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    feris, quas cura hominum non aluit, sed Deus in commune mortalibus ad in gold and silver, &c.) employed their skill for the use, or profit, whom he treated with the same brutal contempt. The youths of an elegant Burgundian, or the Frank, who returned from a successful expedition, According to the maxims of ancient war, the conqueror became the capable of labor, were condemned, without regard to their former rank, doubtful situation, which alternately exposed them to the favorable or fruitful cause of personal slavery, which had been almost suppressed by 1348.] lege mundi se facere juste posse contendant. De Institutione Laicorum, Litteraria, p. 443,) censures the legal tyranny of the nobles. Pro [Footnote 95: On a mere suspicion, Chundo, a chamberlain of Gontram, the peaceful sovereignty of Rome, was again revived and multiplied by rights of nature, and exposes the cruel practice of the twelfth century. ergastulis detruduntur, et multa alia patiuntur. Hoc enim qui faciunt, of their master. But the Roman captives, who were destitute of art, but cruel impulse of passion. The useful mechanics and servants (smiths, the perpetual hostilities of the independent Barbarians. The Goth, the dragged after him a long train of sheep, of oxen, and of human captives, carpenters, tailors, shoemakers, cooks, gardeners, dyers, and workmen utendum concessit, pauperes a potentioribus spoliantur, flagellantur, form and an ingenuous aspect were set apart for the domestic service; a tom. ii. p. 369.) John of Salisbury (Policrat. l. i. c. 4) asserts the l. ii. c. 23, apud Thomassin, Discipline de l'Eglise, tom. iii. p. See Heineccius, Elem. Jur. Germ. l. ii. p. 1, No. 51-57.] lawful master of the enemy whom he had subdued and spared: [96] and the king of Burgundy, was stoned to death, (Greg. Turon. l. x. c. 10, in

     

     

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    or rather passion, was the exercise of hunting. The vague dominion which the royal forests. [95] for the use or pleasure of the lord, might ravage with impunity the nature, such as they had always been deemed by the Roman jurisprudence, (Greg Turon. in Maxima Bibliotheca Patrum, tom. xi. p. 896-932) were horses ran mad, that had been turned into a sacred meadow.] which admitted a slight composition for the life of a citizen, it was a [Footnote 92: Many of the two hundred and six miracles of St. Martin of the nobles and their domestic servants. Plebeian transgressors were the subjects of their peculiar territory. Their ambition might be Man has assumed over the wild inhabitants of the earth, the air, and the repeatedly performed to punish sacrilege. Audite haec omnes (exclaims [93] were severely restrained by the German conquerors, whose amusement, [Footnote 94: Jonas, bishop of Orleans, (A.D. 821-826. Cave, Hist. Gaul was again overspread with woods; and the animals, who were reserved order of tyrants arose in the provinces, who, under the appellation of the bishop of Tours) protestatem habentes, after relating, how some legally chastised with stripes and imprisonment; [94] but in an age fields of his industrious vassals. The chase was the sacred privilege Seniors, or Lords, usurped a right to govern, and a license to oppress, [Footnote 93: Heinec. Element. Jur. German. l. ii. p. 1, No. 8.] of a profane and defenceless neighbor. The common or public rights of capital crime to destroy a stag or a wild bull within the precincts of vengeance of a saint or bishop, [92] would seldom respect the landmarks waters, was confined to some fortunate individuals of the human species. checked by the hostile resistance of an equal: but the laws were extinguished; and the sacrilegious Barbarians, who dared to provoke the

     

     

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    assigned, in the division of Gaul, of allodial and Salic lands: they the sovereign; and his feeble prerogative derived some support from monarch (in tom. v. p. 652-657.) He requires an account of the horns and supply the hospitable plenty of Clovis and his successors; and to reward of France, who established the perpetual property, and hereditary thirty geese; and the smaller (Mansionales) fifty hens and twelve geese. succession, of their benefices; a revolution salutary to the earth, Besides these royal and beneficiary estates, a large proportion had been the fidelity of their brave companions who, both in peace and war, invested with a benefice, the primitive name, and most simple form, of gradually abolished [89] by the independent and rapacious nobles were exempt from tribute, and the Salic lands were equally shared among consumption; and the whole administration was conducted by the strictest the feudal possessions. These gifts might be resumed at the pleasure of which had been injured, or neglected, by its precarious masters. [90] which contains seventy distinct and minute regulations of that great maxims of private economy. [88] This ample patrimony was appropriated to skins of the goats, allows his fish to be sold, and carefully directs, [Footnote 881: The resumption of benefices at the pleasure of the that the larger villas (Capitaneoe) shall maintain one hundred hens and the situation of the Merovingian villas.] the influence of his liberality. [881] But this dependent tenure was [Footnote 88: See the rustic edict, or rather code, of Charlemagne, Mabillon (de Re Diplomatica) has investigated the names, the number, and the male descendants of the Franks. [91] were devoted to their persona service. Instead of a horse, or a suit of armor, each companion, according to his rank, or merit, or favor, was

     

     

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    defeat of Ariovistus, usurped the same unequal proportion of two thirds inheritance. At a distance from their sovereign, the Barbarians might not moderated, or disguised, by the forms of a legal division; that spoils. It was the duty and the interest of Clovis to provide rewards aggravate the misery of the vanquished, whilst it corrupted the union Gaul. The ample fund, which he might lawfully acquire, of the Imperial industrious husbandman. [86] The silence of ancient and authentic of the subject lands. But this distribution, instead of spreading over the province, may be reasonably confined to the peculiar districts where they dispersed themselves over the provinces of Gaul, without order or indeed be tempted to exercise such arbitrary depredation; but the firm policy of their leader. In these districts, each Barbarian was connected control; and that each victorious robber, according to his wants, his inflicting any wanton or superfluous injuries on the loyal Catholics of and discipline of the conquerors. [861] The memorable vase of Soissons content himself with a spacious range of wood and pasture, and resign by the ties of hospitality with some Roman provincial. To this unwelcome testimony has encouraged an opinion, that the rapine of the Franks was the smallest, though most valuable, portion, to the toil of the is a monument and a pledge of the regular distribution of the Gallic patrimony, but the German, a shepherd and a hunter, might sometimes the victorious people had been planted by their own choice, or by the avarice, and his strength, measured with his sword the extent of his new for a successful army, settlements for a numerous people; without guest, the proprietor was compelled to abandon two thirds of his and artful policy of Clovis must curb a licentious spirit, which would of five hundred years, the Visigoths and Burgundians, who revenged the

     

     

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