CHAPTER VII

THE EARLIER FRANKISH KINGS AND THEIR ORGANISATION OF GAUL

511-561.

The Sons of Chlodovech—Theuderich conquers Thuringia, 531—Childebert

and Chlothar conquer Burgundy, 532—Their war with the

Visigoths—Theudebert invades Italy—Chlothar reunites the Frankish

kingdoms, 558—Organisation of the Frankish realm—The great

officials—Mayors of the Palace—Counts and Dukes—Local government,

the Mallus—Legal and financial arrangement.

Chlodovech left four sons: one, Theuderich, borne to him by a Frankish

wife in early youth; three, Chlodomer, Childebert, and Chlothar, the

offspring of his Burgundian spouse, Chrotechildis. In accordance with

the old Teutonic custom of heritage-partition, the four young men

divided among themselves their father’s newly-won realms, though the

division threatened to wreck the Frankish power in its earliest youth.

Theuderich, the eldest son, took the most compact and most Teutonic of

the parts of Chlodovech’s realm, the old kingdom of the Ripuarian Franks

along the Rhine bank from Köln as far south as Basle, with the new

Frankish settlements east of the Rhine in the valley of the Main.

[Sidenote: The sons of Chlodovech.] He fixed his residence, however, not

at Köln, the old Ripuarian capital, but in the more southerly town of

Metz on the Moselle, an ancient Roman city, though one less hitherto

famous than its greater neighbour Trier. In addition to Ripuaria

Theuderich took a half share of the newly-conquered Aquitaine, its

eastern half from Clermont and Limoges to Albi.

[Illustration:

THE FRANKISH KINGDOMS. 511.

]

While Ripuaria was given to Theuderich, his brother Chlothar obtained

the other old Frankish realm, the ancient territory of the Salian Franks

from the Scheldt-mouth to the Somme, together with his father’s first

conquests from the Gallo-Romans in the valley of the Aisne. His capital

was Soissons, the old stronghold of Syagrius, in the extreme southern

angle of his realm. The remaining two brothers, Chlodomer and

Childebert, reigned respectively at Orleans and Paris, and ruled the

lands on the Seine, Loire, and Garonne which Chlodovech had won from

Syagrius and Alaric. Their kingdoms must have been far less strong,

because far less thickly settled by the Franks, than those of Theuderich

and Chlothar. Chlodomer’s dominion comprised the whole valley of the

middle and lower Loire, and Western Aquitaine, including Bordeaux and

Toulouse. Childebert had a smaller share—the Seine valley and the coasts

of the Channel from the mouth of the Somme westward.

The four brother kings were all worthy sons of their wicked

father—daring unscrupulous men of war, destitute of natural affection,

cruel, lustful, and treacherous. But they were eminently suited to

extend, by the same means that Chlodovech had used, the realms that he

had left them. The times, too, were propitious, for during their lives

was removed the single bar that hindered the progress of the Franks, the

power of the strong Gothic realm that obeyed Theodoric the Great.

Although the sons of Chlodovech not unfrequently plotted each other’s

deposition or murder, yet they generally turned their arms against

external enemies, and even on occasion joined to aid each other. The

object which each set before himself was the subjection of the nearest

independent state. Theuderich therefore looked towards inner Germany and

the kingdom of the Thuringians, on the Saal and upper Weser; Childebert

and Chlodomer turned their attention towards their southern neighbours

the Burgundians.

Both these states were destined to fall before the sons of Chlodovech,

but neither of them without a hardly fought struggle. Theuderich was

distracted from his first attempts against Thuringia by a great

piratical invasion of the Lower Rhineland by predatory bands from

Scandinavia, led by the Danish king Hygelac (Chrocholaicus), who is

mainly remembered as the brother of that Beowulf whom the earliest

Anglo-Saxon epic celebrates (515). [Sidenote: Theuderich conquers

Thuringia.] The son of the king of the Ripuarians slew the pirate, and

next year the Thuringian war began. It did not terminate till 531, when

Theuderich, calling in the aid of his brother Chlothar, utterly

destroyed the Thuringian realm, and made it tributary to himself. The

Frank celebrated his victory first by an unsuccessful attempt to murder

his brother and helper Chlothar, who was fain to fly home in haste, and

next by the treacherous murder of Hermanfrid, the vanquished Thuringian

king, who had surrendered on promise of life. Theuderich led him in

conversation around the walls of the city of Zülpich, and suddenly bade

his servants push him over the rampart, so that his neck was broken.

