[1: In this chapter I shall draw my quotations from the Recueil des Historiens des Gaules et de la France, Paris, 1738 - 1767, in eleven volumes in folio. By the labor of Dom Bouquet, and the other Benedictines, all the original testimonies, as far as A.D. 1060, are disposed in chronological order, and illustrated with learned notes. Such a national work, which will be continued to the year 1500, might provoke our emulation.]



[2: Tacit. Hist. iv. 73, 74, in tom. i. p. 445. To abridge Tacitus would indeed be presumptuous; but I may select the general ideas which he applies to the present state and future revelations of Gaul.]



[3: Eadem semper causa Germanis transcendendi in Gallias libido atque avaritiae et mutandae sedis amor; ut relictis paludibus et solitudinibus, suis, fecundissimum hoc solum vosque ipsos possiderent .... Nam pulsis Romanis quid aliud quam bella omnium inter se gentium exsistent?]



[4: Sidonius Apollinaris ridicules, with affected wit and pleasantry, the hardships of his situation, (Carm. xii. in tom. i. p. 811.)]



[5: See Procopius de Bell. Gothico, l. i. c. 12, in tom. ii. p. 81. The character of Grotius inclines me to believe, that he has not substituted the Rhine for the Rhone (Hist. Gothorum, p. 175) without the authority of some Ms.]



[6: Sidonius, l. viii. epist. 3, 9, in tom. i. p. 800. Jornandes (de Rebus Geticis, c. 47 p. 680) justifies, in some measure, this portrait of the Gothic hero.]



[7: I use the familiar appellation of Clovis, from the Latin Chlodovechus, or Chlodovoeus. But the Ch expresses only the German aspiration, and the true name is not different from Lewis, (Mem. de 'Academie des Inscriptions, tom. xx. p. 68.)]



[8: Greg. l. ii. c. 12, in tom. i. p. 168. Basina speaks the language of nature; the Franks, who had seen her in their youth, might converse with Gregory in their old age; and the bishop of Tours could not wish to defame the mother of the first Christian king.]



[9: The Abbe Dubos (Hist. Critique de l'Etablissement de la Monarchie Francoise dans les Gaules, tom. i. p. 630 - 650) has the merit of defining the primitive kingdom of Clovis, and of ascertaining the genuine number of his subjects.]



[10: Ecclesiam incultam ac negligentia civium Paganorum praetermis sam, veprium densitate oppletam, &c. Vit. St. Vedasti, in tom. iii. p. 372. This description supposes that Arras was possessed by the Pagans many years before the baptism of Clovis.]



[11: Gregory of Tours (l v. c. i. tom. ii. p. 232) contrasts the poverty of Clovis with the wealth of his grandsons. Yet Remigius (in tom. iv. p. 52) mentions his paternas opes, as sufficient for the redemption of captives.]



[12: See Gregory, (l. ii. c. 27, 37, in tom. ii. p. 175, 181, 182.) The famous story of the vase of Soissons explains both the power and the character of Clovis. As a point of controversy, it has been strangely tortured by Boulainvilliers Dubos, and the other political antiquarians.]



[13: The duke of Nivernois, a noble statesman, who has managed weighty and delicate negotiations, ingeniously illustrates (Mem. de l'Acad. des Inscriptions, tom. xx. p. 147 - 184) the political system of Clovis.]



[14: M. Biet (in a Dissertation which deserved the prize of the Academy of Soissons, p. 178 - 226,) has accurately defined the nature and extent of the kingdom of Syagrius and his father; but he too readily allows the slight evidence of Dubos (tom. ii. p. 54 - 57) to deprive him of Beauvais and Amiens.]



[15: I may observe that Fredegarius, in his epitome of Gregory of Tours, (tom. ii. p. 398,) has prudently substituted the name of Patricius for the incredible title of Rex Romanorum.]



[16: Sidonius, (l. v. Epist. 5, in tom. i. p. 794,) who styles him the Solon, the Amphion, of the Barbarians, addresses this imaginary king in the tone of friendship and equality. From such offices of arbitration, the crafty Dejoces had raised himself to the throne of the Medes, (Herodot. l. i. c. 96 - 100.)]



[17: Campum sibi praeparari jussit. M. Biet (p. 226 - 251) has diligently ascertained this field of battle, at Nogent, a Benedictine abbey, about ten miles to the north of Soissons. The ground was marked by a circle of Pagan sepulchres; and Clovis bestowed the adjacent lands of Leully and Coucy on the church of Rheims.]



[18: See Caesar. Comment. de Bell. Gallic. ii. 4, in tom. i. p. 220, and the Notitiae, tom. i. p. 126. The three Fabricae of Soissons were, Seutaria, Balistaria, and Clinabaria. The last supplied the complete armor of the heavy cuirassiers.]



[19: The epithet must be confined to the circumstances; and history cannot justify the French prejudice of Gregory, (l. ii. c. 27, in tom. ii. p. 175,) ut Gothorum pavere mos est.]



[20: Dubos has satisfied me (tom. i. p. 277 - 286) that Gregory of Tours, his transcribers, or his readers, have repeatedly confounded the German kingdom of Thuringia, beyond the Rhine, and the Gallic city of Tongria, on the Meuse, which was more anciently the country of the Eburones, and more recently the diocese of Liege.]



[21: Populi habitantes juxta Lemannum lacum, Alemanni dicuntur. Servius, ad Virgil. Georgic. iv. 278. Don Bouquet (tom. i. p. 817) has only alleged the more recent and corrupt text of Isidore of Seville.]



[22: Gregory of Tours sends St. Lupicinus inter illa Jurensis deserti secreta, quae, inter Burgundiam Alamanniamque sita, Aventicae adja cent civitati, in tom. i. p. 648. M. de Watteville (Hist. de la Confederation Helvetique, tom. i. p. 9, 10) has accurately defined the Helvetian limits of the Duchy of Alemannia, and the Transjurane Burgundy. They were commensurate with the dioceses of Constance and Avenche, or Lausanne, and are still discriminated, in modern Switzerland, by the use of the German, or French, language.]



[23: See Guilliman de Rebus Helveticis, l i. c. 3, p. 11, 12. Within the ancient walls of Vindonissa, the castle of Hapsburgh, the abbey of Konigsfield, and the town of Bruck, have successively risen. The philosophic traveller may compare the monuments of Roman conquest of feudal or Austrian tyranny, of monkish superstition, and of industrious freedom. If he be truly a philosopher, he will applaud the merit and happiness of his own times.]



[24: Gregory of Tours, (l. ii. 30, 37, in tom. ii. p. 176, 177, 182,) the Gesta Francorum, (in tom. ii. p. 551,) and the epistle of Theodoric, (Cassiodor. Variar. l. ii. c. 41, in tom. iv. p. 4,) represent the defeat of the Alemanni. Some of their tribes settled in Rhaetia, under the protection of Theodoric; whose successors ceded the colony and their country to the grandson of Clovis. The state of the Alemanni under the Merovingian kings may be seen in Mascou (Hist. of the Ancient Germans, xi. 8, &c. Annotation xxxvi.) and Guilliman, (de Reb. Helvet. l. ii. c. 10 - 12, p. 72 - 80.)]



[25: Clotilda, or rather Gregory, supposes that Clovis worshipped the gods of Greece and Rome. The fact is incredible, and the mistake only shows how completely, in less than a century, the national religion of the Franks had been abolished and even forgotten]



[26: Gregory of Tours relates the marriage and conversion of Clovis, (l. ii. c. 28 - 31, in tom. ii. p. 175 - 178.) Even Fredegarius, or the nameless Epitomizer, (in tom. ii. p. 398 - 400,) the author of the Gesta Francorum, (in tom. ii. p. 548 - 552,) and Aimoin himself, (l. i. c. 13, in tom. iii. p. 37 - 40,) may be heard without disdain. Tradition might long preserve some curious circumstances of these important transactions.]



