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Chap, xxxviii] OF THE ROMAN EMPIRE 149 versal edict of servitude or confiscation ; but a degenerate people, who excused their weakness by the specious names of politeness and peace, was exposed to the arms and laws of the ferocious Barbarians, who contemptuously insulted their possessions, their freedom, and their safety. Their personal injuries were partial and irregular ; but the great body of the Romans survived the revolution, and still preserved the property and privileges of citizens. A large portion of their lands was exacted for the use of the Franks ; but they enjoyed the remainder, exempt from tribute ; U9 and the same irresistible violence which swept away the arts and manufactures of Gaul destroyed the elaborate and expensive system of Imperial despotism. The Provincials must frequently deplore the savage jurisprudence of the Salic or Kipuarian laws ; but their private life, in the important concerns of marriage, testaments, or inheritance, was still regulated by the Theodosian Code ; and a discontented Eoman might freely aspire, or descend, to the character and title of a Barbarian. The honours of the state were accessible to his ambition ; the education and temper of the Romans more peculiarly qualified them for the offices of civil government ; and, as soon as emula- tion had rekindled their military ardour, they were permitted to march in the ranks, or even at the head, of the victorious Germans. I shall not attempt to enumerate the generals and magistrates, whose names 120 attest the liberal policy of the Merovingians. The supreme command of Burgundy, with the title of Patrician, was successively entrusted to three Romans ; and the last and most powerful, Mummolus, 121 who alternately the bloodmoney paid to the immediate family, precisely what was paid to the family of the slain Frank. See H. Brunner, Deutsche Rechtsgeschichte, ii. 614 (1892).] 119 The Abbe de Mably (torn. i. p. 247-267) has diligently confirmed this opinion [guess] of the president de Montesquieu (Esprit des Loix, 1. xxx. c. 13). [There is no proof whatever of inequality in this respect between the two races. See Fustel de Coulanges, Hist, des Institutions politiques, Bk. iv. c. 3.] 130 See Dubos, Hist. Critique de la Monarehie Francoise, torn. ii. 1. vi. c. 9, 10. The French antiquarians establish as a pruiciple that the Bomans 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 (1. vi. c. 11, in torn. ii. p. 273), and Claudius, a Bar- barian (1. vii. c. 29, p. 303). l8i Bunius 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 mast have exceeded 100,0001. sterling. [The title Patricius was introduced among the Franks from the Burgundian kingdom, and was chiefly used of its governor, who is also called praef&ctus (Greg. Tur. vi. 7,