Southern Thuringia, the region on the Werra and Unstrut, was for the

future a tributary province of the Franks. Northern Thuringia, between

Elbe and Werra, was overrun by the Saxons, and never came under

Theuderich’s power.

While the king of Ripuaria was warring in Germany, his younger brothers

had assaulted Burgundy. In 523 Childebert and Chlodomer attacked the

unpopular king Sigismund, the slayer of his own son, as we have

elsewhere related.[15] They beat him in battle, took him prisoner, and

threw him with his wife and son down a well. [Sidenote: Frankish

invasion of Burgundy.] But Gondomar, brother of Sigismund, restored the

forture of war in the next year, and routed the Franks at Véséronce, in

a battle where Chlodomer was slain (524). Before pursuing the Burgundian

war the brothers of the dead man resolved to plunder his realm. The king

of Orleans had only left infant children, so Childebert and Chlothar

found no difficulty in overrunning his lands on the Loire. The three

young boys, to whom the realm should have fallen, were captured and

brought before their uncles. Childebert, the ruffian who was of a milder

mood, proposed to spare their lives, but Chlothar actually dragged them

away while they clung to his brother’s knees, and cut the throats of the

two eldest with his own hands. The youngest was snatched up and hidden

by a faithful servant, and lived to become a monk, and leave his name to

the ‘monastery of Chlodovald’ (St. Cloud).

Footnote 15:

See p. 27.

Of Chlodomer’s realm Childebert took the lands on the upper Loire and

the capital city Orleans, Chlothar the Loire-mouth and the part of

Aquitaine south of it. Hearing a false report that his eldest brother,

Theuderich had fallen in battle with the Thuringians, Childebert now

invaded East Aquitaine, a part of his brother’s heritage. But Theuderich

returned in wrath, and the king of Paris and Orleans resolved to go

instead against the Visigoths, and to drive them from the land between

the Cevennes and the Pyrenees. The great Theodoric was just dead, so no

help from Italy could be expected by the Visigothic king Amalric, the

grandson of the departed hero. Childebert found his pretext in the

complaint that his sister Chrotechildis, the wife of Amalric, had been

debarred from the exercise of the Catholic religion and cruelly ill

treated by her Arian husband. With this holy plea as his _casus belli_

he marched against Narbonne, defeated Amalric in battle, and drove him

over the Pyrenees to the gates of Barcelona. [Sidenote: War with the

Visigoths, 531.] There he was slain, either by the sword of the pursuing

Franks, or by the Visigothic army, enraged at the cowardice which he had

displayed in the struggle. On his death the Goths raised on the shield

and saluted as king the aged count Theudis, the regent who had ruled

Spain for Theodoric the Great during the minority of Amalric. Thus ended

the race of the Baltings as rulers of the Visigoths; their succeeding

kings were not of the old royal house. Theudis, who was suspected of

having had some hand in his late pupil’s murder, soon justified the

choice of the Goths, by recovering Narbonne and the other cities of

Septimania from the Franks. Childebert had turned off to another quest,

and the old Visigothic possessions north of the Pyrenees were retaken

without much trouble (531).

The enterprise which had called away Childebert was a new attempt to

conquer Burgundy, in which his brother Chlothar had promised to join

him. [Sidenote: Burgundy conquered, 532.] In the spring of 532 the kings

of Paris and Soissons united their forces, and marched up the valley of

the Yonne. They laid siege to Autun, and when Gondomar the Burgundian

monarch came to its relief, beat him with such decisive results that he

fled into Italy and abandoned his kingdom. A few sieges put the

victorious Frankish brethren in possession of the whole Burgundian realm

as far as the borders of the Ostrogoths on the Alps and the Drôme.

