The fall of the main stronghold of slavery - the Roman Empire - made it possible for many ethnic groups and peoples to enter the political arena of Western Europe. The slave system was replaced by the feudal system.
The system of feudal relations arose in various historical conditions. In some cases, it took shape in the depths of the slave-owning society itself during its decomposition, as, for example, in ancient Rome, in others - during the decomposition of the clan system.
Education of the Frankish state and its features
The first mentions of the Franks in historical monuments appeared in the 3rd century. Their ancestors had different names: Hamavians, Sicambres, Batavians, etc. Already under Caesar, certain Germanic tribes sought to move to Gaul, a rich Roman province located in the center of Western Europe, according to Tacitus, “exchanging their swamps and forests for very fertile land.” . The Germanic tribes were called Franks in the works of Roman historians. The name “Frank” (translated as “brave”, “free”) was a collective name for a whole group of Lower Rhine and Middle Rhine Germanic tribes. Later the Franks split into two large branches - coastal (Salic) and coastal (Ripuan).
The Romans used the Germans as mercenary soldiers and settled them on their borders to guard their borders. Beginning in 276, the Franks came to Roman Gaul, first as prisoners, then as allies of the Romans. The Franks were at the stage of an early-class society. The neighboring community-mark was the basis of their social life. Its stability rested on the right of collective land ownership and the equality of members of the mark - free peasant warriors. This factor played an important role in the superiority of the Franks over all other Germanic tribes.
After the fall of the Roman Empire in the 5th century. The Franks capture North-Eastern Gaul. This was a significant part of the territory of the Roman Empire. The conquered possessions fell under the authority of the former Frankish leaders. Among them, Merovey is famous, from whose name the name of the royal family of the Merovingians was derived. The most famous representative of the Merovingian family is King Clovis (481-511), who was the king of the Salic Franks. In 486, he captured the Soissons region (the last Roman possession in Gaul) with its center in Paris.
In 496, Clovis, along with three thousand warriors, converted to Christianity. This had very serious political consequences. The fact is that other Germanic tribes, who also tried to profit from the remnants of the Roman Empire, were Arians who denied the dogmas of the Roman Church. Now Clovis received the support of the church in the fight against them. By 510, Clovis created a vast kingdom from the middle Rhine to the Pyrenees. Of interest is the fact that in the occupied territory Clovis proclaims himself a representative of the Roman emperor, for the nominal preservation of a political connection with the empire was one of the ways of proclaiming special rights, and becomes the ruler of a single, no longer tribal, but territorial kingdom.
In the conquered lands, the Franks settled mainly in entire communities, taking away empty lands, as well as areas of the former Roman treasury and the local population. However, in general, the relationship of the Franks with the Gallo-Roman population was peaceful. This ensured the further formation of a completely new socio-ethnic community of Celtic-Germanic synthesis.
The presentation of the material in this textbook is based on the second periodization.
At the first stage, as already noted, there was a process of land seizure and the formation of an early class Frankish state.
At the end of the 6th - beginning of the 7th century. four parts of the Frankish state took shape. In each of them, noble families stood out, possessing full power - royal majordomos. The power of kings was in their hands. This period was called the “era of lazy kings.”
The second stage in the history of the Frankish state is the formation, flourishing and fall of the Carolingian dynasty.
The Carolingian dynasty flourished during the reign of Charlemagne (son of Pepin the Short), who reigned from 768 to 814.
The litas were considered semi-free. Their legal position was very specific. They owned land plots, ran their own households, took part in military campaigns, court meetings, could partially manage their property and enter into transactions with other persons.
Their lives were protected by a wergeld, which was two times lower than the wergeld assigned for the life of a free community member.
Social differences were clearly manifested in the legal status of slaves. This was the most oppressed category of the population of the Frankish state. From the point of view of common law, a slave was considered as a thing and equated to an animal. Their labor was used as auxiliary labor on the farms of the free Franks and the serving nobility. However, unlike the slaves of Athens and Rome, Frankish slaves possessed movable property, as evidenced by their payment of fines in the amount of six solidi (the cost of two healthy cows). This also suggests that they had some legal capacity.
The southern part of the Frankish state was inhabited by a Gallo-Roman population: the Romans were royal diners, the Romans were farmers, the Romans paid taxes. Chapter 41 of Salic Truth speaks of responsibility for the deprivation of life of these categories of the population.
The political system of the Frankish state at the first stage (V-VII centuries)
The formation of the state system occurs through the degeneration of the organs of tribal democracy of the Franks into organs of state power. The huge conquered territories required a special organization of administration and their protection. Clovis was the first Frankish king to establish his position as sole ruler. From a simple military leader, he turned into a monarch, destroying everyone who stood in his way. An important moment in strengthening the position of the Frankish state was Clovis’s adoption of Christianity. The process of formation of the early feudal monarchy began. Head of State - king at this time he became primarily a military leader, whose main concerns were the protection of public peace and the pacification of persons who disobeyed. The state apparatus was just being created; there was no clear delineation of the powers of royal officials. Governance of the state was concentrated in the hands of royal servants and associates. The so-called palace-patrimonial management system was born. Among the king's associates, the following stood out: the palace count, who performed judicial functions; referendar - keeper of the royal seal, in charge of the king's office work; chamberlain - monitored revenues to the treasury and the safety of the palace property.
The formation of local authorities took place under the influence of late Roman orders. Thus, the entire territory of the state was divided into districts, which were headed by counts appointed by the king. They carried out police, military and judicial functions. Counties were divided into hundreds.
