OF THE ROMAN EMPIRE
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Division of lands by the Barbarians A devouring host of one hundred and twenty thousand Germans had formerly passed the Rhine under the command of Ariovistus. One third part of the fertile lands of the Sequani was appropriated to their use; and the conqueror soon repeated his oppressive demand of another third, for the accommodation of a new colony of twenty-four thousand Barbarians, whom he had invited to share the rich harvest of Gaul.[1] At the distance of five hundred years, the Visigoths and Burgundians, who revenged the defeat of Ariovistus, usurped the same unequal proportion of two-thirds of the subject lands. But this distribution, instead of spreading over the province, may be reasonably confined to the peculiar districts where the victorious people had been planted by their own choice or by the policy of their leader. In these districts, each Barbarian was connected by the ties of hospitality with some Roman provincial. To this unwelcome guest, the proprietor was compelled to abandon two-thirds of his patrimony; but the German, a shepherd and a hunter, might sometimes content himself with a spacious range of wood and pasture, and resign the smallest, though most valuable, portion to the toil of the industrious husbandman.[2] The silence of ancient and authentic testimony has encouraged an opinion that the rapine of the Franks was not moderated, or disguised, by the forms of a legal division; that they dispersed themselves over the provinces of Gaul, without order or control; and that each victorious robber, according to his wants, his avarice, and his strength, measured, with his sword, the extent of his new inheritance. At a distance from their sovereign, the Barbarians might indeed be tempted to exercise such arbitrary depredation; but the firm and artful policy of Clovis must curb a licentious spirit, which would aggravate the misery of the vanquished, whilst it corrupted the union and discipline of the conquerors. The memorable vase of Soissons is a monument, and a pledge, of the regular distribution of the Gallic spoils. It was the duty, and the interest, of Clovis to provide rewards for a successful army, and settlements for a numerous people; without inflicting any
- ↑ Cæsar de Bell. Gall. l. i. c. 31, in tom. i. p. 213.
- ↑ The obscure hints of a division of lands occasionally scattered in the laws of the Burgundians (tit. liv. No. 1, 2, in tom. iv. p. 271, 272) and Visigoths (l. x. tit. i. No. 8, 9, 16, in tom. iv. p. 428, 429, 430) are skilfully explained by the president Montesquieu (Esprit des Loix, l. xxx. c. 7, 8, 9). I shall only add that, among the Goths, the division seems to have been ascertained by the judgment of the neighbourhood; that the Barbarians frequently usurped the remaining third; and that the Romans might recover their right unless they were barred by a prescription of fifty years.
