on lands and persons under the
feudal System, was constituted.
The Roman nobles, heirs to their fathers' agricultural dominions,
succeeded for the most part in preserving through the successive invasions
of the barbarians, the influence attached to the prestige of birth and
wealth; they still possessed the greater part of the land and owned as
vassals the rural populations. The Grerman nobles, on the contrary, had
not such extended landed properties, but they appropriated all the
strongest positions. The dukes, counts, and marquises were generally of
German origin. The Roman race, mixed with the blood of the various nations
it had subdued, was the first to infuse itself into ancient Society, and
only furnished barons of a secondary order.
These heterogeneous elements, brought together, with the object of common
dominion, constituted a body who found life and motion only in the
traditions of Rome and ancient Germany. From these two historical sources,
as is very judiciously pointed out by M. Mary-Lafon, issued all the habits
of the new society, and particularly the rights and privileges assumed by
the nobility.
These rights and privileges, which we are about to pass summarily in
review, were numerous, and often curious: amongst them may be mentioned
the rights of treasure-trove, the rights of wreck, the rights of
establishing fairs or markets, rights of marque, of sporting, &c.
The rights of treasure-trove were those which gave full power to dukes and
counts over all minerals found on their properties. It was in asserting
this right that the famous Richard Coeur de Lion, King of England, met his
death. Adhemar, Viscount of Limoges, had discovered in a field a treasure,
of which, no doubt, public report exaggerated the value, for it was said
to be large enough to model in pure gold, and life-size, a Roman emperor
and the members of his family, at table. Adhemar was a vassal of the Duke
of Guienne, and, as a matter of course, set aside what was considered the
sovereign's share in his discovery; but Richard, refusing to concede any
part of his privilege, claimed the whole treasure. On the refusal of the
viscount to give it up he appeared under arms before the gates of the
Castle of Chalus, where he supposed that the treasure was hidden. On
seeing the royal standard, the garrison offered to open the gates. "No,"
answered Richard, "since you have forced me to unfurl my banner, I shall
only enter by the breach, and you
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