In the 8th century government has become more complex. In 800, the Frankish state was proclaimed an empire.
Royal power acquired a special character and its own powers. The power and personality of the emperor received sacred recognition from the church. The title of emperor made the king's legislative and judicial rights undeniable. However, as before, the state apparatus was concentrated at the court.
The local administration was organized as follows. The kingdom was divided into districts - pagi. Each of them was headed by a count, usually appointed by the king from among the large landowners. He exercised administrative, judicial, military and fiscal powers. The pagi, in turn, were divided into hundreds. At the head of each of them was a centurion, the count's representative in the lower court. In some areas (usually border areas), kings appointed dukes whose powers extended over several counties (from 2 to 12). The duke exercised the powers of the count in those parts of the territory entrusted to him where for some reason there was no count at that moment; its main tasks were maintaining peace in the country and organizing defense.
Law of the Frankish State
The original text of this truth has not reached us. The most ancient manuscripts date back to the time of Pepin the Short and Charlemagne (8th century). This original text was supplemented under kings Childebert I and Chlothar I (VI century).
Salic truth was written in Latin and spread its effect mainly in the north of the country. In the south, the Code of Allaric was in force, which Clovis ordered to be applied in the affairs of the Gallo-Romans.
Civil law. During the reign of the Merovingian dynasty, the Franks still retained communal ownership of land. Title LIX of Salic truth determined that the land (allod) belonged to the entire clan community, in the joint use of which were forests, wastelands, pastures, swamps, roads, and undivided meadows. The Franks disposed of these lands on equal rights. At the same time, Salic truth indicates that the Franks used the field, garden or vegetable garden separately. They fenced their plots of land with a fence, the destruction of which was punishable by Salic law (title XXXIV).
Private ownership of land arose as a result of donations, purchases from the Romans, and seizures of unoccupied land. Later these lands were called allod. Along with them, there were lands transferred by the owners for use and possession for certain services and payment in kind, the so-called precaria. In troubled times, when the nobility waged wars for the possession of land, many owners of allods deliberately transferred it to powerful magnates under the condition of patronage, i.e. protection from attacks from other tycoons.
After the reform of Charles Martel, a new type of land ownership appeared - benefices - conditional holding of land associated with service and certain duties. In the future, this type of property becomes the main one.
Law of obligations. With the exception of land, all other property could be the subject of purchase and sale, loan, barter, or gift. The transfer of ownership from one person to another was carried out through tradition, i.e. informal transfer of things that followed contracts. Acquisitive prescription was also recognized; among the Franks it was very short - one year.
Loan obligations were provided with special protection under Salic law, where titles 50 and 52 carefully regulate the procedure for debt collection.
Inheritance law. Women initially could not inherit land. They received this right only in the 7th century. There was no inheritance by will. However, the Franks practiced the so-called affatomy, which was a special way of transferring property after the death of the owner. Title 46 defined in some detail the procedure for such transfer.
Family law. Salic truth does not indicate the order of marriage. However, the analysis of Art. Chapter 3 XXV allows us to conclude that marriage did not take place without the consent of the parents. Marriages between free people and slaves were not approved, otherwise they would lose their freedom. Frankish family law is characterized by the dominance of the husband over his wife, the father over his children. However, it should be noted that the power of the husband and father was not as unlimited as in Ancient Rome. His power over his sons ceased when they reached adulthood (12 years old). Regarding his daughters, he retained his power until their marriage. The position of the wife, who was under the guardianship of her husband, was specific. Divorce was considered unacceptable for her. If the husband decided to divorce his wife, who was not convicted of adultery, or of committing a crime, he had to leave all property to her and the children. Upon marriage, the groom allocated certain property to the bride - in the amount of her dowry, usually it included movable property (livestock, weapons, money). Later, real estate was also transferred as a dowry. Therefore, in the event of the death of a husband, significant property sometimes ended up in the hands of widows. Therefore, it was established that a person who married a widow had to first pay the relatives of the first husband an amount of three solidi and one denarius. This fee was paid to the first husband's closest relative. If it was not found, it went to the royal treasury.
Criminal law. Most of the articles of Salic truth relate to criminal law, the norms of which are expressed in casuistic form, i.e. there is a lack of generalizing and abstract concepts - “guilt”, “crime”, “intention”, “negligence”, etc. From the analysis of these articles, we can conclude that a crime under it is an action that causes physical, material or moral damage to a specific person. Because of this, Salic truth pays more attention to two types of crimes: against the person and against property. The first of these include all actions related to bodily harm, murder, insult, etc. The second includes all encroachments on property. Only a few articles are devoted to the third type - against the order of management.
Subject of the crime. From the text of the Salic truth it follows that all segments of the population were subjects of law. But this does not mean that they all bore the same responsibility. Punishments for slaves were more severe, for example the death penalty, which was not applied to free Franks.
Even when considering cases of theft, the subject’s belonging to slaves or freemen was taken into account (title 40, § 1, 5). The owner was responsible for a crime committed by a slave only if he refused to hand over the slave to be tortured. Moreover, the responsibility for the owner was established the same as if the crime had been committed by a free person (title 40, § 9).
In Salic truth there are also indications of a group subject. So, for example, in the title “On Murder in a Crowd,” responsibility was established depending on the degree of activity of its participants. But at the same time, Salic truth still recognized in some cases equal responsibility for all those who committed a crime (title XIV, § 6). All of the above confirms the thesis that society has not yet developed its class structure.
