the French monarchy. Within the same period,
the customs of the Ripuarians were transcribed and published; and
Charlemagne himself, the legislator of his age and country, had
accurately studied the two national laws, which still prevailed among
the Franks. [67] The same care was extended to their vassals; and the
rude institutions of the Alemanni and Bavarians were diligently compiled
and ratified by the supreme authority of the Merovingian kings. The
Visigoths and Burgundians, whose conquests in Gaul preceded those of the
Franks, showed less impatience to attain one of the principal benefits
of civilized society. Euric was the first of the Gothic princes who
expressed, in writing, the manners and customs of his people; and the
composition of the Burgundian laws was a measure of policy rather than
of justice; to alleviate the yoke, and regain the affections, of their
Gallic subjects. [68] Thus, by a singular coincidence, the Germans
framed their artless institutions, at a time when the elaborate system
of Roman jurisprudence was finally consummated. In the Salic laws, and
the Pandects of Justinian, we may compare the first rudiments, and the
full maturity, of civil wisdom; and whatever prejudices may be suggested
in favor of Barbarism, our calmer reflections will ascribe to the Romans
the superior advantages, not only of science and reason, but of humanity
and justice. Yet the laws [681] of the Barbarians were adapted to their
wants and desires, their occupations and their capacity; and they all
contributed to preserve the peace, and promote the improvement, of
the society for whose use they were originally established. The
Merovingians, instead of imposing a uniform rule of conduct on their
various subjects, permitted each people, and each family, of their
empire, freely to enjoy their domestic institutions; [69] nor were the
Romans excluded from the common benefits of this legal toleration. [70]
The children embraced the law of their parents, the wife that of her
husband, the freedman that of his patron; and in all causes where the
parties were of different nations, the plaintiff or accuser was obliged
to follow the tribunal of the defendant, who may always plead a judicial
presumption of right, or innocence. A more ample latitude was allowed,
if every citizen, in the presence of the judge, might declare the law
under which he desired to live, and the national society to which
he chose to belong. Such an indulgence woul