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.

96 (return) [ 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.]

97 (return) [ 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.]

98 (return) [ 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.]

99 (return) [ 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 Barbarians 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

100 (return) [ 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.)]

101 (return) [ 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.]

102 (return) [ 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.]

103 (return) [ 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.)]

104 (return) [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.]

105 (return) [ 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.]

106 (return) [ 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.]