Objective side. Salic truth recognized only action as punishable; inaction was not punishable. The Franks already distinguished between such methods of theft of property as theft and robbery. Moreover, not only the amount of the stolen goods was taken into account, but also how the crime was committed (burglary, key selection, etc.) - title XI, § 2, 5.
Subjective side. Salic truth provided for liability only for intentional crimes. She had not yet known other forms of guilt.
The object of the crime was, as a rule, only those social relations that regulated the protection of life, health and honor of a person, as well as his property. But there were separate articles that regulated certain aspects of social relations in the sphere of management order (title 51, § 2).
Consideration of the elements of the offense according to Salic law allows us to conclude that the law, like society and the state itself, was imperfect, having signs of both a tribal and state system.
Punishment. Its goals according to Salic truth were: general and specific warning, retribution, but the main goal was compensation for damage. Salic truth, as already noted, provided for various punishments for free and slaves. So, if for free Franks the punishments were predominantly property, then for slaves, in addition to fines, corporal punishment and even the death penalty were used (though only in exceptional cases for serious crimes) - title 40, § 5.
The fines under the Salic truth were very large. The smallest of them was equal to three solidi, and this is the cost of a cow, “healthy, horned and sighted.”
The fine for murder was called “vira”, “wergeld” (cost of life). It depended on the identity of the person killed. If this is a bishop, then they paid 900 solidi, a count - 600, etc. Of interest here is the fact that for the murder of women they paid as for the murder of a person in the royal service - 600 solidi. It is quite clear that such high fines were beyond the reach of ordinary Franks. In this regard, title 58 “On a handful of earth” is of interest, which regulates the procedure for paying wergeld by the murderer’s relatives.
Court and process. During the period of the clan system, judicial functions belonged to the clan assembly. In the era of Salic truth, the judicial body became the court of hundreds - the malus, which met periodically at certain times and consisted of seven elected rakhinburgs, which decided cases under the chairmanship of the elected tungin. Rahinburgs usually elected wealthy people, but hundreds of free residents were required to attend court meetings. The Rahinburgs were obliged to judge according to the law, and the plaintiff had the right to remind them of this duty. If, after this, they refuse to consider the case, then they are sentenced to pay a fine of three solids, and if they are judged not according to the law, they are sentenced to pay 15 solids (title 57, art. 1-2).
With the rise of the power of the king and his local agents, hundreds of counts and dukes began to exercise judicial functions. Kings also began to hear court cases. During the era of the "lazy kings", the mayors received the right to judge on behalf of the king, along with certain court officials. Charlemagne undertook an important reform of the court: he abolished the obligation of free residents to appear at all court meetings and replaced the elected Rahinburgs with members of the court appointed by the king - Scabins.
The Skabins were appointed by the king's envoys from among the local landowners. They were in the service of the king and judged under the chairmanship of the count. Under Charlemagne, church courts appeared for clergy, as well as for laity, with a mixed composition of judges for a certain category of cases.
The trial was accusatory and adversarial in nature. Finding the stolen item, calling the defendant and witnesses to court was the responsibility of the victim himself. Salic truth established severe liability for the failure of the defendant to appear in court (title 56), as well as witnesses whose testimony is necessary for the plaintiff (title 49). By the way, for false testimony, the Salic truth provided for a fine of 15 solids (title 43).
As for the search for a stolen thing, it was regulated by title 37 and was called pursuit. During its implementation, one important circumstance was determined: during what time the stolen item was found. If before the expiration of three days, then the plaintiff through third parties had to prove that this thing was his. And if three days have passed since the theft, then the one from whom it was found must prove the good faith of its acquisition. Title 47 “On Search” determined the procedure for proving one’s rights to controversial things. Of interest here is the time limit for scheduling a trial - 40 days for those who live on one side of the Loire River, and 80 days on the other side.
The court considered the case in the presence of witnesses, whose testimony was the main type of evidence and was given under oath. The number of witnesses under the law could vary depending on the category of cases (from 3 to 12 people). When it was not possible to find out the truth with the help of witnesses, they resorted to ordeals, which were carried out by immersing the hand of the accused in a pot of boiling water. The subject had to put his hand there and hold it until a certain sacramental formula was pronounced. The burned hand was bandaged and after some time examined again in court. If the wound on the hand had healed by that time, the subject was declared innocent; if not, he was punished. However, it was possible to buy oneself out of this procedure, but only with the consent of the victim (title 53).
Thus, the Salic truth included some benefits for the rich in the process.
The sentences of the local court were carried out by the counts and their assistants.
From the surname Merovingian, occupied all of Gaul. Under the rule of the kings of this dynasty were, on the one hand, the Gallo-Romans, on the other, in addition to the Franks (Salic and Ripuarian), and other Germanic tribes, conquered by the Franks under Clovis and his successors (Allemans, Burgundians, Bavarians and Thuringians). After the death of Clovis (511) he had four sons, who divided their father's inheritance into four inheritances, since at this time the Franks had not yet developed a real understanding of what a state was as opposed to a private estate. Although the youngest of the sons of Clovis (Clothar I) managed to unite the entire kingdom under his rule again, after him it fell apart again. Already under the sons of Clovis, there were events between individual Merovingians. quarreling And civil strife, distinguished by extreme unbridledness and cruelty of morals. Certain parts of the kingdom also did not get along with each other. Northeastern part of the monarchy (Austrasia) inhabited by Ripuarian Franks and other Germanic tribes, who only very weakly obeyed Roman principles, while the north-west (Neustria), southwest (Aquitaine) and southeast Burgundy) were, on the contrary, heavily Romanized.
