Merovingian Dynasty - Government and Law

Government and Law

The Merovingian king redistributed conquered wealth among his followers, both material wealth and the land including its endentured peasantry, though these powers were not absolute. "When he died his property was divided equally among his heirs as though it were private property: "the kingdom was a form of patrimony" . Some scholars have attributed this to the Merovingians lacking a sense of res publica, but other historians have criticized this view as an oversimplification.

The kings appointed magnates to be comites (counts), charging them with defense, administration, and the judgment of disputes. This happened against the backdrop of a newly isolated Europe without its Roman systems of taxation and bureaucracy, the Franks having taken over administration as they gradually penetrated into the thoroughly Romanised west and south of Gaul. The counts had to provide armies, enlisting their milites and endowing them with land in return. These armies were subject to the king's call for military support. Annual national assemblies of the nobles and their armed retainers decided major policies of war making. The army also acclaimed new kings by raising them on its shields continuing an ancient practice that made the king leader of the warrior-band. Furthermore, the king was expected to support himself with the products of his private domain (royal demesne), which was called the fisc. This system developed in time into feudalism, and expectations of royal self-sufficiency lasted until the Hundred Years' War. Trade declined with the decline and fall of the Roman Empire, and agricultural estates were mostly self-sufficient. The remaining international trade was dominated by Middle Eastern merchants, often Jewish Radanites.

Merovingian law was not universal law equally applicable to all; it was applied to each man according to his origin: Ripuarian Franks were subject to their own Lex Ripuaria, codified at a late date, while the so-called Lex Salica (Salic Law) of the Salian clans, first tentatively codified in 511 was invoked under medieval exigencies as late as the Valois era. In this the Franks lagged behind the Burgundians and the Visigoths, that they had no universal Roman-based law. In Merovingian times, law remained in the rote memorisation of rachimburgs, who memorised all the precedents on which it was based, for Merovingian law did not admit of the concept of creating new law, only of maintaining tradition. Nor did its Germanic traditions offer any code of civil law required of urbanised society, such as Justinian I caused to be assembled and promulgated in the Byzantine Empire. The few surviving Merovingian edicts are almost entirely concerned with settling divisions of estates among heirs.