the Viſigoths on Spain, and the Lombards upon Italy, and introduced with themſelves this northern plan of polity, ſerving at once to diſtribute, and to protect, the territories they had newly gained. And from hence it is probable that the emperor Alexander Severus[1] took the hint, of dividing lands conquered from the enemy among his generals and victorious ſoldiery, on condition of receiving military ſervice from them and their heirs for ever.
Scarce had theſe northern conquerors eſtabliſhed themſelves in their new dominions, when the wiſdom of their conſtitutions, as well as their perſonal valour, alarmed all the princes of Europe; that is, of thoſe countries which had formerly been Roman provinces, but had revolted, or were deſerted by their old maſters, in the general wreck of the empire. Wherefore moſt, if not all, of them thought it neceſſary to enter into the lame or a ſimilar plan of policy. For whereas, before, the poſſeſſions of their ſubjects were perfectly allodial; (that is, wholly independent, and held of no ſuperior at all) now they parcelled out their royal territories, or perſuaded their ſubjects to ſurrender up and retake their own landed property, under the like feodal obligation of military fealty[2]. And thus, in the compaſs of a very few years, the feodal conſtitution, or the doctrine of tenure, extended itſelf over all the weſtern world. Which alteration of landed property, in ſo very material a point, neceſſarily drew after it an alteration of laws and cuſtoms: ſo that the feodal laws ſoon drove out the Roman, which had hitherto univerſally obtained, but now became for many centuries loſt and forgotten; and Italy itſelf (as ſome of the civilians, with more ſpleen than judgment, have expreſſed it) belluinas, atque ferinas, immaneſque Longobardorum leges accepit[3].
- ↑ "Sola, quae de hoſtibus capta ſunt, limitaneis ducibus et militibus donavit; ita ut eorum ita eſſent, ſi haeredes illorum militarent, nec unquam ad privatos pertinerent: dicens attentius illos militaturos, ſi etiam ſua rura defenderent. Addidit ſane his et animalia et ſervos, ut poſſent colere quod acceperant; ne per inopiam hominum vel per ſenectutem diſererentur rura vicina barbariae, quod turpiſſimum ille ducebat." (Æl. Lamprid. in vita Alex. Severi.)
- ↑ Wright. 10.
- ↑ Gravin. Orig. l. 1. §. 139.