Growth of the Frankish state 481-814.
The Merovingian kings sought to subjugate the Franks to their power on a par with the Gallo-Romans, who were already accustomed to the absolute power of the emperor, but the Franks did not look particularly kindly on the strengthening of royal power. In most of the state, however, Frankish principles of life fell into decay. People's Assembly, which had major significance in the life of the Germans in their homeland, has already become impossible after the Franks settled throughout Gaul. The place of veche meetings was taken under the Merovingians by the so-called March fields, to which the kings annually summoned their army, consisting of Franks and Gallo-Romans; but it was more like military reviews, although they also witnessed the approval of new laws or various royal orders. At the head of individual regions were graphs(comites), appointed by the king and enjoying great power, but local councils continued to exist next to them for more important matters. Thus, the kings ruled the state in the Roman way - through the officials they appointed; however, this system turned out to be unfeasible due to the then state of society.
State economy of the empire under the Franks came to Gaul into frustration. Society did not want to pay taxes, the government did not know how to collect them. Without state revenues at their disposal, the Frankish kings began to reward their servants, who were entrusted with certain positions, grants from their estates. In Gaul during the imperial era there were many estates that belonged to the imperial fiscus (treasury); these estates went to the Frankish kings, who began to look at them as their private property, and began to generously distribute them for service, without making much of a distinction between purely court and government positions. While there were many such lands left, the Merovingians had something to reward their servants, but then they became impoverished and with this lost their former meaning. But in society The nobility took away great power. It was composed of large landowners dating back to the Roman era and of the king’s confidants or servants, enriched by royal grants. From this nobility especially the so-called majordomos(major domus) or chamber measures (major palatii), who stood at the head of the entire palace administration; they were in charge of the royal estates and their distribution and at the same time were the leaders of the royal squad. The weakening of state power entailed the strengthening of the nobility. The rich and powerful began oppress the common people: the strong took away the lands from the weak, and they themselves were subjugated to their power, and many poor people and they themselves became enslaved, in order to find protection and patronage from some noble and rich person.
Kingdom of the Franks. Video tutorial
33. Austrasian majordomos
In VII. V. received main importance in the Frankish kingdom Austrasia, where the old Frankish orders and customs were stronger. In this part of the Frankish state, he was elevated to mayor Pepin of Geristal, possessed many estates and distinguished himself in the fight against the Saxons. The position of majordomo became hereditary in his family name, and he himself even began to be called the Duke of the Austrasian Franks. His son Charles, nicknamed Hammer (Martell), defeated the Neustrian Franks and forced them to submit to his power; he also dealt a blow to the Allemans, Bavarians and Thuringians, who wanted to regain their independence. Thus Charles Martel brought the whole kingdom back together. The Merovingian kings under the Austrasian majordomes were kings in name only; the throne was controlled by the mayordomos. In addition to wars with Austrasia's neighbors. Karl Martel had to repel the invasion of Gaul by the Arabs, who had recently conquered Spain and invaded Aquitaine, and this victory also raised his authority. Meanwhile, he had too few material resources, because almost all of the royal estates were distributed. Then the decisive mayor began to use it to meet state needs those properties that belonged to the clergy and monasteries, which, of course, caused displeasure among church representatives. Son of Charles Martel Pepin the Short, no longer wanted to remain majordomo and placed the royal crown on his head (752), thereby founding a new dynasty Carolingian .
A typical example of an early feudal monarchy was Frankish state, states in Western and Central Europe from the 5th to the 9th centuries. It was formed on the territory of the Western Roman Empire simultaneously with other barbarian kingdoms. This territory has been inhabited by the Franks since the 3rd century. Due to the continuous military campaigns of the mayor of the Franks - Charles Martella, his son - Pepin the Short, as well as grandson - Charlemagne, the territory of the Frankish empire reached its largest size by the beginning of the 9th century.
The Kingdom of the Franks lasted much longer than all the other barbarian states of continental Europe. Two and a half centuries later, having reached Charlemagne its highest power and its maximum territorial extent. Frankish Empire was the ancestral home of a number of modern Western European states - France, Germany, Italy, Austria, Switzerland, Belgium, etc.
The rapid formation of the Frankish state in the form early feudal monarchy contributed to the victorious wars and class differentiation of Frankish society. Since the Frankish state entered the era of feudalism in the process of decomposition of the primitive communal system, bypassing the stage of slavery in its development, elements of the old communal organization and tribal democracy still remained in it. The society was characterized multi-structure(a combination of slaveholding, tribal, communal, feudal relations) and the incompleteness of the process of creating basic classes of feudal society.
The genesis of feudalism among the Franks
The processes of feudalization among the Franks are developing during the wars of conquest of the 6th - 7th centuries. The right to dispose of the conquered land in Northern Gaul is concentrated in the hands of the king. The serving nobility and royal warriors, bound by vassalage to the king, became large owners of lands, livestock, slaves, and colones (small tenants of land). The nobility was replenished by the Gallo-Roman aristocracy, who went into the service of the Frankish kings. The development of feudal relations accelerated due to the clash between the communal orders of the Franks and the private property orders of the Gallo-Romans.