When Burgundy had been conquered, the Franks began to prepare for a new

campaign against the Visigoths, in which Theuderich intended to share no

less than his brothers. But this scheme was frustrated by the death of

the king of Ripuaria early in the year 533. He left a son, Theudebert,

already a grown man and a good warrior, but in true Merovingian fashion

the uncles of the heir made a vigorous attempt to seize and divide his

realm. It was only the prompt and enthusiastic way in which the

Ripuarians rallied around their young king that saved him from the fate

of his cousins, the princes of Orleans. Not merely, however, did

Theudebert hold his own, but he compelled his uncles to give him a share

of the newly-conquered Burgundy, when the partition of that country was

finally made.

Theudebert was, in fact, well able to take care of himself, and soon

showed that he was as unscrupulous and enterprising, if not quite so

bloodthirsty, as his father and uncles. Yet he was, for a Meroving, not

an unfavourable specimen of a monarch, and the chroniclers tell us that

he ruled his kingdom with justice, venerated the clergy, built churches,

and gave much alms to the poor. That as a politician he was shifty and

treacherous was soon to be shown by his dealings with Italy. [Sidenote:

Theudebert invades Italy, 535.] In 535 the emperor Justinian, on the eve

of his invasion of the Ostrogothic kingdom, bribed the three Frankish

monarchs, by a gift of 50,000 solidi, to attack Italy from the rear.

Uncles and nephew alike were ready to take the money and join in the

plunder of the peninsula. But in the next year the Gothic king Witiges,

eager to free himself from a second war, offered to cede Provence and

Rhaetia to the Franks if they would make peace with him, and grant him

the aid of their arms. The three kings gladly agreed, and lent him an

auxiliary force of 10,000 men, who joined the Goths in recovering Milan.

Theudebert and Childebert are said to have cheated Chlothar of his third

of the gains, the former having got the money and the latter the land

which Witiges made over.

In 539 Witiges and Belisarius were locked in such deadly conflict that

the Franks thought it a good opportunity to endeavour to invade Italy on

their own behalf. Theudebert came over the Alps in person, with an army

of 100,000 men, all footmen armed with lance and axe, save 300 nobles

who rode around the king with shield and spear. First falling on his

friends the Goths, then attacking the East-Romans in turn, Theudebert

drove across the north of Italy, sacking Genoa, and wasting all the

valley of the Po as far as Venetia. All the open country was in his

hands, and the Goths and Romans had to shut themselves up in their

fortresses. But a disease brought on by foul living fell upon the

Franks, and so thinned their ranks that Theudebert had to retire

homeward, relinquishing all he had gained save the possession of the

passes of the Cottian Alps. It was, however, with his Italian plunder

that he struck the first gold money which any barbarian king coined in

his own name. Instead of placing the head of the emperor on his solidi,

as had hitherto been the practice of Goth, Frank, and Burgundian, he

represented his own image with shield and buckler, and the inscription

_Dominus Noster Theudebertus Victor_, without any reference to Justinian

as emperor or over-lord. Some of the pieces make him assume the more

startling title of _Dominus Theudebertus Augustus_, as if he had aimed

at uniting Gaul and Italy, and taking the style of Western Emperor; and,

strange as this design may appear, it receives some countenance from a

chronicler who declares that, after his Italian conquests, Theudebert

was so uplifted in spirit that he designed to march against

Constantinople, and make himself lord of the world (539).

