CHAP. X.: Of Servitudes.

THE law of the Burgundians Tit. 54. ^†908 takes notice, that when those people settled in Gaul, they were allowed two-thirds of the land, and one-third of the bondmen. The state of villainage was therefore This is confirmed by the whole title of the code de Agricolis & Censitis, & Colonis. ^†909 established in that part of Gaul before it was invaded by the Burgundians.

The law of the Burgundians in points relating to the two nations makes a formal Si dentem optimati Burgundioni vel Romano nobili excusserit tit. 26. sect. 1. & si mediocribus personis ingenuis tam Burgundionibus quam Romanis. Ibid. sect. 2. ^†910 distinction in both, between the nobles, the free-born, and the bondmen, Servitude was not therefore a thing particular to the Romans; nor liberty and nobility particular to the Barbarians.

This very same law says, Tit. 57. ^†911 that if a Burgundian freedman had not given a particular sum to his master, nor received a third share of a Roman, he was always supposed to belong to his master’s family. The Roman proprietor was therefore free, since he did not belong to another person’s family; he was free, because his third portion was a mark of liberty.

We need only open the Salic and Ripuarian laws, to be satisfied that the Romans were no more in a state of servitude among the Franks, than among the other conquerors of Gaul.

The count de Boulainvilliers is mistaken in the capital point of his system: he has not proved that the

As this author’s work is penned without art, and as he speaks with the simplicity, frankness, and candor of that ancient nobility from whence he descends, every one is capable of judging of the fine things he says, and of the errors into which he is fallen. I shall not therefore undertake to criticise him; I shall only observe, that he had more wit than sense, more sense than knowledge; though his knowledge was not contemptible, for he was well acquainted with the most valuable part of our history and laws.

The count de Boulainvilliers, and the abbé du Bos, have formed two different systems, one of which seems to be a conspiracy against the commons, and the other against the nobility. When the sun gave leave to Phaeton to drive his chariot, he said to him, “If you ascend too high, you will burn the heavenly mansions; if you descend too low, you will reduce the earth to ashes: Do not drive to the right, you will meet there with the constellation of the serpent; avoid going too much to the left, you will there fall in with that of the altar: keep in the middle Nec preme, nec summum molire per æthera currum; Altius egressus, cœlestia tecta cremabis; Inferiùs terras: medio tutissimus ibis. Neu te dexterior tortum declinet ad anguem, Neve sinisterior pressam rota ducat ad aram; Inter utrumque tene. Ovid. Metam. lib. ii. ^†912.”