neers had secretly undermined the foundations of the rampart.” At Bordeaux, which had submitted without resistance, Clovis established his winter quarters; and his prudent economy transported from Toulouse the royal treasures, which were deposited in the capital of the monarchy. The conqueror penetrated as far as the confines of Spain; * restored the honors of the Catholic church; fixed in Aquitain a colony of Franks; * and delegated to his lieutenants the easy task of subduing, or extirpating, the nation of the Visigoths. But the Visigoths were protected by the wise and powerful monarchy of Italy. While the balance was still equal, Theodoric had perhaps delayed the march of the Ostrogoths; but their strenuous efforts successfully resisted the ambition of Clovis; and the army of the Franks, and their Burgundian allies, was compelled to raise the siege of Arles, with the loss, as it is said, of thirty thousand men. These vicissitudes inclined the fierce spirit of Clovis to acquiesce in an advantageous treaty of peace. The Visigoths were suffered to retain the possession of Septimania, a narrow tract of sea-coast, from the Rhône to the Pyrenees; but the ample province of Aquitain, from these mountains to the Loire, was indissolubly united to the kingdom of France.” After the success of the Gothic war, Clovis accepted the honors of the Roman consulship. The emperor Anastasius ambitiously bestowed on the most powerful rival of Theodoric the title and ensigns of that eminent dignity; yet, from some unknown cause, the name of Clovis has not been inscribed in the Fast either of the East or West.” On the solemn day, the monarch of Gaul, placing a diadem on his head, was invested, in the church of St. Martin, with a purple tunic and mantle. From thence he proceeded on horseback to the cathedral of Tours; and, as he passed through the streets, profusely scattered, with his own hand, a donative of gold and silver to the joyful multitude, who incessantly repeated their acclamations of Consul and Augustus. The actual or legal authority of Clovis could not receive any new accessions from the consular dignity. It was a name, a shadow, an empty pageant; and if the conqueror had been instructed to claim the ancient prerogatives of that high office, they must have expired with the period of its annual duration. But the Romans were disposed to revere, in the person of their master, that antique title which the emperors condescended to assume ; the Barbarian himself seemed to contract a sacred obligation to respect the majesty of the republic; and the successors of Theodosius, by soliciting his friendship, tacitly forgave, and almost ratified, the usurpation of Gaul. Twenty-five years after the death of Clovis this impor. tant concession was more formally declared, in a treaty between his sons and the emperor Justinian. The Ostrogoths of Italy, unable to defend their distant acquisitions, had resigned to the Franks the cities of Arles and Marseilles; of Arles, still adorned with the seat of a Praetorian praefect, and of Marseilles, enriched by the advantages of trade and navigation.” This transaction was confirmed by the Imperial authority; and Justinian, generously yielding to the Franks the sovereignty of the countries beyond the Alps, which they already possessed, absolved the provincials from their allegiance; and established on a more lawful, though not more solid foundation, the throne of the Merovingians.” From that era they enjoyed the right of celebrating at Arles the games of the circus; and by a singular privilege, which was denied even to the Persian monarch, the gold coin, impressed with their name and image, obtained a legal currency in the empire.” A Greek historian of that age has praised the private and public virtues of the Franks, with a partial enthusiasm, which cannot be sufficiently justified by their domestic annals.” He celebrates their politeness and urbanity, their regular government, and orthodox religion; and boldly asserts, that these Barbarians could be distinguished only by their dress and language from the subjects of Rome. Perhaps the Franks already displayed the social disposition, and lively graces, which, in every age, have disguised their vices, and sometimes concealed their intrinsic merit. Perhaps Agathias, and the Greeks, were dazzled by the rapid progress of their arms, and the splendor of their empire. §. the conquest of Burgundy, Gaul, except the Gothic province of Septimania, was subject, in its whole extent, to the sons of Clovis. They had extinguished the German kingdom of Thuringia, and their vague dominion penetrated beyond the Rhine, into the heart of their native forests. The Alemanni, and Bavarians, who had occupied the Roman provinces of Rhaetia and Noricum, to the south of the Danube, confessed themselves the humble vassals of the Franks; and the feeble barrier of the Alps was incapable of resisting their ambition. When the last survivor of the sons of Clovis united the inheritance and conquests of the Merovingians, his kingdom extended far beyond the limits of modern France. Yet modern France, such has been the progress of arts and policy, far surpasses, in wealth, populousness, and power, the spacious but savage realms of Clotaire or Dagobert.” The Franks, or French, are the only people of Europe who can deduce a perpetual succession from the conquerors of the Western empire. But their conquest of Gaul was followed by ten centuries of anarchy and ignorance. On the revival of learning, the students, who had been formed in the schools of Athens and Rome, disdained their Barbarian ancestors; and a long period elapsed before patient labor could provide the requisite materials to satisfy, or rather to excite, the curiosity of more enlightened times.” At length the eye of criticism and philosophy was directed to the antiquities of France; but even philosophers have been tainted by the contagion of prejudice and passion. The most extreme and exclusive systems, of the personal servitude of the Gauls, or of their voluntary and equal allance with the Franks, have been rashly conceived, and obstinately defended; and the intemperate disputants have accused each other of conspiring against the prerogative of the crown, the dignity of the nobles, or the freedom of the people. Yet the sharp conflict has usefully exercised the adverse powers of learning and genius; and each antagonist, alternately vanquished and victorious, has extirpated some ancient errors, and established some interesting truths. An impartial stranger, instructed by their discoveries, their disputes, and even their faults, may describe, from the same original materials, the state of the Roman provincials, after Gaul had submitted to the arms and laws of the Merovin' gian kings." The rudest, or the most servile, condition of human so ciety, is regulated, however, by some fixed and general rules. When Tacitus surveyed the primitive simplicity of the Germans, he discovered some permanent maxims, or customs, of public and private life, which were preserved by faithful tradition till the introduction of the art of writing, and of the Latin tongue.” Before the election of the Merovingian kings, the most powerful tribe, or nation, of the Franks, appointed four venerable chieftains to compose the Salic laws;" and their labors were examined and approved in three successive assemblies of the people. After the baptism of Clovis, he reformed several articles that appeared incom. patible with Christianity: the Salic law was again amended by his sons; and at length, under the reign of Dagobert, the code was revised and promulgated in its actual form, one hundred years after the establishment of the French mon. archy. Within the same period, the customs of the Ripuarians were transcribed and published; and Charlemagne himself, the legislator of his age and country, had accurate. ly studied the two national laws, which still prevailed among the Franks.” The same care was extended to their vassals; and the rude institutions of the Alemanni and Bavarians were diligently compiled and ratified by the supreme authority of the Merovingian kings. The Visigoths and Burgundians, whose conquests in Gaul preceded those of the Franks, showed less impatience to attain one of the princi. pal benefits of civilized society. Euric was the first of the Gothic princes who expressed, in writing, the manners and customs of his people; and the composition of the Burgundian laws was a measure of policy rather than of justice; to alleviate the yoke, and regain the affections, of their Gallic subjects.” Thus, by a singular coincidence, the Germans

