Personal servitude Plebeian transgressors were legally chastised with stripes and imprisonment; 100 but, in an age which admitted a slight composition for the life of a citizen, it was a capital crime to destroy a stag or a wild bull within the precincts of the royal forests. 101 According to the maxims of ancient war, the conqueror became the lawful master of the enemy whom he had subdued and spared; 102 and the fruitful cause of personal slavery, which had been almost suppressed by the peaceful sovereignty of Rome, was again revived and multiplied by the perpetual hostilities of the independent Barbarians. The Goth, the Burgundian, or the Frank, who returned from a successful expedition, dragged after him a long train of sheep, of oxen, and of human captives, whom he treated with the same brutal contempt. The youths of an elegant form and ingenuous aspect were set apart for the domestic service: a doubtful situation, which alternately exposed them to the favourable or cruel impulse of passion. The useful mechanics and servants (smiths, carpenters, tailors, shoemakers, cooks, gardeners, dyers, and workmen in gold and silver, &c.) employed their skill for the use or profit of their master. But the Roman captives who were destitute of art, but capable of labour, were condemned, without regard to their former rank, to tend the cattle and cultivate the lands of the Barbarians. The number of the hereditary bondsmen who were attached to the Gallic estates was continually increased by new supplies; and the servile people, according to the situation and temper of their lords, was sometimes raised by precarious indulgence, and more frequently depressed by capricious despotism.103 An absolute power of life and death was exercised 100 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, 1. ii. c. 23, apud Thomassin, Discipline de l'Eglise, tom. iii. p. 1348. 101 On a mere suspicion, Chundo, a chamberlain of Gontran, king of Burgundy, was stoned to death (Greg. Turon. 1. x. c. 10, in tom. ii. p. 369). John of Salisbury (Policrat. 1. i. c. 4) asserts the rights of nature, and exposes the cruel practice of the twelfth century. See Heineccius, Elem. Jur. Germ. I. ii. p. 1, No. 51-57. 102 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, 1. iii. c. 7), as well as his commentator Barbeyrac, have laboured to reconcile it with the laws of nature and reason. 103 The state, professions, &c. of the German, Italian, and Gallic slaves, during the middle ages, are explained by Heineccius (Element. Jur. Germ. 1. i. No. 28-47). Muratori (Dissertat. xiv. xv.), Ducange (Gloss. sub voce Servi), and the Abbé de Mably (Observations, tom. ii. p. 3, &c. p. 237, &c.). by these lords; and, when they married their daughters, a train of useful servants, chained on the waggons to prevent their escape, was sent as a nuptial present into a distant country.104 The majesty of the Roman laws protected the liberty of each citizen, against the rash effects of his own distress or despair. But the subjects of the Merovingian kings might alienate their personal freedom; and this act of legal suicide, which was familiarly practised, is expressed in terms most disgraceful and afflicting to the dignity of human nature. 105 The example of the poor, who purchased life by the sacrifice of all that can render life desirable, was gradually imitated by the feeble and the devout, who, in times of public disorder, pusillanimously crowded to shelter themselves under the battlements of a powerful chief, and around the shrine of a popular saint. Their submission was accepted by these temporal, or spiritual, patrons; and the hasty transaction irrecoverably fixed their own condition, and that of their latest posterity. From the reign of Clovis, during five successive centuries, the laws and manners of Gaul uniformly tended to promote the increase, and to confirm the duration, of personal servitude. Time and violence almost obliterated the intermediate ranks of society, and left an obscure and narrow interval between the noble and the slave. This arbitrary and recent division has been transformed by pride and prejudice into a national distinction, universally established by the arms and the laws of the Merovingians. The nobles, who claimed their genuine, or fabulous, descent from the independent and victorious Franks, have asserted, and abused, the indefeasible right of conquest, over a prostrate crowd of slaves and plebeians, to whom they imputed the imaginary disgrace of a Gallic, or Roman, extraction. Auvergne The general state and revolutions of France, a name which Example was imposed by the conquerors, may be illustrated by the particular example of a province, a diocese, or a senatorial family. Auvergne had formerly maintained a just pre-eminence among the independent states and cities of Gaul. The brave and 104 Gregory of Tours (1. 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 neighbourhood of Paris, were forcibly sent away into Spain. 105 Licentiam habeatis mihi qualemcunque volueritis disciplinam ponere; vel venumdare, aut quod vobis placuerit de me facere. Marculf. Formul. 1. 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 (1. vii. c. 45, in tom. ii. p. 311) speaks of many persons who sold themselves for bread in a great famine. numerous inhabitants displayed a singular trophy: the sword of Cæsar himself, which he had lost when he was repulsed before the walls of Gergovia.106 As the common offspring of Troy, they claimed a fraternal alliance with the Romans; 107 and, if each province had imitated the courage and loyalty of Auvergne, the fall of the Western empire might have been prevented, or delayed. They firmly maintained the fidelity which they had reluctantly sworn to the Visigoths; but, when their bravest nobles had fallen in the battle of Poitiers, they accepted, without resistance, a victorious and catholic sovereign. This easy and valuable conquest was achieved, and possessed, by Theodoric, the eldest son of Clovis; but the remote province was separated from his Austrasian dominions by the intermediate kingdoms of Soissons, Paris, and Orleans, which formed, after their father's death, the inheritance of his three brothers. The king of Paris, Childebert, was tempted by the neighbourhood and beauty of Auvergne,108 The Upper country, which rises towards the south into the mountains of the Cevennes, presented a rich and various prospect of woods and pastures; the sides of the hills were clothed with vines; and each eminence was crowned with a villa or castle. In the Lower Auvergne, the river Allier flows through the fair and spacious plain of Limagne; and the inexhaustible fertility of the soil supplied, and still supplies, without any interval of repose, the constant repetition of the same harvests. 