28.3. 3. Capital Difference between the Salic Laws and those of the
Visigoths and Burgundians.
We have already observed that the laws of the
Burgundians and Visigoths were impartial; but it was otherwise with
regard to the Salic law, for it established between the Franks and
Romans the most mortifying distinctions. When a Frank, a barbarian, or
one living under the Salic law happened to be killed, a composition of
200 sols was to be paid to his relatives;
[23]
only 100 upon the killing
of a Roman proprietor,
[24]
and no more than forty-five for a Roman
tributary. The composition for the murder of one of the king's vassals,
if a Frank, was 600 sols;
[25]
if a Roman, though the king's guest,
[26]
only 300.
[27]
The Salic law made therefore a cruel distinction between
the Frank and Roman lord, and the Frank and Roman commoner.
Further, if a number of people were got together to assault a Frank
in his house,
[28]
and he happened to be killed, the Salic law ordained a
composition of 600 sols; but if a Roman or a freedman was assaulted,
only one-half that composition.
[29]
By the same law,
[30]
if a Roman put
a Frank in irons, he was liable to a composition of 30 sols; but if a
Frank had thus used a Roman, he paid only 15. A Frank, stripped by a
Roman, was entitled to the composition of 62 1/2 sols, and a Roman
stripped by a Frank received only 30. Such unequal treatment must needs
have been very grievous to a Roman.
And yet a celebrated author
[31]
forms a system of the establishment of the Franks in Gaul, on a supposition
that they were the best friends of the Romans. The Franks then, the best
friends of the Romans, they who did, and they who suffered from the Romans
such an infinite deal of mischief!
[32]
The Franks, the friends of the Romans, they who, after
subduing them by their arms, oppressed them in cold blood by their laws!
They were exactly the friends of the Romans as the Tartars who conquered
China were the friends of the Chinese. If some Catholic bishops thought
fit to make use of the Franks in destroying the Arian Kings, does it
follow that they had a desire of living under those barbarous people?
And can we hence conclude that the Franks had any particular regard for
the Romans? I should draw quite different consequences; the less the
Franks had to fear from the Romans, the less indulgence they showed
them.
The Abbé du Bos has consulted but indifferent authorities for his
history, such as poets and orators; works of parade and ostentation are
improper foundations for building systems.
Footnotes
[23]
Salic Law, tit. 44, section 1.
[24]
Ibid., tit. 44, section 15.
[25]
Ibid., tit. 41, section 4.
[27]
The principal Romans followed the court, as may be seen by the
lives of several bishops, who were there educated; there were hardly any
but Romans that knew how to write.
[29]
Lidus whose condition was better than that of a bondman. — "Law
of the Alemans," chap. 95.
[30]
Tit. 35, sections 3 and 4.
[32]
Witness the expedition of Arbogastes, in Gregory of Tours,
"History," lib. ii.