[27: A traveller, who returned from Rheims to Auvergne, had stolen a copy of his declamations from the secretary or bookseller of the modest archbishop, (Sidonius Apollinar. l. ix. epist. 7.) Four epistles of Remigius, which are still extant, (in tom. iv. p. 51, 52, 53,) do not correspond with the splendid praise of Sidonius.]



[28: Hincmar, one of the succesors of Remigius, (A.D. 845 - 882,) had composed his life, (in tom. iii. p. 373 - 380.) The authority of ancient MSS. of the church of Rheims might inspire some confidence, which is destroyed, however, by the selfish and audacious fictions of Hincmar. It is remarkable enough, that Remigius, who was consecrated at the age of twenty-two, (A.D. 457,) filled the episcopal chair seventy-four years, (Pagi Critica, in Baron tom. ii. p. 384, 572.)]



[29: A phial (the Sainte Ampoulle of holy, or rather celestial, oil,) was brought down by a white dove, for the baptism of Clovis; and it is still used and renewed, in the coronation of the kings of France. Hincmar (he aspired to the primacy of Gaul) is the first author of this fable, (in tom. iii. p. 377,) whose slight foundations the Abbe de Vertot (Memoires de l'Academie des Inscriptions, tom. ii. p. 619 - 633) has undermined, with profound respect and consummate dexterity.]



[30: Mitis depone colla, Sicamber: adora quod incendisti, incende quod adorasti. Greg. Turon. l. ii. c. 31, in tom. ii. p. 177.]



[31: Si ego ibidem cum Francis meis fuissem, injurias ejus vindicassem. This rash expression, which Gregory has prudently concealed, is celebrated by Fredegarius, (Epitom. c. 21, in tom. ii. p. 400,) Ai moin, (l. i. c. 16, in tom. iii. p. 40,) and the Chroniques de St. Denys, (l. i. c. 20, in tom. iii. p. 171,) as an admirable effusion of Christian zeal.]



[32: Gregory, (l. ii. c. 40 - 43, in tom. ii. p. 183 - 185,) after coolly relating the repeated crimes, and affected remorse, of Clovis, concludes,perhaps undesignedly, with a lesson, which ambition will never hear. "His ita transactis obiit."]



[33: After the Gothic victory, Clovis made rich offerings to St. Martin of Tours. He wished to redeem his war-horse by the gift of one hundred pieces of gold, but the enchanted steed could not remove from the stable till the price of his redemption had been doubled. This miracle provoked the king to exclaim, Vere B. Martinus est bonus in auxilio, sed carus in negotio. (Gesta Francorum, in tom. ii. p. 554, 555.)]



[34: See the epistle from Pope Anastasius to the royal convert, (in Com. iv. p. 50, 51.) Avitus, bishop of Vienna, addressed Clovis on the same subject, (p. 49;) and many of the Latin bishops would assure him of their joy and attachment.]



[35: Instead of an unknown people, who now appear on the text of Procopious, Hadrian de Valois has restored the proper name of the easy correction has been almost universally approved. Yet an unprejudiced reader would naturally suppose, that Procopius means to describe a tribe of Germans in the alliance of Rome; and not a confederacy of Gallic cities, which had revolted from the empire. Note: Compare Hallam's Europe during the Middle Ages, vol i. p. 2, Daru, Hist. de Bretagne vol. i. p. 129 - M.]



[36: This important digression of Procopius (de Bell. Gothic. l. i. c. 12, in tom. ii. p. 29 - 36) illustrates the origin of the French monarchy. Yet I must observe, 1. That the Greek historian betrays an inexcusable ignorance of the geography of the West. 2. That these treaties and privileges, which should leave some lasting traces, are totally invisible in Gregory of Tours, the Salic laws, &c.]



[37: Regnum circa Rhodanum aut Ararim cum provincia Massiliensi retinebant. Greg. Turon. l. ii. c. 32, in tom. ii. p. 178. The province of Marseilles, as far as the Durance, was afterwards ceded to the Ostrogoths; and the signatures of twenty-five bishops are supposed to represent the kingdom of Burgundy, A.D. 519. (Concil. Epaon, in tom. iv. p. 104, 105.) Yet I would except Vindonissa. The bishop, who lived under the Pagan Alemanni, would naturally resort to the synods of the next Christian kingdom. Mascou (in his four first annotations) has explained many circumstances relative to the Burgundian monarchy.]



[38: Mascou, (Hist. of the Germans, xi. 10,) who very reasonably distracts the testimony of Gregory of Tours, has produced a passage from Avitus (epist. v.) to prove that Gundobald affected to deplore the tragic event, which his subjects affected to applaud.]



[39: See the original conference, (in tom. iv. p. 99 - 102.) Avitus, the principal actor, and probably the secretary of the meeting, was bishop of Vienna. A short account of his person and works may be fouud in Dupin, (Bibliotheque Ecclesiastique, tom. v. p. 5 - 10.)]



[40: Gregory of Tours (l. iii. c. 19, in tom. ii. p. 197) indulges his genius, or rather describes some more eloquent writer, in the description of Dijon; a castle, which already deserved the title of a city. It depended on the bishops of Langres till the twelfth century, and afterwards became the capital of the dukes of Burgundy Longuerue Description de la France, part i. p. 280.]



[41: The Epitomizer of Gregory of Tours (in tom. ii. p. 401) has supplied this number of Franks; but he rashly supposes that they were cut in pieces by Gundobald. The prudent Burgundian spared the soldiers of Clovis, and sent these captives to the king of the Visigoths, who settled them in the territory of Thoulouse.]



[42: In this Burgundian war I have followed Gregory of Tours, (l. ii. c. 32, 33, in tom. ii. p. 178, 179,) whose narrative appears so incompatible with that of Procopius, (de Bell. Goth. l. i. c. 12, in tom. ii. p. 31, 32,) that some critics have supposed two different wars. The Abbe Dubos (Hist. Critique, &c., tom. ii. p. 126 - 162) has distinctly represented the causes and the events.]



[43: See his life or legend, (in tom. iii. p. 402.) A martyr! how strangely has that word been distorted from its original sense of a common witness. St. Sigismond was remarkable for the cure of fevers]



[44: Before the end of the fifth century, the church of St. Maurice, and his Thebaean legion, had rendered Agaunum a place of devout pilgrimage. A promiscuous community of both sexes had introduced some deeds of darkness, which were abolished (A.D. 515) by the regular monastery of Sigismond. Within fifty years, his angels of light made a nocturnal sally to murder their bishop, and his clergy. See in the Bibliotheque Raisonnee (tom. xxxvi. p. 435 - 438) the curious remarks of a learned librarian of Geneva.]



[45: Marius, bishop of Avenche, (Chron. in tom. ii. p. 15,) has marked the authentic dates, and Gregory of Tours (l. iii. c. 5, 6, in tom. ii. p. 188, 189) has expressed the principal facts, of the life of Sigismond, and the conquest of Burgundy. Procopius (in tom. ii. p. 34) and Agathias (in tom. ii. p. 49) show their remote and imperfect knowledge.]



[46: Gregory of Tours (l. ii. c. 37, in tom. ii. p. 181) inserts the short but persuasive speech of Clovis. Valde moleste fero, quod hi Ariani partem teneant Galliarum, (the author of the Gesta Francorum, in tom. ii. p. 553, adds the precious epithet of optimam,) camus cum Dei adjutorio, et, superatis eis, redigamus terram in ditionem nostram.]