109 On the false report that their lawful sovereign had been slain in Germany, the city and diocese of Auvergne were betrayed by the grandson of Sidonius Apollinaris. Childebert enjoyed this clandestine victory; and the free subjects of Theodoric threatened to desert his standard, if he indulged his 108 When Cæsar saw it, he laughed (Plutarch, in Cæsar. in tom. i. p. 409 [c. 26]); 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, 1. vi. c. 44-53, in tom. i. p. 270-272). 107 Audebant se quondam fratres Latio dicere, et sanguine ab Iliaco populos computare (Sidon. Apollinar. 1. vii. epist. 7, in tom. i. p. 799). I am not informed of the degrees and circumstances of this fabulous pedigree. 108 Either the first or second partition among the sons of Clovis had given Berry to Childebert (Greg. Turon. 1. iii. c. 12, in tom. ii. p. 192). Velim (said he) Arvernam Lemanem, quæ tantâ jocunditatis gratiâ refulgere dictitur oculis cernere (1. iii. c. 9, p. 191). The face of the country was concealed by a thick fog, when the king of Paris made his entry into Clermont. 109 For the description of Auvergne, see Sidonius (1. iv. epist. 21, in tom. i. p. 793) 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 Abbé de la Longuerue (Description de la France, part i. p. 132-139). private resentment while the nation was engaged in the Burgundian war. But the Franks of Austrasia soon yielded to the persuasive eloquence of their king. "Follow me," said Theodoric, "into Auvergne: I will lead you into a province where you may acquire gold, silver, slaves, cattle, and precious apparel, to the full extent of your wishes. I repeat my promise; I give you the people, and their wealth, as your prey; and you may transport them at pleasure into your own country." By the execution of this promise, Theodoric justly forfeited the allegiance of a people whom he devoted to destruction. His troops, reinforced by the fiercest Barbarians of Germany,110 spread desolation over the fruitful face of Auvergne; and two places only, a strong castle and a holy shrine, were saved, or redeemed, from their licentious fury. The castle of Meroliac 111 was seated on a lofty rock, which rose an hundred feet above the surface of the plain; and a large reservoir of fresh water was inclosed, with some arable lands, within the circle of its fortifications. The Franks beheld with envy and despair this impregnable fortress; but they surprised a party of fifty stragglers; and, as they were oppressed by the number of their captives, they fixed, at a trifling ransom, the alternative of life or death for these wretched victims, whom the cruel Barbarians were prepared to massacre on the refusal of the garrison. Another detachment penetrated as far as Brivas, or Brioude, where the inhabitants, with their valuable effects, had taken refuge in the sanctuary of St. Julian. The doors of the church resisted the assault; but a daring soldier entered through a window of the choir and opened a passage to his companions. The clergy and people, the sacred and the profane spoils, were rudely torn from the altar; and the sacrilegious division was made at a small distance from the town of Brioude. But this act of impiety was severely chastised by the devout son of Clovis. He punished with death the most atrocious offenders; left their secret accomplices to the vengeance of St. Julian: released the captives; restored the plunder; and 110 Furorem gentium, quæ de ulteriore Rheni amnis parte venerant, superare non poterat (Greg. Turon. 1. 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 neighbourhood of Paris. 111 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 [Chastel-Marthac, in Department Cantal]. In this description, I translate infra as if I read intra; the two prepositions are perpetually confounded by Gregory, or his transcribers; and the sense must always decide. [Infra is regularly used for intra by Gregory.] Story of extended the rights of sanctuary five miles round the sepulchre of the holy martyr.112 A Before the Austrasian army retreated from Auvergne, Theodoric exacted some pledges of the future loyalty of a people whose just hatred could be restrained only by their fear. select band of noble youths, the sons of the principal senators, was delivered to the conqueror, as the hostages of the faith of Childebert and of their countrymen. On the first rumour of war, or conspiracy, those guiltless youths were reduced to a state of servitude; and one of them, Attalus, 113 whose adventures are more particularly related, kept his master's horses in the diocese of Treves. After a painful search, he was discovered, in this unworthy occupation, by the emissaries of his grandfather, Gregory bishop of Langres; but his offers of ransom were sternly rejected by the avarice of the Barbarian, who required an exorbitant sum of ten pounds of gold for the freedom of his noble captive. His deliverance was effected by the hardy stratagem of Leo, a slave belonging to the kitchens of the bishop of Langres.114 An unknown agent easily introduced him into the same family. The Barbarian purchased Leo for the price of twelve pieces of gold; and was pleased to learn that he was deeply skilled in the luxury of an episcopal table. "Next Sunday," said the Frank, "I shall invite my neighbours and kinsmen. Exert thy art, and force them to confess that they have never seen, or tasted, such an entertainment, even in the king's house." Leo assured him that, if he would provide a sufficient quantity of poultry, his wishes should be satisfied. The master, who already aspired to the merit of elegant hospitality, assumed, as his own, the praise which the voracious 112 See these revolutions and wars of Auvergne in Gregory of Tours (1. ii. c. 37, in tom. ii. p. 183, and 1. 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. 113 The story of Attalus is related by Gregory of Tours (l. iii. c. 16 [leg. 15], in 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 Sidonius 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. 114 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 antiquâ decurrens prole parentum, Quos domuit judex, fovit amore patris. |