8 On the ORIGIN and STRUCTURE of 



and repeopled the countries which the conquerors of the Ro- 

 mans had abandoned. Germany then proceeded as fouthern 

 Europe had done before her. She became fit to coalefce with 

 Gaul under the government of the Franks ; and petty dates, rifing 

 on the coads of the Baltic and German ocean, addicted to navi- 

 gation and military adventure, redored in the north fomewhat 

 of the early ages of Greece and Italy. 



IN the mean time, the feudal law, characlerifed by its do- 

 medic fubordination, its tenures, its hereditary offices, and its 

 titled nobility, and deftined to create very lading and very fin- 

 gular impremons on the European governments and manners, 

 began to appear in the empire of the Franks. The wealth of 

 Gaul naturally made the inconveniences arifing from the imper- 

 fection of the German laws, be felt there with extreme feverity. 

 Men accordingly had there recourfe to the expedient which they 

 have univerfally reforted to for protection, wherever the progrefs 

 of property has outdripped that of law. When law is in its 

 infancy, and wealth has accumulated, though the political union 

 is loofe, and the authority of the magidrate feeble, the domedic 

 authority of the heads of families is drong, and the union among 

 their branches firm and intimate. The love of power, therefore, 

 induces the opulent to extend their houfeholds,by employing their 

 furplus wealth in engaging retainers ; and the defire of fafety 

 prompts the lefs opulent to court admifilon into thefe little focieties, 

 and to promife fupport in return for protection. Hence the per- 

 fonal relation of patron and client was edabliflied j and the great 

 importance of this relation, in turbxilent times, naturally led 

 men to have recourfe to the Roman arts of conveyancing, (which 

 were dill preferved among the natives) for afcertaining its ob- 

 ligations, and rendering it permanent and adequate to the pro- 

 tection of their property. In this way, lands, already ufed as the 

 means of purchafing retainers, came alfo to be impledged in 

 condituting this relation ; which, of courfe, from being per- 

 fonalj temporary, and dependent on mutual inclination, gra^ 



dually 