[47: Tunc rex projecit a se in directum Bipennem suam quod est Francisca, &c. (Gesta Franc. in tom. ii. p. 554.) The form and use of this weapon are clearly described by Procopius, (in tom. ii. p. 37.) Examples of its national appellation in Latin and French may be found in the Glossary of Ducange, and the large Dictionnaire de Trevoux.]



[48: It is singular enough that some important and authentic facts should be found in a Life of Quintianus, composed in rhyme in the old Patois of Rouergue, (Dubos, Hist. Critique, &c., tom. ii. p. 179.)]



[49: Quamvis fortitudini vestrae confidentiam tribuat parentum ves trorum innumerabilis multitudo; quamvis Attilam potentem reminiscamini Visigotharum viribus inclinatum; tamen quia populorum ferocia corda longa pace mollescunt, cavete subito in alean aleam mittere, quos constat tantis temporibus exercitia non habere. Such was the salutary, but fruitless, advice of peace of reason, and of Theodoric, (Cassiodor. l. iii. ep. 2.)]



[50: Montesquieu (Esprit des Loix, l. xv. c. 14) mentions and approves the law of the Visigoths, (l. ix. tit. 2, in tom. iv. p. 425,) which obliged all masters to arm, and send, or lead, into the field a tenth of their slaves.]



[51: This mode of divination, by accepting as an omen the first sacred words, which in particular circumstances should be presented to the eye or ear, was derived from the Pagans; and the Psalter, or Bible, was substituted to the poems of Homer and Virgil. From the fourth to the fourteenth century, these sortes sanctorum, as they are styled, were repeatedly condemned by the decrees of councils, and repeatedly practised by kings, bishops, and saints. See a curious dissertation of the Abbe du Resnel, in the Memoires de l'Academie, tom. xix. p. 287 - 310]



[52: After correcting the text, or excusing the mistake, of Procopius, who places the defeat of Alaric near Carcassone, we may conclude, from the evidence of Gregory, Fortunatus, and the author of the Gesta Francorum, that the battle was fought in campo Vocladensi, on the banks of the Clain, about ten miles to the south of Poitiers. Clovis overtook and attacked the Visigoths near Vivonne, and the victory was decided near a village still named Champagne St. Hilaire. See the Dissertations of the Abbe le Boeuf, tom. i. p. 304 - 331.]



[53: Angouleme 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 Abbe le Boeuf, Mem. de l'Academie, tom. xvii. p. 228-245) relates, in the allegorical character of a shepherd, the general history of his countrymen the Franks; but his narrative ends with the death of Clovis.]



[55: 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 followed by Rorico, electos milites, 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.)]



[56: 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 p. 3 - 5;) Procopius, (de Bell. Goth. l. i. c 12, in tom. ii. p. 32, 33;) Gregory of Tours, (l. ii. c. 35, 36, 37, in tom. ii. p. 181 - 183;) Jornandes, (de Reb. Geticis, c. 58, in tom. ii. p. 28;) Fortunatas, (in Vit. St. Hilarii, in tom. iii. p. 380;) Isidore, (in Chron. Goth. in tom. ii. p. 702;) the Epitome of Gregory of Tours, (in tom. ii. p. 401;) the author of the Gesta Francorum, (in tom. ii. p. 553 - 555;) the Fragments of Fredegarius, (in tom. ii. p. 463;) Aimoin, (l. i. c. 20, in tom. iii. p. 41, 42,) and Rorico, (l. iv. in tom. iii. p. 14 - 19.)]



[57: The Fasti of Italy would naturally reject a consul, the enemy of their sovereign; but any ingenious hypothesis that might explain the silence of Constantinople and Egypt, (the Chronicle of Marcellinus, and the Paschal,) is overturned by the similar silence of Marius, bishop of Avenche, who composed his Fasti in the kingdom of Burgundy. If the evidence of Gregory of Tours were less weighty and positive, (l. ii. c. 38, in tom. ii. p. 183,) I could believe that Clovis, like Odoacer, received the lasting title and honors of Patrician, (Pagi Critica, tom. ii. p. 474, 492.)]



[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, Mem. de l'Academie, tom. xxxvii. p. 471 - 475.]



[59: This strong declaration of Procopius (de Bell. Gothic. l. iii. cap. 33, in tom. ii. p. 41) would almost suffice to justify the Abbe Dubos.]



[60: The Franks, who probably used the mints of Treves, Lyons, and Arles, imitated the coinage of the Roman emperors of seventy-two solidi, or pieces, to the pound of gold. But as the Franks established only a decuple proportion 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 denarii, or silver three pences. 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, Traite Historique des Monnoyes de France, p. 36 - 43, &c.]



[61: Agathias, 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.]



[62: M. de Foncemagne has traced, in a correct and elegant dissertation, (Mem. de l'Academie, tom. viii. p. 505-528,) the extent and limits of the French monarchy.]



[63: The Abbe Dubos (Histoire Critique, tom. i. p. 29 - 36) has truly and agreeably represented the slow progress of these studies; and he observes, that Gregory of Tours was only once printed before the year 1560. According to the complaint 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 history of Gregory of Tours, and all the monuments of the Merovingian race, appear in a pure and perfect state, in the first four volumes of the Historians of France.]



[64: In the space of [about] 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. p. 15 - 49;) the learned ingenuity of the Abbe Dubos, (Histoire Critique de l'Etablissement de la Monarchie Francoise dans les Gaules, 2 vols. in 4to;) the comprehensive genius of the president de Montesquieu, (Esprit des Loix, particularly l. 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 learned 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.]



[66: 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 Pharamond. 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 Dissertation of Heinecties de Lege Salica, tom. iii. Sylloge iii. p. 247 - 267. Note: 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 Explanation of the Salic Law, Bremen, 1808, asserts that what is called the Lex Antiqua, or Vetustior in which many German words are mingled with the Latin, has no claim to superior antiquity, and may be suspected to be more modern. M. Wiarda has been opposed by M. Fuer bach, 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 Ripuarian in parallel columns. By E. A. I. Laspeyres, Halle, 1833. - M.]



[67: Eginhard, in Vit. 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. p. 151,) and the latter might be obeyed from the same forest to the Rhine, (tom. iv. p. 222.)]



[68: 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.]



[69: The Ripuarian law declares, and defines, this indulgence in favor of the plaintiff, (tit. xxxi. 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 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 a uniformity of law, as well as of faith. Note: It is the object of the important work of M. Savigny, Geschichte des Romisches Rechts in Mittelalter, to show the perpetuity of the Roman law from the 5th to the 12th century. - M.]



[A: The most complete collection of these codes is in the "Barbarorum leges antiquae," by P. Canciani, 5 vols. folio, Venice, 1781-9. - M.]



[70: Inter Romanos negotia causarum Romanis legibus praecipimus terminari. Such are the words of a general constitution promulgated by Clotaire, the son of Clovis, the sole monarch of the Franks (in tom. iv. p. 116) about the year 560.]