When in the next year the faithless Theudebert planned another

expedition to reconquer north Italy, and had the effrontery to offer his

alliance once more to king Witiges, we need not marvel that the

Ostrogoth refused to listen for a moment to the overture, and chose

rather to open negotiation with his East-Roman foes. The surrender of

Ravenna and the triumph of Belisarius followed, and Theudebert found

that, in invading the peninsula, he would have the emperor as his foe

rather than the king of the Goths. He refrained for the time from

following up his first successes, but it is strange to find that when

the Gothic cause had again triumphed in the hands of king Baduila, and

north Italy was once more torn asunder between Roman and Teuton, the

Frank did not take advantage of the renewed troubles to make a second

expedition. [Sidenote: Conquest of Bavaria.] It is probable that in

these years, 541-45, he was occupied in another conquest, that of the

land between the Danube and the Noric Alps, which now bore the name of

Bavaria. The German tribes in the ancient Noricum, who had been subject

to Theodoric in the great days of the Gothic Empire, the remnant of the

Rugians, Scyrri, Turcilingi, and Herules, had lately formed themselves

into a federation under the name of Bavarians, and had chosen a duke

Garibald as their prince[16]. We have no details of Theudebert’s wars

against them, but merely know that by the end of his reign he had made

the Bavarians tributary to the Franks. Their conquest in all probability

fills the unrecorded time between Theudebert’s expedition to Italy and

his death in 548. For some years at the end of this period we know that

he was sick and bedridden, so that it is fair to put the subjection of

Bavaria somewhere about 543, five years before the death-date of the

Ripuarian king. Theudebert left his kingdom to his young son,

Theudebald, a weak and sickly boy, whose accession, knowing the

character of his great-uncles, we are surprised to hear was not troubled

by any opposition.

Footnote 16:

This seems the best way of accounting for the obscure beginnings of

the Bavarian duchy. The derivation of the word Bavaria is hard to

fathom.

While Theudebert had been busied in Italy, the other two Frankish kings,

Childebert and Chlothar, though now they were both advanced in years,

had made a second expedition against the Visigoths, and in 542 overran

the Gothic province north of the Pyrenees, and then crossed into the

valley of the Ebro. They took Pampeluna, and advanced as far as

Saragossa, to which they laid siege, but in front of that city they

received a crushing defeat from Theudigisel, the general of the old

Gothic king, Theudis, and were driven back into Gaul without retaining

one foot of their conquests. Narbonne and the Mediterranean shore still

remained an appendage of the kingdom of Spain.

A similar fate to that which attended the armies of his great-uncles in

Spain was destined to befall the first expedition which Theudebald of

Ripuaria despatched to Italy. The boy-king was too young to head the

army, but the Eastern Frankish magnates who governed in his name had

resolved to renew the enterprise of king Theudebert. Two dukes of

Alamannian race, Buccelin and Chlothar, who seemed to have possessed the

chief influence at the court of Metz, set out in 551, while King Baduila

was engaged in his last desperate struggle with the East-Romans, and

overran part of Venetia. Holding to the alliance of neither Roman nor

Goth, they threatened to attack both; but Narses, when he marched into

Italy from Illyria, left them alone, and proceeded to assault king

Baduila, without paying attention to the northern invaders. [Sidenote:

Battle of Casilinum, 553.] It was only in the next year, when Baduila

and his successor Teia had both been slain, that the armies of the

Franks broke up from their encampments in northern Italy, and marched

down to challenge the supremacy of the victorious Narses in the

desolated peninsula. How they fared we have had to relate in the

preceding chapter. Chlothar and his division perished of want, or

plague, in Apulia. Buccelin and the main body were defeated and

exterminated by Narses at the battle of Casilinum. By the end of 553 all

the gains of the Franks in Italy were gone, and 75,000 Frankish corpses

had been buried in Italian soil or left to the Italian vultures.

Less than two years after the armies of his generals had been

exterminated by Narses the weakly Theudebald died, and, as he left no

brother or uncle, the East-Frankish realm was heirless. It fell by the

choice of the Ripuarian folk-moot to Theudebald’s great-uncle, the aged

Chlothar, king of Soissons, who thus became possessed of three-fourths

of the Frankish Empire. As his brother, the still older Childebert, king

of Paris, was childless, it was now certain that after fifty years of

division the empire of Chlodovech was about to be once more reunited

(555).

Though verging on his seventieth year, Chlothar was still energetic

enough to go forth to war. When the dominions of Theudebald passed into

his hands, he took up the scheme which his brother Theuderich, now

twenty years dead, had once entertained, of subduing all the nations of

inner Germany. Beyond the vassal Thuringians lay the independent Saxons,

and against them Chlothar led out, in 555, the full force of both the

Ripuarian and the Salian Franks. The Saxons, on the other hand, induced

many of the Thuringians to rise in rebellion, and endeavour to shake off

the Frankish yoke. The fortune of war was at first favourable to

Chlothar, who put down the Thuringian insurrection without much

difficulty, but when, in the next year, he led his host into the

unexplored woods and moors of Saxony, he suffered such a terrible defeat

that he was fain to flee behind the Rhine, and cover himself by the

walls of Köln. The pursuing Saxons devastated the Trans-Rhenane

possessions of the Franks up to the gates of Deutz. They were not

destined to become the vassals of their western neighbours for another

two hundred years.