58 Angoulême is in the road from Poitiers to Bordeaux; and although Gregory delays the siege, I can more readily believe that he confounded the order of history, than that Clovis neglected the rules of war. 54 Pyrenaeos montes usque Perpinianum subjecit, is the expression of Rorico, which betrays his recent date; since Perpignan did not exist before the tenth century (Marca Hispanica, p. 458). This florid and fabulous writer (perhaps a monk of Amiens—see the Abbé le Boeuf, Mém. de l'Académie, tom. xvii. pp. 228– 245) relates, in the allegorical character of a shepherd, the general history of his cool the Franks; but his marrative ends with the death of Clovis. * The author of the Gesta Francorum positively affirms, that Clovis fixed a body of Franks in the Saintonge and Bourdelois: and he is not injudiciously sollowed by ROrico, electos Ymilites, atque fortissimos, cum parvulis, atque mulieribus. Yet it should seem that they soon mingled with the Romans of Aquitain, till Charlemagne introduced a more numerous and powerful colony (Dubos, Hist. Critique, tom. ii. p. 215). * In the composition of the Gothic war, I have used the following materials with due regard to their unequal value. . Four epistles from Theodoric, king of Italy (Cassiodor. l. iii. epist. 1–4, in tom. iv. pp. 3-5); Procopius (de Bell. Goth. 1. i. c. 12, in tom. ii. pp. 32, 33) ; Gregory of Tours (1. ii. c. 35, 36, 37, in tom. ii. §: 181-183); Jornandes (de Iteb. Geticis, c. 68, in tom. ii. p. 28); Fortunatus (in it. St. Hilarii, in tom. iii. p. 380); Isadore (in Chron. Goth. in tom. ii. p. 702); the Epitomy of Gregory of Tours (in tom. ii. p. 401); the author of the Gesta Francorum, (in tonn. ii. pp. 553–555); the Fragments of Fredegarius (in tom, ii. p. **ś, in (l. i. c. 20, in tom. iii. pp. 41, 42); and Rorico (l. iv. in tom. iii. pp. * The Fasti of Italy would o reject a consul, the enemy of their sovereign; but any ingenious hypothesis that might explain the silence of Constan: tinople and Egypt (the Chronicle of Marcellinus, and the Paschal), is overturned by §. similar silence of Marius, bishop of Avenche, who composed his Fats", in the kingdom of Burgundy. If the evidence of Gregory of Tours were less weighty and positive (l. ii. c. 38, in tom. ii. }. 183), I could believe that Clovis, like Odoacer, received the lasting title and honors of 1°atrician (Pagi Critica, tom. ii. pp. 474, 482).

