OF THE ROMAN EMPIRE
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ratified by the supreme authority of the Merovingian kings. The Visigoths and Burgundians, whose conquests in Gaul preceded those of the Franks, shewed less impatience to attain one of the principal 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 aifections of their Gallic subjects.[1] Thus, by a singular coincidence, the Germans framed their artless institutions at a time when the elaborate system of Roman jurisprudence was finally consummated. In the Salic laws and the Pandects of Justinian we may compare the first rudiments and the full maturity of civil wisdom; and, whatever prejudices may be suggested in favour of Barbarism, our calmer reflections will ascribe to the Romans the superior advantages, not only of science and reason, but of humanity and justice. Yet the laws of the Barbarians were adapted to their wants and desires, their occupations, and their capacity; and they all contribute to preserve the peace, and promote the improvements, of the society for whose use they were originally established. The Merovingians, instead of imposing an uniform rule of conduct on their various subjects, permitted each people, and each family of their empire, freely to enjoy their domestic institutions;[2] nor were the Romans excluded from the common benefits of this legal toleration.[3] The children embraced the law of their parents, the wife that of her husband, the freedman that of his patron ; and, in all causes, where the parties were of different nations, the plaintiff, or accuser,
- ↑ 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 Lex Burgundionum (ed. Bluhme) and the Lex Alamannorum (which has come down in a fragmentary state) will be found in vol. iii. of the Leges in the Mon. Germ. Hist.; the Lex Bajuwariorum in the same vol. (ed. Merkel), and the Lex Frisionum (ed. Richthofen). Vol. v. contains the much later Lex Angliorum et Werinorum id est Thuringorum (ed. Richthofen); see Stubbs, Const. Hist. of England, vol. i. p. 50.]
- ↑ The Ripuarian law declares and defines this indulgence in favour of the plaintiff (tit. xxxi. [§ 3] in tom. iv. p. 240), and the same toleration is understood, or expressed, in all the Codes, except that of the Visigoths of Spain. Tanta diversitas legum (says Agobard in the ninth century) quanta non solum in [singulis] regionibus, aut civitatibus, sed etiam in multis domibus habetur. Nam plerumque contingit ut simul eant aut sedeant quinque homines, et nullus eorum communem legem cum altero habeat (in tom. vi. p. 356). He foolishly proposes to introduce an uniformity of law, as well as of faith.
- ↑ Inter Romanos negotia causarum Romanis legibus præcipimus terminari. Such are the words of a general constitution promulgated by Clotaire, the son of Clovis, and sole monarch of the Franks (in tom. iv. p. 116) about the year 560.
