Montesquieu

When the Goths and the Burgundians had under various pre­texts pene­tra­ted into the heart of the empire, the Romans, to halt their devas­ta­tions, were obli­ged to pro­vide for their sub­sis­tence. At first they fur­ni­shed them grain1 ; sub­se­quently they pre­fer­red to fur­nish them lands. The empe­rors, or under their name the Roman magis­tra­tes,2 made conven­tions with them on the divi­sion of the coun­try, as we see in the chro­ni­cles and codes of the Visigoths3 and Burgundians.4

The Franks did not fol­low the same plan. In the Salic and Ripuarian laws we find no trace of such a divi­sion of lands ; they had conque­red, they took what they wan­ted, and made sta­tu­tes only among them­sel­ves.

Let us the­re­fore dis­tin­guish the pro­ce­dure of the Burgundians and Visigoths in Gaul from those same Visigoths in Spain ; of the auxi­liary sol­diers under Augustulus and Odoacer in Italy5 from that of the Franks in the Gauls and the Vandals in Africa.6 The for­mer made conven­tions with the pre­vious inha­bi­tants, and conse­quently a divi­sion of lands with them ; the lat­ter did none of all that.

The Romans obliged themselves to do this through treaties.

Burgundiones partem Galliæ occupaverunt, terrasque cum Gallicis senatoribus diviserunt (chronicle of Marius for the year 456).

Book X, tit. 1, §8, 9, and 16.

Ch. liv, §1–2, and this division subsisted in the time of Louis the Debonaire, as appears in his capitulary of the year 829 which was appended to the Law of the Burgundians, tit. 79, §1.

See Procopius, The Gothic Wars.

The Vandalic Wars.