[71: This liberty of choice has been aptly deduced (Esprit des Loix, l. xxviii. 2) from the constitution of Lothaire I. (Leg. Langobard. l. ii. tit. lvii. in Codex Lindenbrog. p. 664;) though the example is too recent and partial. From a various reading in the Salic law, (tit. xliv. not. xlv.) the Abbe de Mably (tom. i. p. 290 - 293) has conjectured, that, at first, a Barbarian only, and afterwards any man, (consequently a Roman,) might live according to the law of the Franks. I am sorry to offend this ingenious conjecture by observing, that the stricter sense (Barbarum) is expressed in the reformed copy of Charlemagne; which is confirmed by the Royal and Wolfenbuttle MSS. The looser interpretation (hominem) is authorized only by the MS. of Fulda, from from whence Heroldus published his edition. See the four original texts of the Salic law in tom. iv. p. 147, 173, 196, 220. Note: Gibbon appears to have doubted the evidence on which this "liberty of choice" rested. His doubts have been confirmed by the researches of M. Savigny, who has not only confuted but traced with convincing sagacity the origin and progress of this error. As a general principle, though liable to some exceptions, each lived according to his native law. Romische Recht. vol. i. p. 123 - 138 - M. Note: This constitution of Lothaire at first related only to the duchy of Rome; it afterwards found its way into the Lombard code. Savigny. p. 138. - M.]



[72: In the heroic times of Greece, the guilt of murder was expiated by a pecuniary satisfaction to the family of the deceased, (Feithius Antiquitat. Homeric. l. ii. c. 8.) Heineccius, in his preface to the Elements of Germanic Law, favorably suggests, that at Rome and Athens homicide was only punished with exile. It is true: but exile was a capital punishment for a citizen of Rome or Athens.]



[73: This proportion is fixed by the Salic (tit. xliv. in tom. iv. p. 147) and the Ripuarian (tit. vii. xi. xxxvi. in tom. iv. p. 237, 241) laws: but the latter does not distinguish any difference of Romans. Yet the orders of the clergy are placed above the Franks themselves, and the Burgundians and Alemanni between the Franks and the Romans.]



[74: The Antrustiones, qui in truste Dominica sunt, leudi, fideles, undoubtedly represent the first order of Franks; but it is a question whether their rank was personal or hereditary. The Abbe de Mably (tom. i. p. 334 - 347) is not displeased to mortify the pride of birth (Esprit, l. xxx. c. 25) by dating the origin of the French nobility from the reign Clotaire II. (A.D. 615.)]



[75: See the Burgundian laws, (tit. ii. in tom. iv. p. 257,) the code of the Visigoths, (l. vi. tit. v. in tom. p. 384,) and the constitution of Childebert, not of Paris, but most evidently of Austrasia, (in tom. iv. p. 112.) Their premature severity was sometimes rash, and excessive. Childebert condemned not only murderers but robbers; quomodo sine lege involavit, sine lege moriatur; and even the negligent judge was involved in the same sentence. The Visigoths abandoned an unsuccessful surgeon to the family of his deceased patient, ut quod de eo facere voluerint habeant potestatem, (l. xi. tit. i. in tom. iv. p. 435.)]



[76: See, in the sixth volume of the works of Heineccius, the Elementa Juris Germanici, l. ii. p. 2, No. 261, 262, 280 - 283. Yet some vestiges of these pecuniary compositions for murder have been traced in Germany as late as the sixteenth century.]



[77: The whole subject of the Germanic judges, and their jurisdiction, is copiously treated by Heineccius, (Element. Jur. Germ. l. iii. No. 1 - 72.) I cannot find any proof that, under the Merovingian race, the scabini, or assessors, were chosen by the people. Note: The question of the scabini is treated at considerable length by Savigny. He questions the existence of the scabini anterior to Charlemagne. Before this time the decision was by an open court of the freemen, the boni Romische Recht, vol. i. p. 195. et seq. - M.]



[78: Gregor. Turon. l. viii. c. 9, in tom. ii. p. 316. Montesquieu observes, (Esprit des Loix. l. xxviii. c. 13,) that the Salic law did not admit these negative proofs so universally established in the Barbaric codes. Yet this obscure concubine (Fredegundis,) who became the wife of the grandson of Clovis, must have followed the Salic law.]



[79: Muratori, in the Antiquities of Italy, has given two Dissertations (xxxvii. xxxix.) on the judgments of God. It was expected that fire would not burn the innocent; and that the pure element of water would not allow the guilty to sink into its bosom.]



[80: Montesquieu (Esprit des Loix, l. xxviii. c. 17) has condescended to explain and excuse "la maniere de penser de nos peres," on the subject of judicial combats. He follows this strange institution from the age of Gundobald to that of St. Lewis; and the philosopher is some times lost in the legal antiquarian.]



[81: In a memorable duel at Aix-la-Chapelle, (A.D. 820,) before the emperor Lewis the Pious, his biographer observes, secundum legem propriam, utpote quia uterque Gothus erat, equestri pugna est, (Vit. Lud. Pii, c. 33, in tom. vi. p. 103.) Ermoldus Nigellus, (l. iii. 543 - 628, in tom. vi. p. 48 - 50,) who describes the duel, admires the ars nova of fighting on horseback, which was unknown to the Franks.]



[82: In his original edict, published at Lyons, (A.D. 501,) establishes and justifies the use of judicial combat,) Les Burgund. tit. xlv. in tom. ii. p. 267, 268.) Three hundred years afterwards, Agobard, bishop of Lyons, solicited Lewis the Pious to abolish the law of an Arian tyrant, (in tom. vi. p. 356 - 358.) He relates the conversation of Gundobald and Avitus.]



[83: "Accidit, (says Agobard,) ut non solum valentes viribus, sed etiam infirmi et senes lacessantur ad pugnam, etiam pro vilissimis rebus. Quibus foralibus certaminibus contingunt homicidia injusta; et crudeles ac perversi eventus judiciorum. Like a prudent rhetorician, he suppresses the legal privilege of hiring champions.]



[84: Montesquieu, (Esprit des Loix, xxviii. c. 14,) who understands why the judicial combat was admitted by the Burgundians, Ripuarians, Alemanni, Bavarians, Lombards, Thuringians, Frisons, and Saxons, is satisfied (and Agobard seems to countenance the assertion) that it was not allowed by the Salic law. Yet the same custom, at least in case of treason, is mentioned by Ermoldus, Nigellus (l. iii. 543, in tom. vi. p. 48,) and the anonymous biographer of Lewis the Pious, (c. 46, in tom. vi. p. 112,) as the "mos antiquus Francorum, more Francis solito," &c., expressions too general to exclude the noblest of their tribes.]



[85: Caesar de Bell. Gall. l. i. c. 31, in tom. i. p. 213.]



[86: 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 skillfully 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 neighborhood, 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.]



[B: Sismondi (Hist des Francais, vol. i. p. 197) observes, they were not a conquering people, who had emigrated with their families, like the Goths or Burgundians. The women, the children, the old, had not followed Clovis: they remained in their ancient possessions on the Waal and the Rhine. The adventurers alone had formed the invading force, and they always considered themselves as an army, not as a colony. Hence their laws retained no traces of the partition of the Roman properties. It is curious to observe the recoil from the national vanity of the French historians of the last century. M. Sismondi compares the position of the Franks with regard to the conquered people with that of the Dey of Algiers and his corsair troops to the peaceful inhabitants of that province: M. Thierry (Lettres sur l'Histoire de France, p. 117) with that of the Turks towards the Raias or Phanariotes, the mass of the Greeks. - M.]



[87: It is singular enough that the president de Montesquieu (Esprit des Loix, l. xxx. c. 7) and the Abbe de Mably (Observations, tom i. p. 21, 22) agree in this strange supposition of arbitrary and private rapine. The Count de Boulainvilliers (Etat de la France, tom. i. p. 22, 23) shows a strong understanding through a cloud of ignorance and prejudice. Note: Sismondi supposes that the Barbarians, if a farm were conveniently situated, would show no great respect for the laws of property; but in general there would have been vacant land enough for the lots assigned to old or worn-out warriors, (Hist. des Francais, vol. i. p. 196.) - M.]