In the middle of the 7th century. in Northern Gaul begins to take shape feudal estate with its characteristic division of land into master's and peasant's. The royal land fund was reduced due to the distribution of land by kings to their vassals. The growth of large landholdings was accompanied by infighting among landowners, which showed the fragility of the Merovingian kingdom. During this period, state power was concentrated in the hands of the nobility, who seized all the main positions and, above all, the post of mayor. Mayordom under the Merovingians he was the highest official. Initially, he was appointed by the king and headed the palace administration.
With the weakening of royal power, his powers expand, and the mayor becomes the actual head states. At the turn of the 7th–8th centuries, this position became the hereditary property of a noble and wealthy family, which laid the foundation for the Carolingian dynasty.
Period of the Merovingian monarchy (VI-VII centuries)
Leader of the Western (Salic) Franks tribe Clovis from the family of Merovey, he defeated the Romans at the Battle of Soissons and subjugated Northern Gaul (486). He and his squad converted to Christianity according to the papal rite (496). The Merovingians had two goals:
- elimination of tribal separatism, unification of all parts of the state;
- the elimination of old forms of government, the subordination of the country, divided into territorial districts, to royal officials and judges.
The legal code of the Salic Franks was Salic truth . The land, previously considered the property of the clan, turned into allodium - property of a specific family (late VT century). Allod could be bequeathed, sold, bought.
The head of state was king. His government consisted of: the first councilor of the kingdom ( majordomo); legal adviser to the king (palace count); manager of the office (referendar); commander of the royal cavalry (marshal). The king's lieutenants in a certain district (counts) were judges and tax collectors.
After the death of Clovis, internecine wars began, as a result of which the kings were almost completely removed from governing the country. The period is coming "lazy kings" . The actual head of state becomes the major.
Mayordom Charles Martell carried out reforms. Having confiscated part of the church and monastery lands, he began to distribute them as benefices - grants of land under the condition of performing military service and performing certain duties. As a result, a standing army was created. This is how the connection began to develop: the king ( senor) and the beneficiary subordinate to him ( vassal).
Period of the Carolingian monarchy (8th century - first half of the 9th century)
The transfer of royal power to the Carolingians was ensured by successes Charles Martella , who was the mayor of the Frankish state in 715 - 741. He restored the political unity of the kingdom and actually concentrated the supreme power in his hands. The lands confiscated from rebellious magnates and monasteries, together with the peasants who lived on them, are transferred to them for conditional lifelong tenure - benefice .
Beneficiary - beneficiary holder - was obliged to perform service, mainly military, sometimes administrative, in favor of the person who awarded the land. Refusal to serve or treason against the king was deprived of the right to an award. The reform led to the growth of feudal land ownership and increased enslavement of peasants, and also gave impetus to education vassalage systems - feudal hierarchical ladder, a special system of subordination: contractual relations were established between the beneficiary (vassal) and the person who handed over the land (seigneur).
Charlemagne (768 - 814)
Son of Charles Martel Pepin the Short was proclaimed king of the Franks (751). With his son Charlemagne The Frankish kingdom reaches its peak (768-814). He takes the title emperor(800). The territory of the state grew due to conquests. Italy (774), Bavaria (788), northeastern Spain (801), Saxony (804) were annexed, and the Avar Khaganate in Pannonia was defeated (796-803).
Under Charlemagne, the traditions of ancient culture are being revived. Schools for boys are opened, and an Academy is established in Aachen. The Romanesque style in architecture is formed.
At the head of the state was the king - the supreme overlord of all feudal lords. The vassals of the first level were large secular and spiritual feudal lords: dukes, counts, princes, archbishops, bishops. Vassals of the second level are barons. The knights (petty nobles) did not have their own vassals; they were directly subordinate to the peasants, to whom they gave the land to hold.
The peasant paid rent to the landowner. Forms of rent: labor (corvée), food, cash.
The basis of vassalage was the allotment fief- hereditary land property, which was given under the condition of military service, military or monetary assistance and loyalty to one’s overlord.
Collapse of the Frankish Empire
The grandchildren of Charlemagne, according to the Treaty of Verdun, divided the empire into three parts (843).
- Senior - Lothair received possession of Italy, Burgundy and Lorraine - lands along the river. Rhine.
- Second - Louis the German- land beyond the river Rhine (Saxony, Bavaria).
- Third - Karl Baldy- lands of the Frankish kingdom itself.
The Treaty of Verdun marked the beginning of the formation of three future European countries - France, Germany, Italy. The Carolingian dynasty had five branches:
- Lombard, founded by Pepin of Italy, son of Charlemagne. After his death his son Bernard ruled Italy as king. His descendants settled in France, where they had the titles of counts of Valois, Vermandois, Amiens, and Troyes.
- Lorraine descended from Emperor Lothair, the eldest son of Louis the Pious. With his death, the Middle Kingdom was divided among his sons, who received Italy, Lorraine and Lower Burgundy. Since the new rulers had no sons left, in 875 their lands were divided between the German and French branches.
- Aquitaine, founded by Pepin of Aquitaine, son of Louis the Pious. Since he died before his father, Aquitaine went not to Pepin’s sons, but to his younger brother Charles the Tolstoy. The sons left no descendants, and in 864 the dynasty died out.
- German descended from Louis the German, ruler of the East Frankish kingdom, son of Louis the Pious. He divided his possessions between his three sons, who received the duchies of Bavaria, Saxony and Swabia. His youngest son Karl Tolstoy briefly reunited the western and eastern kingdoms of the Franks, which were finally separated with his death.
