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 chap, xxxviii] OF THE ROMAN EMPIRE 135 of the most illustrious birth or dignity among the Franks, was appreciated at the sum of six hundred pieces of gold; while the noble provincial, who was admitted to the king's table, might be legally murdered at the expense of three hundred pieces. Two hundred were deemed sufficient for a Frank of ordinary condition ; but the meaner Komans were exposed to disgrace and danger by a trifling compensation of one hundred, or even fifty, pieces of gold. Had these laws been regulated by any principle of equity or reason, the public protection should have supplied in just proportion the want of personal strength. But the legislator had weighed in the scale, not of justice, but of policy, the loss of a soldier against that of a slave ; the head of an insolent and rapacious Barbarian was guarded by an heavy fine; and the slightest aid was afforded to the most defenceless subjects. Time insensibly abated the pride of the conquerors and the patience of the vanquished; and the boldest citizen was taught by experience that he might suffer more injuries than he could inflict. As the manners of the Franks became less ferocious, their laws were rendered more severe ; and the Merovingian kings attempted to imitate the impartial rigour of the Visigoths and Burgundians. 80 Under the empire of Charlemagne, murder was universally punished with death ; and the use of capital punishments has been liberally multiplied in the jurisprudence of modern Europe. 81 The civil and military professions, which had been separated judgments by Constantine, were again united by the Barbarians. The° harsh sound of the Teutonic appellations was mollified into the Latin titles of Duke, of Count, or of Prsefect ; 82 and the same age (1902), 61 sqq. He thinks that trustis was applied to the royal guard, to trans- late schola ; antrustions = scholares.] 80 See the Burgundian laws (tit. ii. in torn. iv. p. 257), the Code of the Visi- goths (1. vi. tit. v. in torn. iv. p. 384), and the constitution of Childebert, not of Paris, but most evidently of Austrasia (in torn. iv. p. 112). Their premature severity was sometimes rash, and excessive. Childebert condemned not only murderers but robbers ; quomodo sine lege involavit, sine lege moriatur ; and even the negligent judge was involved in the same sentence. The Visigoths abandoned an unsuccessful surgeon to the family of his deceased patient, ut quod de eo facere voluerint habeant potestatem (1. xi. tit. i. in torn. iv. p. 435). 81 See, in the sixth volume of the works of Heineccius, the Elementa Juris Germanioi, 1. ii. p. ii. No. 261, 262, 280-283. Yet some vestiges of these pecuniary compositions for murder have been traced in Germany as late as the sixteenth century. 82 [The count appears as the king's official representative, opposed to the duke who is the native lord of the Qau. The Teutonic name of the Count was garafio,