07 Dec




















Litteraria, p. 443,) censures the legal tyranny of the nobles. Pro feris, quas cura hominum non aluit, sed Deus in commune mortalibus ad utendum concessit, pauperes a potentioribus spoliantur, flagellantur, ergastulis detruduntur, et multa alia patiuntur. Hoc enim qui faciunt, lege mundi se facere juste posse contendant. De Institutione Laicorum, l. ii. c. 23, apud Thomassin, Discipline de l'Eglise, tom. iii. p. 1348.] [Footnote 95: On a mere suspicion, Chundo, a chamberlain of Gontram, king of Burgundy, was stoned to death, (Greg. Turon. l. x. c. 10, in tom. ii. p. 369.) John of Salisbury (Policrat. l. i. c. 4) asserts the rights of nature, and exposes the cruel practice of the twelfth century. See Heineccius, Elem. Jur. Germ. l. ii. p. 1, No. 51-57.] According to the maxims of ancient war, the conqueror became the lawful master of the enemy whom he had subdued and spared: [96] and the fruitful cause of personal slavery, 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,

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