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OF THE ROMAN EMPIRE

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murder of a peasant or a prince. But the national inequality established by the Franks, in their criminal proceedings, was the last insult and abuse of conquest.^[1] In the calm moments of legislation, they solemnly pronounced that the life of a Roman was of smaller value than that of a Barbarian. The Antrustion,^[2] a name expressive of the most illustrious birth or dignity among the Franks, was appreciated at the sum of six hundred pieces of gold; while the noble provincial, who was admitted to the king's table, might be legally murdered at the expense of three hundred pieces. Two hundred were deemed sufficient for a Frank of ordinary condition; but the meaner Romans were exposed to disgrace and danger by a trifling compensation of one hundred, or even fifty, pieces of gold. Had these laws been regulated by any principle of equity or reason, the public protection should have supplied in just proportion the want of personal strength. But the legislator had weighed in the scale, not of justice, but of policy, the loss of a soldier against that of a slave; the head of an insolent and rapacious Barbarian was guarded by an heavy fine; and the slightest aid was afforded to the most defenceless subjects. Time insensibly abated the pride of the conquerors and the patience of the vanquished; and the boldest citizen was taught by experience that he might suffer more injuries than he could inflict. As the manners of the Franks became less ferocious, their laws were rendered more severe; and the Merovingian kings attempted to imitate the impartial rigour of the Visigoths and Bur-

↑ This proportion is fixed by the Salic (tit. xliv. in tom. iv. p. 147), and the Ripuarian (tit. vii. xi. xxxvi. in tom. iv. p. 237, 241), laws; but the latter does not distinguish any difference of Romans. Yet the orders of the clergy are placed above the Franks themselves, and the Burgundians and Alemanni between the Franks and the Romans.
↑ The Antrustiones, qui in truste Dominicâ sunt, leudi, fideles, undoubtedly represent the first order of Franks; but it is a question whether their rank was personal, or hereditary. The Abbé de Mably (tom. i, p. 334-347) is not displeased to mortify the pride of birth (Esprit. l. xxx. c. 25), by dating the origin of French nobility from the reign of Clotaire II. (A.D. 615). [The antrustions were the members of the king's trustis or comitatus. Elevation to the position is thus described by Venantius Fortunatus, 7, 16: Jussit et egregios inter residere potentes, convivam reddens, proficiente gradu. The antrustions must be distinguished from the fideles and leudes. The fideles were all subjects who had taken the oath to the king; the leudes were the more important of the fideles, and thus included the antrustions. We find the leudes contrasted (1) with men of no influence and (2) with powerful ecclesiastics. Their position in regard to the king had nothing to do with commendation. Those who "commended" themselves were termed the king's vassi, or homines, "vassals". Compare Waitz, Deutsche Verfassungsgeschichte, ii. 1, 348, sqq. The origin of vassaldom has nothing to do with the comitatus. The rank of the antrustion was personal, not hereditary. Cp. Waitz, ib. p. 340.]

[1] This proportion is fixed by the Salic (tit. xliv. in tom. iv. p. 147), and the Ripuarian (tit. vii. xi. xxxvi. in tom. iv. p. 237, 241), laws; but the latter does not distinguish any difference of Romans. Yet the orders of the clergy are placed above the Franks themselves, and the Burgundians and Alemanni between the Franks and the Romans.

[2] The Antrustiones, qui in truste Dominicâ sunt, leudi, fideles, undoubtedly represent the first order of Franks; but it is a question whether their rank was personal, or hereditary. The Abbé de Mably (tom. i, p. 334-347) is not displeased to mortify the pride of birth (Esprit. l. xxx. c. 25), by dating the origin of French nobility from the reign of Clotaire II. (A.D. 615). [The antrustions were the members of the king's trustis or comitatus. Elevation to the position is thus described by Venantius Fortunatus, 7, 16: Jussit et egregios inter residere potentes, convivam reddens, proficiente gradu. The antrustions must be distinguished from the fideles and leudes. The fideles were all subjects who had taken the oath to the king; the leudes were the more important of the fideles, and thus included the antrustions. We find the leudes contrasted (1) with men of no influence and (2) with powerful ecclesiastics. Their position in regard to the king had nothing to do with commendation. Those who "commended" themselves were termed the king's vassi, or homines, "vassals". Compare Waitz, Deutsche Verfassungsgeschichte, ii. 1, 348, sqq. The origin of vassaldom has nothing to do with the comitatus. The rank of the antrustion was personal, not hereditary. Cp. Waitz, ib. p. 340.]

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