NOTE XXIX. SECT. I. p. 90. [FF].

THE great variety of subjects which I have endeavoured to illustrate, and the extent of this upon which I now enter, will justify my adopting the words of M. de Montesquieu, when he begins to treat of commerce. "The subject which fol"lows would require to be discussed more at "large; but the nature of this work does not per"mit it. I wish to glide on a tranquil stream; « but I am hurried along by a torrent."

MANY proofs occur in history of the little intercourse between nations during the middle ages. Towards the close of the tenth century, Count Bouchard, intending to found a monastery at St. Maur des Fosses, near Paris, applied to an abbot of Clogny in Burgundy, famous for his sanctity, intreating him to conduct the monks thither. The language in which he addressed that holy man is singular: he tells him, that he had undertaken the labour of such a great journey; that he was fatigued with the length of it, therefore hoped to obtain his request, and that his journey into such a distant country should not be in vain. The answer of the abbot is still more extraordinary: He refused to comply with his desire, as it would be extremely fatiguing to go along with him into a strange and unknown region. Vita Burchardi venerabilis Comitis ap. Bouquet Rec. des Hist. vol. x. p. 351. Even so late as the beginning of the twelfth century, the monks of Ferrieres in the

diocese of Sens did not know that there was such a city as Tournay in Flanders; and the monks of St. Martin of Tournay were equally unacquainted with the situation of Ferrieres. A transaction in which they were both concerned made it necessary for them to have some intercourse. The mutual interest of both monasteries prompted each to find out the situation of the other. After a long search, which is particularly described, the discovery was made by accident. Herimannus Abbas de Restauratione St. Martini Tornacensis ap. Dacher. Spicel. vol. xii. p. 400. The ignorance of the middle ages with respect to the situation and geography of remote countries was still more remarkable. The most ancient geographical chart which now remains as a monument of the state of that science in Europe during the middle ages, is found in a manuscript of the Chronique de St. Denys. There the three parts of the earth then known are so represented, that Jerusalem is placed in the middle of the globe, and Alexandria appears to be as near to it as Nazareth. Mem. de l'Acad. des Belles Lettres, tom. xvi. p. 185. There seems to have been no inns or houses of entertainment for the reception of travellers during the middle ages. Murat. Antiq. Ital. vol. iii. p. 581, &c. This is a proof of the little intercourse which took place between different nations. Among people whose manners are simple, and who are seldom visited by strangers, hospitality is a virtue of the first rank. This duty of hospitality was so necessary in that state of society which took place during the middle ages,

that it was not considered as one of those virtues which men may practise or not, according to the temper of their minds, and the generosity of their hearts. Hospitality was enforced by statutes, and such as neglected this duty were liable to pu nishment. Quicunque hospiti venienti lectum, aut focum negaverit, tiium solidorum inlatione mulctetur. Leg. Burgund. tit. xxxviii. § 1. Si quis homini aliquo pergenti in itinere mansionem vetaverit sexaginta solidos componat in publico. Capitul. lib. vi. § 82. This increase of the penalty, at a period so long after that in which the laws of the Burgundians were published, and when the state of society was much improved, is very remarkable. Other laws of the same purport are collected by Jo. Fred. Polac. Systema Jurisprud. Germanicæ, Lips. 1733, p. 75. The laws of the Slavi were more rigorous than any that he mentions; they ordained, "that the moveables of an inhospitable person should be confiscated, and his house burnt. They were even so solicitous for the entertainment of strangers, that they permitted the landlord to steal for the support of his guest." Quod noctu furatus fueris, cras appone, hospitibus. Rerum. Mecleburgicar. lib viii. a Mat. Jo. Beehr. Lips. 1751, p. 50. In consequence of these laws, or of the state of society which made it proper to enact them, hospitality abounded while the intercourse among men was inconsiderable, and secured the stranger a kind reception under every roof, where he chose to take shelter. This, too, proves clearly, that the intercourse among men was rare, for as soon as this became

frequent, what was a pleasure became a burden, and the entertaining of travellers was converted into a branch of commerce.

BUT the laws of the middle ages afford a proof still more convincing of the small intercourse between different nations. The genius of the feudał system, as well as the spirit of jealousy which always accompanies ignorance, concurred in discouraging strangers from settling in any new country. If a person removed from one province in a kingdom to another, he was bound within a year and day to acknowledge himself the vassal of the baron in whose estate he settled; if he neglected to do so, he became liable to a penalty; and, if at his death he neglected to leave a certain legacy to the baron within whose territory he had resided, all his goods were confiscated. The hardships imposed on foreigners settling in a country, were still more intolerable. In more early times, the superior lord of any territory in which a foreigner settled, might seize his person, and reduce him to servitude. Very striking instances of this occur in the history of the middle ages. The cruel depredations of the Normans in the ninth century, obliged many inhabitants of the maritime provinces of France to fly into the interior parts of the kingdom. But instead of being received with that humanity to which their wretched condition entitled them, they were reduced to a state of servitude. Both the civil and ecclesiastical powers found it necessary to interpose, in order to put a stop to this barbarous practice. Potgiesser. de

Statu Servor. lib. i. c. 1 § 16. In other countries, the laws permitted the inhabitants of the maritime provinces to reduce such as were shipwrecked on their coast to servitude. Ibid. § 17. This barbarous custom prevailed in many countries of Europe. The practice of seizing the goods of persons who had been shipwrecked, and of confiscating them as the property of the lord on whose manor they were thrown, seems to have been universal. De Westphalen Monum. inedita Rer. Germ. vol. iv. p. 907. &c. et Du Cange, voc. Laganum, Beehr. Rer. Macleb. lib. p. 512. Among the ancient Welsh, three sorts of persons, a madman, a stranger, and a leper, might be killed with impunity. Leges Hoel Dda, quoted in Observat. on the Statutes, chiefly the more ancient, p. 22. M. de Lauriere produces several ancient deeds which prove, that in different provinces of France strangers became the slaves of the lord on whose lands they settled. Glossaire du Droit François. Art. Aubaine, p. 92. Beaumanoir says, "that there are several places in France, in which, if a stranger fixes his residence for a year and day, he becomes the slave of the lord of the manor." Coust. de Beav. ch. 45. p. 254. As a practice so contrary to humanity could not subsist long, the superior lords found it necessary to rest satisfied, instead of enslaving aliens, with levying certain annual taxes upon them, or imposing upon them some extraordinary duties or services. But when any stranger died, he could not convey his effects by will; and all his real as well as personal estate fell to the king, or to the lord of the barony, to

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