40 On the ORIGIN and STRUCTURE of 



flavery. We have it, in the fame law, fpecifically pointed out, 

 that the perfons fubjedl to this punifliment were the leaders of 

 the fubdivifions of covinties, viz. the decani, centenarii, quin- 

 gentenarii, thiuphadi, together with the fervi dominici, or un- 

 der-ftewarts and fervile inhabitants of the royal domains, 

 and all the freemen, arranged by their diftrids, whether Goths 

 or Romans. Nor were the moft confiderable proprietors not in- 

 cluded in this enumeration j for we find it directed, that thofe 

 who are included in it mould bring with them to the army the 

 tenth part of their flaves in arms ; and, in the preamble, it is 

 complained, that people conceal their flaves, though poflefled of 

 multitudes employed in agriculture, and do not bring with 

 them to the army the twentieth part of their family. On .the 

 other hand, the law not only mows, that it was deftined to ex- 

 tend to every perfon, cunElis populis regni, but it fpecifies the ma- 

 joris loci perfonae to be the dux, comes, five etiam gardingus, all 

 others being clafled as inferiores perfonge, although mention is 

 notwithstanding made of feniors leading their vaflals and com- 

 manding them in the army. Thus the circumftance, viz. fu- 

 periority over vaflals, that was afterwards fo charadleriftic of 

 feudal greatnefs, was not then held to diftinguifh a perfon from 

 the reft of the nation ; but a feudal lord is clafled as a perfona 

 inferior, and is menaced with fine, whipping, and even flavery, 

 equally with the loweft freeman. 



WE have here, therefore, a very clear defcription of the ranks 

 of perfons, viz. magiftrates, freemen, and different clafles of 

 men of fervile condition * ; and we are fure, that there was 

 no patrician order diftincl; from the other freemen, for feveral 

 reafons : iy?, No clafs of perfons is mentioned which coxild form 

 fuch an order ; whereas, in a law framed for calling forth the 



nation 



* WE find the fame orders fpecified in the following paflage of an ancient author: 

 ' Vetus confuetudo pro lege apud Francos et Suevos inolevit, ut fi quis nobilis, minifteri- 

 ' alis, vel colonus, coram fuo judice pro hujufmodi exceffibus reus inventus fuerit, an- 

 ' tequam mortis fententia puniatur, ad confufionis fuae ignominiam, nobilis canem, mini- 

 ' fterialis fellam, rufticus aratri rotam, de comitatu in proximum comitatum geftare co- 

 ' gatur." Lib. 2. de Ge/l. Federic. c. 18. See alfo L L. Alleman. tit. 90. 