The news of Chlothar’s disaster in Germany, and the false report of his

death, which rumour added to the news, brought on trouble in Gaul.

Chramn, the eldest son of Chlothar, and Childebert of Paris, his aged

brother, at once took arms to divide his kingdom. Nor when the news came

that he still lived did they desist from their attempt. They sent to

stir up the Saxons, and persisted in the war. But, before they had

actually crossed swords with Chlothar, the old king of Paris died, and

Chramn, reduced to his own resources, was fain to throw himself on his

father’s mercy (558).

[Sidenote: Chlothar sole King, 558.] Thus Chlothar, by Childebert’s

death, gathered in the last independent fragment of his father’s vast

heritage, and reigned for three years (558-561) over the realm of

Chlodovech, swelled by the conquests of Burgundy, Thuringia, Provence,

and Bavaria, made since the division of the Frankish Empire.

Chlothar was the worst of his house. It will be remembered how his

career had begun by the brutal murder of his nephews. It was destined to

end by an even greater atrocity. His undutiful son, Chramn, though

pardoned in 558, rebelled again in 560, with the aid of the Bretons of

Armorica. Chlothar pursued, defeated, and caught the rebellious prince.

Then he bound him, with his wife and his young sons, to pillars of a

wooden house, and burnt them alive by firing the building. This shocking

deed roused even the brutal Franks to horror, and it was noted as the

judgment of heaven that the king died exactly a year after he had given

his heir to the flames. The wicked old man’s body, however, was buried

in great state in the church of St. Medard, as though he had been the

best of sovereigns (561). His kingdom fell to his four sons, destined to

a new division just fifty years after its first partition among the sons

of Chlodovech.

The realm of the Merovings having now attained to its full growth, and

assumed the shape which it was to keep till the fall of the dynasty, we

may proceed to give the chief facts concerning its social and political

organisation.

[Sidenote: Despotic kingship of the Merovings.] Like all the other

Teutonic states which were erected on the ruins of the western provinces

of the Roman Empire, it possessed a political constitution which had

advanced very far beyond the simple state of things described in the

_Germania_ of Tacitus. The conquests of the Franks had resulted in the

increase of the kingly power to a height which it had never reached in

earlier days. As the permanent war-chief, in a time when war was

incessant, the king had gradually extended his power from supreme

command in the field into supreme command in all things. He and his

war-band of sworn followers had borne the brunt of the fighting, and

naturally reaped the greater part of the profit. The check exercised by

popular assemblies on the royal power seems almost to have disappeared

after the first days of the conquest. In the time of Chlodovech himself

we find some traces of them still remaining. Once or twice the army, in

the capacity of public assembly of the manhood of all the Franks, seems

to assert itself against the king, but even this check gradually

disappeared. The Frankish Empire grew too broad for any public folk-moot

of the nation to be able to meet, and the king only took counsel of such

magnates—high officers of the household, bishops, and provincial

governors—as he chose to summon to his presence. Two additional factors

gave increased strength to the monarch. The first was the high respect

paid to the supreme power by the conquered Gallic provincials, men long

habituated to the despotic government of Rome—a respect far greater than

any that the Franks had been accustomed to give their kings. The habit

of obedience of the Gallo-Roman was soon copied by the Frank. The second

factor was the enriching of the king by the vast extent of the old

imperial domain land in Gaul, which was transferred at the conquest to

the Frankish king, and became his private property, placing a vast store

both of land and money at his disposal.

The Merovings, then, were despotic rulers, little controlled by any

constitutional checks, and only liable to be deposed by their subjects

if their conduct became absolutely unbearable. Their worst danger was

always from their ambitious relatives, not from their people.

