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 an ingenuous aspect were set apart for the domestic service; a doubtful situation, which alternately exposed them to the favorable 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 labor, 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. ^97 An absolute power of life and death was exercised by these lords; and when they married their daughters, a train of useful servants, chained on the wagons to prevent their escape, was sent as a nuptial present into a distant country. ^98 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. ^99 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 Gallic or Roman extraction.
[Footnote 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.]
[Footnote 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.]
[Footnote 98: Gregory of Tours (l. vi. c. 45, in tom. ii. p. 289) relates a memorable example, in which Chilperic only abused