[88: See the rustic edict, or rather code, of Charlemagne, which contains seventy distinct and minute regulations of that great monarch (in tom. v. p. 652 - 657.) He requires an account of the horns and skins of the goats, allows his fish to be sold, and carefully directs, that the larger villas (Capitaneoe) shall maintain one hundred hens and thirty geese; and the smaller (Mansionales) fifty hens and twelve geese. Mabillon (de Re Diplomatica) has investigated the names, the number, and the situation of the Merovingian villas.]



[C: The resumption of benefices at the pleasure of the sovereign, (the general theory down to his time,) is ably contested by Mr. Hallam; "for this resumption some delinquency must be imputed to the vassal." Middle Ages, vol. i. p. 162. The reader will be interested by the singular analogies with the beneficial and feudal system of Europe in a remote part of the world, indicated by Col. Tod in his splendid work on Raja'sthan, vol. ii p. 129, &c. - M.]



[89: From a passage of the Burgundian law (tit. i. No. 4, in tom. iv. p. 257) it is evident, that a deserving son might expect to hold the lands which his father had received from the royal bounty of Gundobald. The Burgundians would firmly maintain their privilege, and their example might encourage the Beneficiaries of France.]



[90: The revolutions of the benefices and fiefs are clearly fixed by the Abbe de Mably. His accurate distinction of times gives him a merit to which even Montesquieu is a stranger.]



[91: See the Salic law, (tit. lxii. in tom. iv. p. 156.) The origin and nature of these Salic lands, which, in times of ignorance, were perfectly understood, now perplex our most learned and sagacious critics. Note: No solution seems more probable, than that the ancient lawgivers of the Salic Franks prohibited females from inheriting the lands assigned to the nation, upon its conquest of Gaul, both in compliance with their ancient usages, and in order to secure the military service of every proprietor. But lands subsequently acquired by purchase or other means, though equally bound to the public defence, were relieved from the severity of this rule, and presumed not to belong to the class of Sallic. Hallam's Middle Ages, vol. i. p. 145. Compare Sismondi, vol. i. p. 196. - M.]



[92: Many of the two hundred and six miracles of St. Martin (Greg Turon. in Maxima Bibliotheca Patrum, tom. xi. p. 896 - 932) were repeatedly performed to punish sacrilege. Audite haec omnes (exclaims the bishop of Tours) protestatem habentes, after relating, how some horses ran mad, that had been turned into a sacred meadow.]



[93: Heinec. Element. Jur. German. l. ii. p. 1, No. 8.]



[94: Jonas, bishop of Orleans, (A.D. 821 - 826. Cave, Hist. Litteraria, p. 443,) censures the legal tyranny of the nobles. Pro feris, quas cura hominum non aluit, sed Deus in commune mortalibus ad utendum concessit, pauperes a potentioribus spoliantur, flagellantur, ergastulis detruduntur, et multa alia patiuntur. Hoc enim qui faciunt, lege mundi se facere juste posse contendant. De Institutione Laicorum, l. ii. c. 23, apud Thomassin, Discipline de l'Eglise, tom. iii. p. 1348.]



[95: On a mere suspicion, Chundo, a chamberlain of Gontram, king of Burgundy, was stoned to death, (Greg. Turon. l. x. c. 10, in tom. ii. p. 369.) John of Salisbury (Policrat. l. i. 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.]



[96: 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: 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: 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: 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.]



[100: 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: 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: 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: 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; 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: 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: 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.]



[107: The story of Attalus is related by Gregory of Tours, (l. iii. c. 16, tom. ii. p. 193 - 195.) His editor, the P. Ruinart, confounds this Attalus, who was a youth (puer) in the year 532, with a friend of Silonius of the same name, who was count of Autun, fifty or sixty years before. Such an error, which cannot be imputed to ignorance, is excused, in some degree, by its own magnitude.]



[108: This Gregory, the great grandfather of Gregory of Tours, (in tom. ii. p. 197, 490,) lived ninety-two years; of which he passed forty as count of Autun, and thirty-two as bishop of Langres. According to the poet Fortunatus, he displayed equal merit in these different stations. Nobilis antiqua decurrens prole parentum, Nobilior gestis, nunc super astra manet. Arbiter ante ferox, dein pius ipse sacerdos, Quos domuit judex, fovit amore patris.]



[109: As M. de Valois, and the P. Ruinart, are determined to change the Mosella of the text into Mosa, it becomes me to acquiesce in the alteration. Yet, after some examination of the topography. I could defend the common reading.]



[110: The parents of Gregory (Gregorius Florentius Georgius) were of noble extraction, (natalibus ... illustres,) and they possessed large estates (latifundia) both in Auvergne and Burgundy. He was born in the year 539, was consecrated bishop of Tours in 573, and died in 593 or 595, soon after he had terminated his history. See his life by Odo, abbot of Clugny, (in tom. ii. p. 129 - 135,) and a new Life in the Memoires de l'Academie, &c., tom. xxvi. p. 598 - 637.]



[111: Decedente atque immo potius pereunte ab urbibus Gallicanis liberalium cultura literarum, &c., (in praefat. in tom. ii. p. 137,) is the complaint of Gregory himself, which he fully verifies by his own work. His style is equally devoid of elegance and simplicity. In a conspicuous station, he still remained a stranger to his own age and country; and in a prolific work (the five last books contain ten years) he has omitted almost every thing that posterity desires to learn. I have tediously acquired, by a painful perusal, the right of pronouncing this unfavorable sentence]



[112: The Abbe de Mably (tom. p. i. 247 - 267) has diligently confirmed this opinion of the President de Montesquieu, (Esprit des Loix, l. xxx. c. 13.)]



[113: See Dubos, Hist. Critique de la Monarchie Francoise, tom. ii. l. vi. c. 9, 10. The French antiquarians establish as a principle, that the Romans and Barbarians may be distinguished by their names. Their names undoubtedly form a reasonable presumption; yet in reading Gregory of Tours, I have observed Gondulphus, of Senatorian, or Roman, extraction, (l. vi. c. 11, in tom. ii. p. 273,) and Claudius, a Barbarian, (l. vii. c. 29, p. 303.)]



[114: Eunius Mummolus is repeatedly mentioned by Gregory of Tours, from the fourth (c. 42, p. 224) to the seventh (c. 40, p. 310) book. The computation by talents is singular enough; but if Gregory attached any meaning to that obsolete word, the treasures of Mummolus must have exceeded 100,000l. sterling.]



[115: See Fleury, Discours iii. sur l'Histoire Ecclesiastique.]



[116: The bishop of Tours himself has recorded the complaint of Chilperic, the grandson of Clovis. Ecce pauper remansit Fiscus noster; ecce divitiae nostrae ad ecclesias sunt translatae; nulli penitus nisi soli Episcopi regnant, (l. vi. c. 46, in tom. ii. p. 291.)]



[117: See the Ripuarian Code, (tit. xxxvi in tom. iv. p. 241.) The Salic law does not provide for the safety of the clergy; and we might suppose, on the behalf of the more civilized tribe, that they had not foreseen such an impious act as the murder of a priest. Yet Praetextatus, archbishop of Rouen, was assassinated by the order of Queen Fredegundis before the altar, (Greg. Turon. l. viii. c. 31, in tom. ii. p. 326.)]



[118: M. Bonamy (Mem. de l'Academie des Inscriptions, tom. xxiv. p. 582 - 670) has ascertained the Lingua Romana Rustica, which, through the medium of the Romance, has gradually been polished into the actual form of the French language. Under the Carlovingian race, the kings and nobles of France still understood the dialect of their German ancestors.]



[119: Ce beau systeme a ete trouve dans les bois. Montesquieu, Esprit des Loix, l. xi. c. 6.]