- French- descendants of Charles the Bald, son of Louis the Pious. They owned the West Frankish kingdom, the reign of the dynasty was interrupted after the death of Karl Tolstoy and during the usurpation of the throne by the Robertines (twice) and the Bosonids. After the death of Louis V in 987, representatives of the French branch of the Carolingians lost the royal throne.
With the collapse of the Frankish Empire in Europe, a period began feudal fragmentation . With the growth of feudal land ownership, individual lords, large landowners, received privileges - immunity , which consisted in possessing the rights of military, judicial and financial power over the peasants living on their lands. The estates of the feudal lord who received the king's immunity letter were not subject to the activities of state officials, and all state powers were transferred to the owner of the estate. In the processes of establishing the power of large landowners over peasants in Western Europe, she played a huge role, becoming herself a large land owner. The stronghold of the dominant position of the church were monasteries, and the secular nobility - fortified castles, which became patrimonial centers, places for collecting rent from peasants, and a symbol of the power of the lords.
Lesson summary "The Frankish state as a typical example of an early feudal state."
Political system. The Frankish state cannot be called united. After a short unity during the reign of Clovis, Neustria (New Western Kingdom), Burgundy and Austrasia (Eastern Kingdom) and Aquitaine (southern part) were separated on the territory of the state. The period of Merovingian rule was characterized, firstly, by the gradual degeneration of tribal organization bodies into state bodies, secondly, the decline of the role of local government bodies and, thirdly, the formation of the state in the form of an early feudal monarchy.
The letters of immunity that the king issued to his vassals provided the latter with a number of powers in the territory under their control.
The formulas were samples of documents that were kept in the offices of secular and religious institutions and served as a kind of standard for carrying out various types of transactions: purchase and sale, loan, etc.
Among the written sources, the Salic truth is of greatest interest for research, since it revealed the features of the social and state system, transitional from the tribal community to the state.
Salic truth. The original text of Salic truth, the formation of which took place during the reign of Clovis, has not reached us. The most ancient manuscripts date back to the times of Pepin the Short and Charlemagne. Salic truth served as a legal guide, that is, it served as a source that guided state officials, in particular judges, in the administration of justice. It was an unsystematic record of disparate legal customs that reflected the remnants of the tribal system, such as expulsion from the community for committing a crime, etc.
The norms of a legal monument are characterized by formalism and casuistry. Formalism can be traced in the establishment of a strict order of legal actions associated with symbols and rituals. Violation of these actions, non-compliance with the rituals established by legal norms led to the insignificance (invalidity) of this or that action. Thus, the law required in one case to pronounce strictly defined words, in another - to break branches “with a cubit measure”. The casuistic nature of the norms of criminal law recorded by Salic truth is beyond doubt, because they were not talking about general concepts, but about specific incidents (cases).
Although Salic truth includes the norms of all legal institutions, it is characterized by incompleteness and fragmentation. At the same time, Salic truth reflects the significant role that religious institutions played in society, adjacent to legal norms (the use of oaths in legal proceedings, ordeals to remove charges from a person), shows the process of decomposition of tribal relations, which is associated with the property stratification of society, gives an idea of social system of the Franks at the beginning of the 6th century.
Property relations. The norms of Salic truth established two types of land ownership: communal (collective) and family. The collective property of the community included pasture lands and lands occupied by forest lands, and the common family property included household plots and arable lands. The existence of communal property among the Franks is evidenced by the title “On Migrants.” The newcomer could remain in the village only with the consent of every single village resident. The execution of the decision of the community court to evict a stranger was carried out by the count. However, if the newcomer managed to live without protest from community members for one year and one day, he acquired the right to settle by prescription. The existence of family property is evidenced by the strict liability of those responsible for arson or destruction of the fence of the land allocated to the family. The land plot was not subject to purchase and sale. The law allowed only its inheritance by children in the male line. At the end of the 6th century. it became possible to transfer land to other relatives, including daughters and sisters of the deceased. This was enshrined in the edict of King Chilperic. At the beginning of the 7th century. The Franks had already, without a doubt, received the right to dispose of both household and arable land.
Movable property was personal property. It was freely alienated and passed on by inheritance.
Commitment relationships. The institution of contract law was in its infancy due to the underdevelopment of commodity-money relations. The code of law did not contain general conditions for the validity of contracts, but only established the need to reach an agreement between the parties when concluding certain types of contracts. If the contract is not fulfilled, the debtor becomes liable. If the debtor refused to repay the debt (return the thing), the court obliged him not only to fulfill the contract, but also to pay a fine. The law also provided for the personal liability of the debtor in the form of debt slavery.
The Code of Law established such types of contracts as purchase and sale, borrowing, lending, barter and donation. The conclusion of the agreement, as a rule, took place publicly.
Salic truth contains rules regarding the emergence of obligations as a result of causing harm as a result of the commission of a crime.
Inheritance. The Franks had two types of inheritance: by law and by will.
Land property, when inherited by law, was initially transferred to male persons. In the VI century. the law allowed daughters to inherit in the absence of sons; in their absence, father, mother, brother, sister and other relatives on the paternal side became heirs.
Salic truth secured inheritance by will in the form of so-called affatomy (donation). It consisted in the fact that the testator transferred the property belonging to him to a trustee (intermediary) and obliged him no later than a year to transfer the property to the heir (heirs). The affatomy procedure was carried out publicly in the people's assembly, observing formalities and a special procedure.
