The Germans ([Fig. 4]) had brought with them over the Rhine none of the heroic virtues attributed to them by Tacitus when he wrote their history, with the evident intention of making a satire on his countrymen. Amongst the degenerate Romans whom those ferocious Germans had subjugated, civilisation was reconstituted on the ruins of vices common in the early history of a new society by the adoption of a series of loose and dissolute habits, both by the conquerors and the conquered.
[Fig. 5.]--Costumes of Slaves or Serfs, from the Sixth to the Twelfth Centuries, collected by H. de Vielcastel, from original Documents in the great Libraries of Europe.
In fact, the conquerors contributed the worse share ([Fig. 5]); for, whilst exercising the low and debasing instincts of their former barbarism, they undertook the work of social reconstruction with a sort of natural and innate servitude. To them, liberty, the desire for which caused them to brave the greatest dangers, was simply the right of doing evil--of obeying their ardent thirst for plunder. Long ago, in the depths of their forests, they had adopted the curious institution of vassalage. When they came to the West to create States, instead of reducing personal power, every step in their social edifice, from the top to the bottom, was made to depend on individual superiority. To bow to a superior was their first political principle; and on that principle feudalism was one day to find its base.
Servitude was in fact to be found in all conditions and ranks, equally in the palace of the sovereign as in the dwellings of his subjects. The vassal who was waited on at his own table by a varlet, himself served at the table of his lord; the nobles treated each other likewise, according to their rank; and all the exactions which each submitted to from his superiors, and required to be paid to him by those below him, were looked upon not as onerous duties, but as rights and honours. The sentiment of dignity and of personal independence, which has become, so to say, the soul of modern society, did not exist at all, or at least but very slightly, amongst the Germans. If we could doubt the fact, we have but to remember that these men, so proud, so indifferent to suffering or death, would often think little of staking their liberty in gambling, in the hope that if successful their gain might afford them the means of gratifying some brutal passion.
[Fig. 6.]--King or Chief of Franks armed with the Seramasax, from a Miniature of the Ninth Century, drawn by H. de Vielcastel.
When the Franks took root in Gaul, their dress and institutions were adopted by the Roman society ([Fig. 6]). This had the most disastrous influence in every point of view, and it is easy to prove that civilisation did not emerge from this chaos until by degrees the Teutonic spirit disappeared from the world. As long as this spirit reigned, neither private nor public liberty existed. Individual patriotism only extended as far as the border of a man's family, and the nation became broken up into clans. Gaul soon found itself parcelled off into domains which were almost independent of one another. It was thus that Germanic genius became developed.
[Fig. 7.]--The King of the Franks, in the midst of the Military Chiefs who formed his Treuste, or armed Court, dictates the Salic Law (Code of the Barbaric Laws).--Fac-simile of a Miniature in the "Chronicles of St. Denis," a Manuscript of the Fourteenth Century (Library of the Arsenal).
The advantages of acting together for mutual protection first established itself in families. If any one suffered from an act of violence, he laid the matter before his relatives for them jointly to seek reparation. The question was then settled between the families of the offended person and the offender, all of whom were equally associated in the object of vindicating a cause which interested them alone, without recognising any established authority, and without appealing to the law. If the parties had sought the protection or advice of men of power, the quarrel might at once take a wider scope, and tend to kindle a feud between two nobles. In any case the King only interfered when the safety of his person or the interests of his dominions were threatened.
Penalties and punishments were almost always to be averted by a money payment. A son, for instance, instead of avenging the death of his father, received from the murderer a certain indemnity in specie, according to legal tariff; and the law was thus satisfied.
The tariff of indemnities or compensations to be paid for each crime formed the basis of the code of laws amongst the principal tribes of Franks, a code essentially barbarian, and called the Salic law, or law of the Salians ([Fig. 7]). Such, however, was the spirit of inequality among the German races, that it became an established principle for justice to be subservient to the rank of individuals. The more powerful a man was, the more he was protected by the law; the lower his rank, the less the law protected him.