The Frankish king was distinguished from his followers by the regal

privilege of wearing long hair,—to shear a king’s head was the best

token of deposing him,—by his royal diadem, and kingly spear.

Occasionally he borrowed trappings from the Romans, as when, for

example, Chlodovech was invested with the robes of Patrician after his

Gothic War.[17] But the national dress was generally adhered to.

Footnote 17:

See p. 63.

The government of the realm was managed by two groups of ministers—the

royal household, or _palatium_, and the provincial governors. [Sidenote:

The Royal Household.] The household followed the person of the king in

all his movements. It was mainly composed of personal companions, bound

by the oath of fidelity, the _comites_ of earlier days, who had once

formed the king’s war-band, but now constituted his ministers and

officials. These personal adherents were called by the Franks

_antrustions_. We have already seen that the Goths called the same class

_saiones_, and the English _gesiths_.

The chief of the royal household, or _palatium_, was the official whom

later generations usually called the _Major Palatii_, or ‘Mayor of the

Palace.’ He was the king’s first servant, charged with the overseeing of

the rest of the household officials, and ready to act at need as the

king’s other self in matters of war, justice, or administration. In the

days of the first warlike Frankish kings the Mayor of the Palace was

kept in his place by the activity of his master, and was no more than an

important official. But, as the Merovings decayed in personal vigour,

their mayors grew more and more important, till at last we shall see

them taking the place of regent and practical substitute for the king.

The old English monarchies had no officials who can be compared in

importance to them, but, under the Anglo-Normans, the position of the

Justiciar was much like that occupied by the Frankish _Major Palatii_.

After the Mayor of the Palace, the chief ministers of the royal

household were the Marshall (_comes stabuli_), charged with the

oversight of the royal stables; the _Comes Palatii_, who acted as legal

adviser and assessor to the king; the Treasurer; and the

_Referendarius_, or royal secretary. Though primarily household

officials, all these are occasionally found detached from the court on

external business, commanding armies, or sent on embassies.

At first all the posts were given to Franks, save that of the

Referendarius, to fill which it would have been hard to find an educated

man of Teutonic blood. But, by the end of the sixth century, men of

Gallo-Roman origin were occasionally found in occupation of them, and in

the seventh century this became quite common. In 605 we find even the

office of _Major Palatii_, the most important of them all, in the hands

of the Gallo-Roman Protadius.

The provincial, as distinguished from the central, government of the

Frankish realm was exercised by officers who bore the names of Count and

Duke (_comes_, _dux_, _Graf_, _Herzog_). The whole realm was divided

into countships. In the purely Teutonic half the unit was the old tribal

district, which the Roman called _Pagus_ and the Frank _Gau_. [Sidenote:

The Counts and Dukes.] A count was appointed to each of these tribal

units. In the Romano-Gallic half of the kingdom the countship was

composed of the _civitas_, or city with its dependent district, which

had survived from the times of the Western Empire, and often represented

the original Celtic tribe. The count was both a military and civil

official. He administered justice, led the armed levy of his district,

and saw to the raising of taxes.

Several countships were often united and placed under a single official

of higher rank, the _dux_, which the counts had to follow and obey.

These unions of countships were most common on the frontier, where a

strong and united defence against foreign enemies would be needed, and

where it would have been unsafe to leave the charge of the border to

half a dozen counts, who might or might not co-operate willingly with

each other. In Provence and Burgundy the _dux_ was also known by the

Roman title of Patrician.

The provincial no less than the household officials of the Frankish

kings were originally all of Teutonic birth. But, in the sixth century

Gallo-Romans are found intrusted with both the lesser and the greater

charges. We shall have to make mention of one of these native dukes, the

Burgundian Eunius Mummolus, more than once, when recounting the history

of the last years of the sixth century.

[Sidenote: Local Government.] The provincial governor, count or duke,

was assisted by a deputy, or _vicarius_, whom he nominated to fill his

place during his absence at the court or the wars, or while he was

engaged in some specially absorbing task at home. The minor

administration of the countship was carried out by _centenarii_, or

hundred-men, called also on occasion _tribuni_. The countship was

divided into hundreds, and over each of these there presided a

hundred-man, who was appointed by the count to act as a police

magistrate in time of peace, and to head the men of his district in time

of war. Petty law cases came before him, but at stated periods the count

went round all the hundreds in his countship, and administered justice

at a public assembly of the inhabitants.

