that they have been sometimes a little too credulous in respect to things which God has certainly performed； if they were in the order of his providence； yet we draw considerable light thence with regard to the manners and usages of those times。
When we cast an