[120: See the Abbe de Mably. Observations, &c., tom. i. p. 34 - 56. It should seem that the institution of national assemblies, which are with the French nation, has never been congenial to its temper.]



[121: Gregory of Tours (l. viii. c. 30, in tom. ii. p. 325, 326) relates, with much indifference, the crimes, the reproof, and the apology. Nullus Regem metuit, nullus Ducem, nullus Comitem reveretur; et si fortassis alicui ista displicent, et ea, pro longaevitate vitae vestrae, emendare conatur, statim seditio in populo, statim tumultus exoritur, et in tantum unusquisque contra seniorem saeva intentione grassatur, ut vix se credat evadere, si tandem silere nequiverit.]



[D: This remarkable passage was published in 1779 - M.]



[122: Spain, in these dark ages, has been peculiarly unfortunate. The Franks had a Gregory of Tours; the Saxons, or Angles, a Bede; the Lombards, a Paul Warnefrid, &c. But the history of the Visigoths is contained in the short and imperfect Chronicles of Isidore of Seville and John of Biclar]



[123: Such are the complaints of St. Boniface, the apostle of Germany, and the reformer of Gaul, (in tom. iv. p. 94.) The fourscore years, which he deplores, of license and corruption, would seem to insinuate that the Barbarians were admitted into the clergy about the year 660.]



[124: The acts of the councils of Toledo are still the most authentic records of the church and constitution of Spain. The following passages are particularly important, (iii. 17, 18; iv. 75; v. 2, 3, 4, 5, 8; vi. 11, 12, 13, 14, 17, 18; vii. 1; xiii. 2 3 6.) I have found Mascou (Hist. of the Ancient Germans, xv. 29, and Annotations, xxvi. and xxxiii.) and Ferreras (Hist. Generale de l'Espagne, tom. ii.) very useful and accurate guides.]



[125: The Code of the Visigoths, regularly divided into twelve books, has been correctly published by Dom Bouquet, (in tom. iv. p. 273 - 460.) It has been treated by the President de Montesquieu (Esprit des Loix, l. xxviii. c. 1) with excessive severity. I dislike the style; I detest the superstition; but I shall presume to think, that the civil jurisprudence displays a more civilized and enlightened state of society, than that of the Burgundians, or even of the Lombards.]



[126: See Gildas de Excidio Britanniae, c. 11 - 25, p. 4 - 9, edit. Gale. Nennius, Hist. Britonum, c. 28, 35 - 65, p. 105 - 115, edit. Gale. Bede, Hist. Ecclesiast. Gentis Angloruml. i. c. 12 - 16, p. 49 - 53. c. 22, p. 58, edit. Smith. Chron. Saxonicum, p. 11 - 23, &c., edit. Gibson. The Anglo-Saxon laws were published by Wilkins, London, 1731, in folio; and the Leges Wallicae, by Wotton and Clarke, London, 1730, in folio.]



[127: The laborious Mr. Carte, and the ingenious Mr. Whitaker, are the two modern writers to whom I am principally indebted. The particular historian of Manchester embraces, under that obscure title, a subject almost as extensive as the general history of England. Note: Add the Anglo-Saxon History of Mr. S. Turner; and Sir F. Palgrave Sketch of the "Early History of England." - M.]



[128: This invitation, which may derive some countenance from the loose expressions of Gildas and Bede, is framed into a regular story by Witikind, a Saxon monk of the tenth century, (see Cousin, Hist. de l'Empire d'Occident, tom. ii. p. 356.) Rapin, and even Hume, have too freely used this suspicious evidence, without regarding the precise and probable testimony of Tennius: Iterea venerunt tres Chinlae a exilio pulsoe, in quibus erant Hors et Hengist.]



[129: Nennius imputes to the Saxons the murder of three hundred British chiefs; a crime not unsuitable to their savage manners. But we are not obliged to believe (see Jeffrey of Monmouth, l. viii. c. 9 - 12) that Stonehenge is their monument, which the giants had formerly transported from Africa to Ireland, and which was removed to Britain by the order of Ambrosius, and the art of Merlin. Note: Sir f. Palgrave (Hist. of England, p. 36) is inclined to resolve the whole of these stories, as Niebuhr the older Roman history, into poetry. To the editor they appeared, in early youth, so essentially poetic, as to justify the rash attempt to embody them in an Epic Poem, called Samor, commenced at Eton, and finished before he had arrived at the maturer taste of manhood. - M.]



[130: All these tribes are expressly enumerated by Bede, (l. i. c. 15, p. 52, l. v. c. 9, p. 190;) and though I have considered Mr. Whitaker's remarks, (Hist. of Manchester, vol. ii. p. 538 - 543,) I do not perceive the absurdity of supposing that the Frisians, &c., were mingled with the Anglo-Saxons.]



[E: This term (the Heptarchy) must be rejected because an idea is conveyed thereby which is substantially wrong. At no one period were there ever seven kingdoms independent of each other. Palgrave, vol. i. p. 46. Mr. Sharon Turner has the merit of having first confuted the popular notion on this subject. Anglo-Saxon History, vol. i. p. 302. - M.]



[131: Bede has enumerated seven kings, two Saxons, a Jute, and four Angles, who successively acquired in the heptarchy an indefinite supremacy of power and renown. But their reign was the effect, not of law, but of conquest; and he observes, in similar terms, that one of them subdued the Isles of Man and Anglesey; and that another imposed a tribute on the Scots and Picts. (Hist. Eccles. l. ii. c. 5, p. 83.)]



[132: See Gildas de Excidio Britanniae, c. i. p. l. edit. Gale.]



[133: Mr. Whitaker (Hist. of Manchester, vol. ii. p. 503, 516) has smartly exposed this glaring absurdity, which had passed unnoticed by the general historians, as they were hastening to more interesting and important events]



[134: At Beran-birig, or Barbury-castle, near Marlborough. The Saxon chronicle assigns the name and date. Camden (Britannia, vol. i. p. 128) ascertains the place; and Henry of Huntingdon (Scriptores pest Bedam, p. 314) relates the circumstances of this battle. They are probable and characteristic; and the historians of the twelfth century might consult some materials that no longer exist.]



[135: Cornwall was finally subdued by Athelstan, (A.D. 927 - 941,) who planted an English colony at Exeter, and confined the Britons beyond the River Tamar. See William of Malmsbury, l. ii., in the Scriptores post Bedam, p. 50. The spirit of the Cornish knights was degraded by servitude: and it should seem, from the Romance of Sir Tristram, that their cowardice was almost proverbial.]



[136: The establishment of the Britons in Gaul is proved in the sixth century, by Procopius, Gregory of Tours, the second council of Tours, (A.D. 567,) and the least suspicious of their chronicles and lives of saints. The subscription of a bishop of the Britons to the first council of Tours, (A.D. 461, or rather 481,) the army of Riothamus, and the loose declamation of Gildas, (alii transmarinas petebant regiones, c. 25, p. 8,) may countenance an emigration as early as the middle of the fifth century. Beyond that era, the Britons of Armorica can be found only in romance; and I am surprised that Mr. Whitaker (Genuine History of the Britons, p. 214 - 221) should so faithfully transcribe the gross ignorance of Carte, whose venial errors he has so rigorously chastised.]