58 Under the Merovingian kings, Marseilles still imported from the East paper, wine, oil, linen, silk, precious stones, spices, &c. The Gauls, or Franks, traded to Syria, and the Syrians were established in Gaul. See M. de Guignes, Mém. de l’Académie, xxxvii. pp. 471-475.

59 Ou Yap rote govro Tax Atas Štiv to &glaxei rektio.8at opévyov, um row airokpá

Topps to opyov ćirwordaytoravros Toord ye. This strong declaration of Procopius (de Bell. Gothic. l. iii. cap. 33, in tom. ii. p. 41) would almost suffice to justifv the Abbé Dubos.

60 The Franks, who probably used the mints of Treves, Lyons, and Arles, imitated the coinage of the Roman emperors of seventy-two solida, or pieces, to the pound of gold. But as the Franks established only a decuple §. tion of gold and silver, ten shillings will be a sufficient valuation of their solidus of gold. It was the common standard of the Barbaric fines, and contained forty demarii, or silver threepences. Twelve of these denarii, made a solidus, or shilling, the twentieth part of the ponderal and numeral livre, or pound of silver, which has been so strangely reduced in modern France. See La Blanc, Traité Historique des Monnoyes de France, pp. 37–43.

61 AF. in tom. ii. p. 47, Gregory of Tours exhibits a very different picture. Perhaps it would not be easy, within the same historical space, to find more vice and less virtue. We are continually shocked by the union of savage and corrupt manners.

to M. de Foncemagne has traced, in a correct and elegant dissertation (Mém. de Academie. tom. viii. pp. 505-528), the extent and limits of the French monarchy.

* The Abbé Dubos (Histoire Critique, tom. i. pp. 20-36) has truly and agree ably represented the slow progress of these studies; and he observes, that Greg ory of Tours was only once printed before the year 1560. According to the com. plaint of Heineccius (Opera, tom. iii. Sylloge, iii. p. 248, &c.), Germany received with indifference and contempt the codes of Barbaric laws, which were published by Heroldus, Lindenbrogius, &c. At present, those laws (as far as they relate to Gaul), the inistory of Gregory of Tours, and all the monuments of the Merovinan race, appear in a pure and perfect state in the first four volumes of the Hisrians of France. * In the space of [aboufl thirty years (1728-1765) this interesting subject has been agitated by the free spirit of the count de Boulainvilliers Memoires Historiques sur l'Etat de la France, particularly tom. i. pp. 15–49); the learned ingenuity of the Abbé Dubos (Histoire Critique de l’Etablissement de la Monarchie Françoise dans les Gaules, 2 vols. in 4to.); the comprehensive genius of the president de Montesquieu.(Esprit des Loix, particularly 1, xxviii. xxx. xxxi.); and the good sense and diligence of the Abbe de Mably (Observations sur l’Histoire de France, 2 vols. 12mo.).

65 I have derived much instruction from two tearned works of Heineccius, the History and the Elements, of the Germanic law. In a judicious preface to the Elements, he considers, and tries to excuse, the defects of that barbarous jurisprudence. to Latin appears to have been the original language of the Salic law. It was probably composed in the beginning of the fifth century, before the era (A. D. 421) of the real or fabulous Pharamoud. The preface mentions the four cantons which produced the four legislators ; and many provinces, Franconia, Saxony, Hanover, Brabant, &c., have claimed them as their own. See an excellent Dis. sertation of Heineccius, de Lege Salicã, tom. iii. Sylloge iii. pp. 247-267.* 67 Eginhard, in Wit. Caroli Magni, c. 29, in tom. v. p. 100. By these two laws, most critics understand the Salic and the Ripuarian. The former extended from the Carbonarian forest to the Loire (tom. iv. F. 151), and the latter might be obeyed from the same forest to the Rhine (tom. iv. p. 222). to Consult the ancient and modern prefaces of the several codes, in the fourth volume of the Historians of France. The original prologue to the Salic law expresses (though in a foreign dialect) the genuine spirit of the Franks more forcibly than the ten books of Gregory of Tours.

* The relative antiquity of the two copies of the Salic law has been contested with great learning and ingenuity. The work of M. Wiarda, History and ExK." of the Salic Law, Bremen, 1808, asserts, that what is called the Lex ntiqua, or Vetustior, in which many German worås are mingled with the Latin, has no claim to superior o and may be suspected to be more modern M. Wiarda has been opposed by M. Fuerbach, who maintains the higher age of the “ancient” Code. which has been greatly corrupted by the transcribers. See Guizot, Cours de l’Histoire Moderne, vol. i. sect. 9 : and the preface to the useful republication of five of the different texts of the Salic law, with that of the Ripu. ans, in parallel columns. By E. A. I. Laspeyres, Halle, 1833.-M.

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