Marriage and family law. The norms of marriage and family law, reflected in the Salic truth, revealed issues related to the conclusion and dissolution of marriage, as well as family relations.
The form of marriage was the purchase of a bride by the groom. This was preceded by the consent of the parents of the bride and groom. Bride kidnapping was punishable by a fine. Marriages between relatives and marriages of freemen and slaves were prohibited. The marriage of a slave and a free man entailed the loss of freedom for the latter.
The man in the family occupied a dominant place. The husband had custody of his wife and children: boys until the age of 12, girls until marriage. After the death of her husband, the widow fell under the guardianship of her adult sons or other heirs of the deceased. Although the wife had her own property (dowry), she could not dispose of it without the permission of her husband.
Divorce was initially allowed only on the initiative of the husband. The husband could divorce only if his wife cheated or committed certain crimes. A wife who left her husband was subject to the death penalty. In the 8th century Charlemagne established the indissolubility of marriage.
Criminal law. This legal institution was not developed and bore the imprints of the tribal system. This is evidenced by the casuistic nature of legal norms, high amounts of fines, the establishment of objective imputation (liability without guilt), and the preservation of remnants of blood feud. Thus, the judge gave the victim the opportunity to deal with the perpetrator if the latter was caught at the crime scene.
In addition, Salic truth perpetuates existing social inequality and, when determining sanctions for a crime, proceeds from the class position of the victim, and sometimes from the class position of the criminal.
The Franks understood the crime as causing harm to persons and property and violating the royal “peace.” All the crimes described in Salic truth can be combined into five groups: 1) violation of the king’s orders; 2) crimes against the person (murder, bodily harm, etc.); crimes against property (theft, breaking someone else's fence, etc.); 4) crimes against morality (violence against a free girl); 5) crimes against justice (perjury, failure to appear in court).
The norms of Salic truth contain provisions regarding aggravating circumstances, such as complicity, murder on a hike, or an attempt to hide traces of a crime. There is a concept of incitement to theft and murder.
The Franks understood punishment as compensation for harm to the victim or members of his family and payment of a fine to the king for violating the royal “peace.” In exchange for blood feud, Salic truth begins to provide for the payment of a fine. For murder, a fine was imposed in favor of the relatives of the murdered person, the so-called wergeld (price of a person). The size of the wergeld was determined by the social status of the person killed. Various punishments were applied to freemen and slaves. Freemen were sentenced to pay a fine and be expelled from the community (outlawed). When committing property crimes, in addition, losses were recovered from the perpetrator, and in case of harm to health, funds were collected for the treatment of the victim. When expelled from the community, the offender's property was usually confiscated. Slaves were subject to the death penalty, self-harm and corporal punishment.
The trial according to the Salic truth was accusatory in nature. Evidence of the commission of a crime was the arrest of the perpetrator at the crime scene, the confession of the accused himself, and witness testimony.
To clear a person of charges, evidence such as sworn oaths, oaths, and ordeals was used; judicial duels During a sworn oath, several persons (usually 12 relatives and acquaintances of the accused) could confirm his good reputation and thereby certify that he could not commit a crime. Ordeals (“divine judgment”) were used by the Franks most often in the form of a “cauldron” test, that is, using boiling water. It was possible to pay off an ordeal by paying a fine in favor of the victim and the treasury. Judicial fights took place in the presence of judges. The feudal lords fought on horseback and in full armor; ordinary people used sticks as weapons. The one who won the duel was considered to have won the case. Torture was used to force slaves to admit their guilt.
The trial proceeded as follows. At the trial, the victim brought charges against the guilty party. The accused either admitted the charge brought against him or denied it. If the perpetrator found himself guilty, the court made a decision on the merits. Otherwise, the judge began examining the evidence.
If the court found the accused guilty, the latter had to comply with the court's decision. If the court decision was not executed, the victim appealed to the Rahinburg court, which, to ensure the execution of the court decision, confiscated the property of the perpetrator in the amount of the debt. If the convict did not agree with the decision of the Rahinburg court, he was summoned to court hundreds after 40 days. In case of refusal this time to comply with the court's decision, the victim summoned the convicted person to the king's court. Refusal to appear before the royal court or to comply with its decisions entailed declaring the culprit outlaw. In this case, both the perpetrator and his property became the property of the victim.
Larger territorial associations were created on the border of the country - duchies, consisting of several districts. Dukes, those who headed their administration were primarily commanders of the local militia. They were entrusted with border defense. Otherwise, they had the same powers as the counts. In the original German lands (the eastern regions of the Frankish state), ducal power was of a slightly different nature. It had its roots in the past, to the time of tribal leaders, whose descendants became dukes of the Frankish kings.
The emergence of a state among the Franks
A contemporary tells how Clovis's power increased during the conquest of Gaul. One day, after a fierce battle, the Franks, among other spoils of war, captured a precious cup. According to ancient custom, all war booty was divided by lot among the warriors. But Clovis asked to give him this cup in addition to his share. “Do whatever you want,” the warriors answered. “No one can resist your power!” But one of the warriors stepped forward and, cutting the bowl with a battle ax, declared: “You will receive nothing except what you get by lot!” Clovis remained silent, but decided to take revenge on the warrior. A year later, at a military review, he accused the rebellious warrior of keeping his weapons in disarray, and cut off his head with a battle axe. “That’s what you did with the cup!” - he exclaimed at the same time. After the review, the warriors dispersed in fear. So, relying on his loyal squad, Clovis forced the Franks to submit.