[137: The antiquities of Bretagne, which have been the subject even of political controversy, are illustrated by Hadrian Valesius, (Notitia Galliarum, sub voce Britannia Cismarina, p. 98 - 100.) M. D'Anville, (Notice de l'Ancienne Gaule, Corisopiti, Curiosolites, Osismii, Vorganium, p. 248, 258, 508, 720, and Etats de l'Europe, p. 76 - 80,) Longuerue, (Description de la France, tom. i. p. 84 - 94,) and the Abbe de Vertot, (Hist. Critique de l'Etablissement des Bretons dans les Gaules, 2 vols. in 12 mo., Paris, 1720.) I may assume the merit of examining the original evidence which they have produced. Note: Compare Gallet, Memoires sur la Bretagne, and Daru, Histoire de Bretagne. These authors appear to me to establish the point of the independence of Bretagne at the time that the insular Britons took refuge in their country, and that the greater part landed as fugitives rather than as conquerors. I observe that M. Lappenberg (Geschichte von England, vol. i. p. 56) supposes the settlement of a military colony formed of British soldiers, (Milites limitanei, laeti,) during the usurpation of Maximus, (381, 388,) who gave their name and peculiar civilization to Bretagne. M. Lappenberg expresses his surprise that Gibbon here rejects the authority which he follows elsewhere. - M.]



[138: Bede, who in his chronicle (p. 28) places Ambrosius under the reign of Zeno, (A.D. 474 - 491,) observes, that his parents had been "purpura induti;" which he explains, in his ecclesiastical history, by "regium nomen et insigne ferentibus," (l. i. c. 16, p. 53.) The expression of Nennius (c. 44, p. 110, edit. Gale) is still more singular, "Unus de consulibus gentis Romanicae est pater meus."]



[139: By the unanimous, though doubtful, conjecture of our antiquarians, Ambrosius is confounded with Natanleod, who (A.D. 508) lost his own life, and five thousand of his subjects, in a battle against Cerdic, the West Saxon, (Chron. Saxon. p. 17, 18.)]



[140: As I am a stranger to the Welsh bards, Myrdhin, Llomarch, and Taliessin, my faith in the existence and exploits of Arthur principally rests on the simple and circumstantial testimony of Nennius. (Hist. Brit. c. 62, 63, p. 114.) Mr. Whitaker, (Hist. of Manchester, vol. ii. p. 31 - 71) had framed an interesting, and even probable, narrative of the wars of Arthur: though it is impossible to allow the reality of the round table. Note: I presume that Gibbon means Llywarch Hen, or the Aged. - The Elegies of this Welsh prince and bard have been published by Mr. Owen; to whose works and in the Myvyrian Archaeology, slumbers much curious information on the subject of Welsh tradition and poetry. But the Welsh antiquarians have never obtained a hearing from the public; they have had no Macpherson to compensate for his corruption of their poetic legends by forcing them into popularity. - See also Mr. Sharon Turner's Essay on the Welsh Bards. - M.]



[141: The progress of romance, and the state of learning, in the middle ages, are illustrated by Mr. Thomas Warton, with the taste of a poet, and the minute diligence of an antiquarian. I have derived much instruction from the two learned dissertations prefixed to the first volume of his History of English Poetry. Note: These valuable dissertations should not now be read without the notes and preliminary essay of the late editor, Mr. Price, which, in point of taste and fulness of information, are worthy of accompanying and completing those of Warton. - M.]



[142: Hoc anno (490) Aella et Cissa obsederunt Andredes-Ceaster; et interfecerunt omnes qui id incoluerunt; adeo ut ne unus Brito ibi superstes fuerit, (Chron. Saxon. p. 15;) an expression more dreadful in its simplicity, than all the vague and tedious lamentations of the British Jeremiah.]



[143: Andredes-Ceaster, or Anderida, is placed by Camden (Britannia, vol. i. p. 258) at Newenden, in the marshy grounds of Kent, which might be formerly covered by the sea, and on the edge of the great forest (Anderida) which overspread so large a portion of Hampshire and Sussex.]



[144: Dr. Johnson affirms, that few English words are of British extraction. Mr. Whitaker, who understands the British language, has discovered more than three thousand, and actually produces a long and various catalogue, (vol. ii. p. 235 - 329.) It is possible, indeed, that many of these words may have been imported from the Latin or Saxon into the native idiom of Britain. Note: Dr. Prichard's very curious researches, which connect the Celtic, as well as the Teutonic languages with the Indo-European class, make it still more difficult to decide between the Celtic or Teutonic origin of English words. - See Prichard on the Eastern Origin of the Celtic Nations Oxford, 1831. - M.]



[145: In the beginning of the seventh century, the Franks and the Anglo-Saxons mutually understood each other's language, which was derived from the same Teutonic root, (Bede, l. i. c. 25, p. 60.)]



[146: After the first generation of Italian, or Scottish, missionaries, the dignities of the church were filled with Saxon proselytes.]



[147: Carte's History of England, vol. i. p. 195. He quotes the British historians; but I much fear, that Jeffrey of Monmouth (l. vi. c. 15) is his only witness.]



[148: Bede, Hist. Ecclesiast. l. i. c. 15, p. 52. The fact is probable, and well attested: yet such was the loose intermixture of the German tribes, that we find, in a subsequent period, the law of the Angli and Warini of Germany, (Lindenbrog. Codex, p. 479 - 486.)]



[149: See Dr. Henry's useful and laborious History of Great Britain, vol. ii. p. 388.]



[150: Quicquid (says John of Tinemouth) inter Tynam et Tesam fluvios extitit, sola eremi vastitudo tunc temporis fuit, et idcirco nullius ditioni servivit, eo quod sola indomitorum et sylvestrium animalium spelunca et habitatio fuit, (apud Carte, vol. i. p. 195.) From bishop Nicholson (English Historical Library, p. 65, 98) I understand that fair copies of John of Tinemouth's ample collections are preserved in the libraries of Oxford, Lambeth, &c.]



[151: See the mission of Wilfrid, &c., in Bede, Hist. Eccles. l. iv. c. 13, 16, p. 155, 156, 159.]



[152: From the concurrent testimony of Bede (l. ii. c. 1, p. 78) and William of Malmsbury, (l. iii. p. 102,) it appears, that the Anglo- Saxons, from the first to the last age, persisted in this unnatural practice. Their youths were publicly sold in the market of Rome.]



[153: According to the laws of Ina, they could not be lawfully sold beyond the seas.]



[154: The life of a Wallus, or Cambricus, homo, who possessed a hyde of land, is fixed at 120 shillings, by the same laws (of Ina, tit. xxxii. in Leg. Anglo-Saxon. p. 20) which allowed 200 shillings for a free Saxon, 1200 for a Thane, (see likewise Leg. Anglo-Saxon. p. 71.) We may observe, that these legislators, the West Saxons and Mercians, continued their British conquests after they became Christians. The laws of the four kings of Kent do not condescend to notice the existence of any subject Britons.]



[155: See Carte's Hist. of England, vol. i. p. 278.]



[156: At the conclusion of his history, (A.D. 731,) Bede describes the ecclesiastical state of the island, and censures the implacable, though impotent, hatred of the Britons against the English nation, and the Catholic church, (l. v. c. 23, p. 219.)]



[157: Mr. Pennant's Tour in Wales (p. 426 - 449) has furnished me with a curious and interesting account of the Welsh bards. In the year 1568, a session was held at Caerwys by the special command of Queen Elizabeth, and regular degrees in vocal and instrumental music were conferred on fifty-five minstrels. The prize (a silver harp) was adjudged by the Mostyn family.]



[158: Regio longe lateque diffusa, milite, magis quam credibile sit, referta. Partibus equidem in illis miles unus quinquaginta generat, sortitus more barbaro denas aut amplius uxores. This reproach of William of Poitiers (in the Historians of France, tom. xi. p. 88) is disclaimed by the Benedictine editors.]



