Page:Montesquieu - The spirit of laws.djvu/401

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
OF LAWS.
349

Book XV.
Chap. 13, & 14.
The Goths who conquered Spain, spread themselves over the country, and soon became very weak. They made three important regulations; they abolished an ancient custom which prohibited intermarriages with the[1] Romans; they enacted that all the freedmen[2] belonging to the Fisc, should serve in war, under penalty of being reduced to slavery; and they ordained that each Goth should arm and bring into the field the tenth part[3] of his slaves. This was but a small proportion: besides, these slaves thus carried to the field, did not form a separate body; they were in the army, and might be said to continue in the family.


CHAP. XIV.
The same Subject continued.

WHEN a whole nation is of a martial temper, the slaves in arms are less to be feared. By a law of the Alemans, a slave who had committed a clandestine theft[4] was liable to the same punishment as a freeman in the like case; but if he was found guilty of a forcible robbery[5], he was only bound to restore the thing so taken. Among; the Alemans, courage and intrepidity extenuated the guilt of an action. They employed their slaves in their wars. Most republics have been attentive to dispirit their slaves: but the Alemans relying on themselves, and being always armed, were so far from fearing theirs, that they were rather for augmenting their courage; they were the instruments either of their depredations or of their glory.

  1. Law of the Visigoths, lib, 3. tit. 1. §. 1.
  2. Ibid. lib. 5. tit. 7. §. 20.
  3. Ibid. lib. 9. tit. 2. §. 9.
  4. Law of the Alemans, c. 5. §. 3.
  5. Law of the Alemans, c. 5. §. 5. per virtutem.
CHAP.