State and law of the Franks
Private ownership of land arose as a result of donations, purchases from the Romans, and seizures of unoccupied land. Later these lands were called allod. Along with them, there were lands transferred by the owners for use and possession for certain services and payment in kind, the so-called precaria. In troubled times, when the nobility waged wars for the possession of land, many owners of allods deliberately transferred it to powerful magnates under the condition of patronage, i.e. protection from attacks from other tycoons.
State and law of the Franks
Inheritance under a will was carried out by donation (affatomy), performed publicly in the people's assembly in a strictly established form: the property was transferred to a third party, who was obliged no later than a year after the death of the donor to transfer this property to the specified person.
General characteristics of the Frankish state
Even at the first demand, the creditor received from Tungin the right to protest in the presence of witnesses against any payment to anyone and against any pledge that could be made to his detriment by his debtor. Finally, the creditor went to the count, who, together with him and the seven Rahinburgs, went to the debtor’s house, seized his property and transferred to the creditor property commensurate with the amount of the debt. The third part of the fine went to the count as a fredus (fine for breaking the peace).
STATE OF THE FRANKS
The highest judicial power was in the hands of the monarch. Most cases were heard by the main courts—the “courts of the hundred.” Gradually, judicial power began to pass into the hands of feudal lords. The count, centenary or vicar convened a molberg - a meeting of hundreds of free people. They chose judges from among themselves - Rakhinburgs. The trial took place under the leadership of an elected chairman - Tungin. All free and full-fledged residents of the hundred were to be present at the meeting. Royal commissioners monitored only the correctness of legal proceedings.
Topic 4: Brief lecture notes on the topic: “State and Frankish law”
The center of government of the empire was the imperial court with its officials - the palace count, who combined in his hands the leadership of the royal administration along with the administration of justice; the chancellor is the custodian of the state seal, responsible for drawing up royal acts and heading the office; Count Palatine, in charge of palace management; archchaplain - head of the Frankish clergy, confessor of the king and his adviser on church affairs, custodian of the special shrine of the Frankish monarchs - the cloak of St. Martin Tulsky. Most of the other positions that existed earlier (marshal, seneschal, etc.) were preserved under the Carolingians.
State of the Franks in brief
The main differences between them were related to the origin and legal status of the person or the social group to which he belonged. Over time, the factor influencing the legal differences of the Franks became their membership in the royal service, the royal squad, and the emerging state apparatus. Feature of the V - VI centuries. in Western Europe marks the beginning of the ideological offensive of the Christian Church. The growing ideological and economic role of the church began to manifest itself in its power claims. The church at this time was not yet a political entity and did not have a unified organization, but it had already begun to become a large landowner, receiving numerous land donations from both rulers and ordinary people. Religious power is increasingly intertwined with secular power.
State of the Franks in brief
Local forms of self-government—traditional meetings of villages and their associations (hundreds)—were gradually eliminated. They were replaced by a system of officials appointed initially from the center - the king's commissioners. The entire territory of the country was divided into districts - pagi. Management of the district was entrusted to the count. He was assigned a military detachment.
STATE OF THE FRANKS
- Charles Martell “The Hammer”, who ruled the Frankish state as major-duke from 715 to 741, put an end to the donation of lands into full ownership and began distributing them in the form of benefices; carried out the confiscation of lands from rebellious (non-submissive) secular and spiritual feudal lords; carried out mainly the unification of many parts of the Frankish state into a single whole; laid the foundation for a professional knightly army.
- In 800, Charlemagne took the title of emperor. The evolution of the political system during this period went in two directions: the strengthening of royal power itself and the elimination of local self-government.
Free collection of essays
Tribal relations as a structure of power did not meet the emerging requirements, and they begin to give way to a new organization in which the power of the military leader turns into royal power. This was a special “public power” that no longer coincided directly with the population. The establishment of public power was inextricably linked with the introduction of territorial division of the population. The territories inhabited by the Franks were divided into districts - paci, which consisted of smaller units - hundreds. Population management in these territorial divisions was entrusted to special officials.
State of the Franks
The decline of imperial power and the growing unpopularity of Roman rule created favorable conditions for the allied kings of Rome to expand their powers and satisfy their political claims. They often, with reference to the imperial commission, appropriated full power, levied taxes from the local population, etc.
Frankish Empire (Frankish State)
In 481, the Merovingians were led by Clovis, the son of the deceased king Childeric. Clovis was greedy for power, self-interested and sought at all costs to expand the borders of the kingdom through conquest. From 486, Clovis began to subjugate the outlying Roman cities, the population of which voluntarily came under the authority of the Frankish ruler. As a result, he was able to grant property and land to his associates. Thus began the formation of the Frankish nobility, which recognized themselves as vassals of the king.
Abstract: State of the Franks
The growing ideological and economic role of the church could not but manifest itself sooner or later in its claims to power. However, the church at that time was not yet a political entity, did not have a unified organization, representing a kind of spiritual community of people led by bishops, of whom, according to tradition, the most important was the Bishop of Rome, who later received the title of Pope.
The emergence of the Frankish kingdom
The Franks were courageous and fearless warriors. Contemporaries said about them that if the Frank could not win in battle, then he would rather die than show his back to the enemy. Leader of the Franks Clovis(486-511) managed to unite these warlike tribes and became their king. In 486 he conquered the lands of the former Roman province Gaul and founded his kingdom here.