[159: Giraldus Cambrensis confines this gift of bold and ready eloquence to the Romans, the French, and the Britons. The malicious Welshman insinuates that the English taciturnity might possibly be the effect of their servitude under the Normans.]



[160: The picture of Welsh and Armorican manners is drawn from Giraldus, (Descript. Cambriae, c. 6 - 15, inter Script. Camden. p. 886 - 891,) and the authors quoted by the Abbe de Vertot, (Hist. Critique tom. ii. p. 259 - 266.)]



[161: See Procopius de Bell. Gothic. l. iv. c. 20, p. 620 - 625. The Greek historian is himself so confounded by the wonders which he relates, that he weakly attempts to distinguish the islands of Britia and Britain, which he has identified by so many inseparable circumstances.]



[162: Theodebert, grandson of Clovis, and king of Austrasia, was the most powerful and warlike prince of the age; and this remarkable adventure may be placed between the years 534 and 547, the extreme terms of his reign. His sister Theudechildis retired to Sens, where she founded monasteries, and distributed alms, (see the notes of the Benedictine editors, in tom. ii. p. 216.) If we may credit the praises of Fortunatus, (l. vi. carm. 5, in tom. ii. p. 507,) Radiger was deprived of a most valuable wife.]



[163: Perhaps she was the sister of one of the princes or chiefs of the Angles, who landed in 527, and the following years, between the Humber and the Thames, and gradually founded the kingdoms of East Anglia and Mercia. The English writers are ignorant of her name and existence: but Procopius may have suggested to Mr. Rowe the character and situation of Rodogune in the tragedy of the Royal Convert.]



[164: In the copious history of Gregory of Tours, we cannot find any traces of hostile or friendly intercourse between France and England except in the marriage of the daughter of Caribert, king of Paris, quam regis cujusdam in Cantia filius matrimonio copulavit, (l. ix. c. 28, in tom. ii. p. 348.) The bishop of Tours ended his history and his life almost immediately before the conversion of Kent.]



[165: Such are the figurative expressions of Plutarch, (Opera, tom. ii. p. 318, edit. Wechel,) to whom, on the faith of his son Lamprias, (Fabricius, Bibliot. Graec. tom. iii. p. 341,) I shall boldly impute the malicious declamation. The same opinions had prevailed among the Greeks two hundred and fifty years before Plutarch; and to confute them is the professed intention of Polybius, (Hist. l. i. p. 90, edit. Gronov. Amstel. 1670.)]



[166: See the inestimable remains of the sixth book of Polybius, and many other parts of his general history, particularly a digression in the seventeenth book, in which he compares the phalanx and the legion.]



[167: Sallust, de Bell. Jugurthin. c. 4. Such were the generous professions of P. Scipio and Q. Maximus. The Latin historian had read and most probably transcribes, Polybius, their contemporary and friend.]



[168: While Carthage was in flames, Scipio repeated two lines of the Iliad, which express the destruction of Troy, acknowledging to Polybius, his friend and preceptor, (Polyb. in Excerpt. de Virtut. et Vit. tom. ii. p. 1455 - 1465,) that while he recollected the vicissitudes of human affairs, he inwardly applied them to the future calamities of Rome, (Appian. in Libycis, p. 136, edit. Toll.)]



[169: See Daniel, ii. 31 - 40. "And the fourth kingdom shall be strong as iron; forasmuch as iron breaketh in pieces and subdueth all things." The remainder of the prophecy (the mixture of iron and clay) was accomplished, according to St. Jerom, in his own time. Sicut enim in principio nihil Romano Imperio fortius et durius, ita in fine rerum nihil imbecillius; quum et in bellis civilibus et adversus diversas nationes, aliarum gentium barbararum auxilio indigemus, (Opera, tom. v. p. 572.)]



[F: It might be a curious speculation, how far the purer morals of the genuine and more active Christians may have compensated, in the population of the Roman empire, for the secession of such numbers into inactive and unproductive celibacy. - M.]



[170: The French and English editors of the Genealogical History of the Tartars have subjoined a curious, though imperfect, description, of their present state. We might question the independence of the Calmucks, or Eluths, since they have been recently vanquished by the Chinese, who, in the year 1759, subdued the Lesser Bucharia, and advanced into the country of Badakshan, near the source of the Oxus, (Memoires sur les Chinois, tom. i. p. 325 - 400.) But these conquests are precarious, nor will I venture to insure the safety of the Chinese empire.]



[171: The prudent reader will determine how far this general proposition is weakened by the revolt of the Isaurians, the independence of Britain and Armorica, the Moorish tribes, or the Bagaudae of Gaul and Spain, (vol. i. p. 328, vol. iii. p. 315, vol. iii. p. 372, 480.)]



[172: America now contains about six millions of European blood and descent; and their numbers, at least in the North, are continually increasing. Whatever may be the changes of their political situation, they must preserve the manners of Europe; and we may reflect with some pleasure, that the English language will probably be diffused ever an immense and populous continent.]



[173: On avoit fait venir (for the siege of Turin) 140 pieces de canon; et il est a remarquer que chaque gros canon monte revient a environ ecus: il y avoit 100,000 boulets; 106,000 cartouches d'une facon, et 300,000 d'une autre; 21,000 bombes; 27,700 grenades, 15,000 sacs a terre, 30,000 instruments pour la pionnage; 1,200,000 livres de poudre. Ajoutez a ces munitions, le plomb, le fer, et le fer-blanc, les cordages, tout ce qui sert aux mineurs, le souphre, le salpetre, les outils de toute espece. Il est certain que les frais de tous ces preparatifs de destruction suffiroient pour fonder et pour faire fleurir la plus aombreuse colonie. Voltaire, Siecle de Louis XIV. c. xx. in his Works. tom. xi. p. 391.]



[174: It would be an easy, though tedious, task, to produce the authorities of poets, philosophers, and historians. I shall therefore content myself with appealing to the decisive and authentic testimony of Diodorus Siculus, (tom. i. l. i. p. 11, 12, l. iii. p. 184, &c., edit. Wesseling.) The Icthyophagi, who in his time wandered along the shores of the Red Sea, can only be compared to the natives of New Holland, (Dampier's Voyages, vol. i. p. 464 - 469.) Fancy, or perhaps reason, may still suppose an extreme and absolute state of nature far below the level of these savages, who had acquired some arts and instruments.]



[175: See the learned and rational work of the president Goguet, de l'Origine des Loix, des Arts, et des Sciences. He traces from facts, or conjectures, (tom. i. p. 147 - 337, edit. 12mo.,) the first and most difficult steps of human invention.]



[176: It is certain, however strange, that many nations have been ignorant of the use of fire. Even the ingenious natives of Otaheite, who are destitute of metals, have not invented any earthen vessels capable of sustaining the action of fire, and of communicating the heat to the liquids which they contain.]



[177: Plutarch. Quaest. Rom. in tom. ii. p. 275. Macrob. Saturnal. l. i. c. 8, p. 152, edit. London. The arrival of Saturn (of his religious worship) in a ship, may indicate, that the savage coast of Latium was first discovered and civilized by the Phoenicians.]



[178: In the ninth and tenth books of the Odyssey, Homer has embellished the tales of fearful and credulous sailors, who transformed the cannibals of Italy and Sicily into monstrous giants.]



[179: The merit of discovery has too often been stained with avarice, cruelty, and fanaticism; and the intercourse of nations has produced the communication of disease and prejudice. A singular exception is due to the virtue of our own times and country. The five great voyages, successively undertaken by the command of his present Majesty, were inspired by the pure and generous love of science and of mankind. The same prince, adapting his benefactions to the different stages of society, has founded his school of painting in his capital; and has introduced into the islands of the South Sea the vegetables and animals most useful to human life.]

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