The count’s tribunal was called the _Mallus_. He sat in company with a

few assessors, chosen from the chief men of the district. These magnates

were called _Rachimburgi_, or _Boni Homines_. They were summoned by the

count, and had no authority independent of his, but by ancient

custom—both Roman and Teutonic—assessors had always been called in to

aid the chief judge. The system is found alike at the tribunal of the

Roman provincial magistrate presiding in his _conventus_, and in the

primitive German law courts described by Tacitus. The count, sitting in

his _Mallus_, had full power of life and death, and authority in all

cases, save where the persons concerned were so great that the case

might be called before the King’s High Court, and tried by the king

himself and the _Comes Palatinus_.

The Franks not unfrequently enforced the death penalty for murder,

arson, brigandage, and other great crimes. But they used also the system

of _weregeld_, like our own Anglo-Saxon forefathers. With the consent of

the family of the victim, almost every murder could be condoned on the

payment of sums varying from 30 gold solidi for a slave to 1800 for a

freeman of high rank. [Sidenote: Weregeld.] In cases when the proof of a

crime was difficult on the evidence produced, the Franks often made use

of oaths and compurgations. The accused for himself, or a body of his

supporters in his behalf, made a solemn oath that he was innocent, and

this sufficed to acquit him if no further evidence was produced.

Judicial combats were also not unfrequent. They appear among the

Burgundians, however, before they were taken up by the Franks. Nor was

the custom unknown of submitting criminals whose conviction was

difficult to the ordeal: that by boiling water, where the accused

plunged his hand into a caldron, was the one most frequently used.

It will be noticed that there was no trace of popular government in this

Frankish administration. The king chose the count and the count the

hundred-man. The king was not controlled or checked by any popular

assembly of the nation, nor the count or hundred-man by any meeting of

the people of his district. The king promulgated edicts and laws on his

own responsibility, and similarly the count administered his countship

without any thought of rendering account to any one save the king. Such

assemblies as took place were summoned to hear the decisions of king or

count, not to debate upon them, or recommend their modification. The

ancient German freedom had disappeared, to give place to an autocracy as

well defined as that of the vanished Roman empire.

Besides dukes and counts, the king kept other officials in the

provinces. These were the _domestici_ who were charged with the control

of the royal domain-land throughout the kingdom. They were the king’s

private bailiffs for his own possessions, acting much as the

‘Procurators of the Fiscus’ had once acted for the Roman emperors in the

ancient provinces. There were other _domestici_ in the palace, whose

offices were also financial, and who must apparently have served as

underlings to the high-treasurer.

The revenue of the Merovings seems chiefly to have fallen under four

heads. [Sidenote: Revenue.] The first was the profits of the royal

domain, worked by the _domestici_. The second was the produce of custom

dues, levied both on the land and the sea-frontier of the empire. The

third was the produce of fines and compositions in the law courts, of

which one-third always went to the king. But the fourth, and most

important, was the regular annual tribute of the countships. Each

district was assessed in the king’s books for a defined sum, and this

the count had to raise and send in, on his own responsibility. It seems

that at first only the Gallo-Roman districts were charged with tribute.

Theudebert, the grandson of Chlodovech, we are told, first subjected the

native Frankish districts to the impost, a grievance so deeply felt

that, when he died, the Austrasians rose, and slew Parthenius, the

minister who had suggested to the king this method of increasing his

revenue.

From this short sketch of the constitution of the Frankish realm it will

be seen that its organisation lay half-way between the almost purely

Teutonic forms of the government of early England and the almost purely

Roman methods employed by Theodoric the Great in Italy. This is what

might have been expected. The Frankish kingdom was by no means a

primitive Teutonic state, but it was far more so than the Ostrogothic

realm in Italy.

------------------------------------------------------------------------

The Dark Ages, 476-918 · 第 7 / 29 章