History picks up the Franks in 240, when the Emperor Aurelian defeated them near Mainz. The Ripuarian Franks—“of the bank”—settled early in the fifth century on the west slopes of the Rhine; they captured Cologne (463), made it their capital, and extended their power in the Rhine valley from Aachen to Metz. Some Frank tribes remained on the east side of the river, and gave their name to Franconia. The Salic Franks may have taken their distinguishing name from the river Sala (now Ijssel) in the Netherlands. Thence they moved south and west, and about 356 occupied the region between the Meuse, the ocean, and the Somme. For the most part their spread was by peaceful migration, sometimes by Roman invitation to settle sparsely occupied lands; by these diverse ways northern Gaul had become half Frank by 430. They brought their Germanic language and pagan faith with them; so that during the fifth century Latin ceased to be the speech, and Christianity the religion, of the peoples along the lower Rhine.
The Salic Franks described themselves, in the prologue to their “Salic Law,” as “the glorious people, wise in council, noble in body, radiant in health, excelling in beauty, daring, quick, hardened … this is the people that shook the cruel yoke of the Romans from its neck.”35 They considered themselves not barbarians but self-liberated freemen; Frank meant free, enfranchised. They were tall and fair; knotted their long hair in a tuft on the head, and let it fall thence like a horse’s tail; wore mustaches but no beards; bound their tunics at the waist with leather belts covered with segments of enameled iron; from this belt hung sword and battle-ax, and articles of toilet like scissors and combs.36 The men, as well as the women, were fond of jewelry, and wore rings, armlets, and beads. Every able-bodied male was a warrior, taught from youth to run, leap, swim, and throw his lance or ax to its mark. Courage was the supreme virtue, for which murder, rapine, and rape might be readily forgiven. But history, by telescoping one dramatic event into the next, leaves a false impression of the Franks as merely warriors. Their conquests and battles were no more numerous, and far less extensive and destructive, than our own. Their laws show them engaged in agriculture and handicrafts, making northeastern Gaul a prosperous and usually peaceful rural society.
The Salic Law was formulated early in the sixth century, probably in the same generation that saw Justinian’s full development of Roman law. We are told that “four venerable chieftains” wrote it, and that it was examined and approved by three successive assemblies of the people.37 Trial was largely by “compurgation” and ordeal. A sufficient number of qualified witnesses attesting the good character of a defendant cleared him of any charge of which he was not evidently guilty. The number of witnesses required varied with the enormity of the-alleged crime: seventy-two could free a supposed murderer, but when the chastity of a queen of France was in question, three hundred nobles were needed to certify the paternity of her child.38 If the matter at issue still stood in doubt, the law of ordeal was invoked. The accused, bound hand and foot, might be flung into a river, to sink if innocent, to float if guilty (for the water, having been exorcised by religious ceremony, would reject a sinful person);39 or the accused would be made to walk barefoot through fire or over red-hot irons; or to hold a red-hot iron in his hand for a given time; or to plunge a bare arm into boiling water and pluck out an object from the bottom. Or accuser and accused would stand with arms outstretched in the form of a cross, until one or the other proclaimed his guilt by letting his arm fall with fatigue; or the accused would take the consecrated wafer of the Eucharist and, if guilty, would surely be struck down by God; or trial by combat would decide between two freemen when legal evidence still left a reasonable doubt. Some of these ordeals were old in history: the Avesta indicates that the ordeal of boiling water was used by the ancient Persians; the laws of Manu (before A.D. 100) mention Hindu ordeals by submersion; and ordeals by fire or hot irons appear in Sophocles’ Antigone.40 The Semites rejected ordeals as impious, the Romans ignored them as superstitious; the Germans developed them to the full; the Christian Church reluctantly accepted them, and surrounded them with religious ceremony and solemn oath.
Trial by combat was as old as ordeal. Saxo Grammaticus describes it as compulsory in Denmark in the first century A.D.; the laws of the Angles, Saxons, Franks, Burgundians, and Lombards indicate its general use among them; and St. Patrick found it in Ireland. When a Roman Christian complained to the Burgundian King Gundobad that such a trial would decide not guilt but skill, the King replied: “Is it not true that the issue of wars and combats is directed by the judgment of God, and that His Providence awards the victory to the just cause?”41 The conversion of the barbarians to Christianity merely changed the name of the deity whose judgment was invoked. We cannot judge or understand these customs unless we put ourselves in the place of men who took it for granted that God entered causally into every event, and would not connive at an unjust verdict. With such a dire test to face, accusers uncertain of their case or their evidence would think twice before bothering the courts with their complaints; and guilty defendants would shirk the ordeal, and offer compensation in its place.
For nearly every crime had its price: the accused or convicted man might usually absolve himself by paying a wergild or “man-payment”—one third to the government, two thirds to the victim or his family. The sum varied with the social rank of the victim, and an economical criminal had to take many facts into consideration. If a man immodestly stroked the hand of a woman he was to be fined fifteen denarii ($2.25);* if he so stroked her upper arm, he paid thirty-five denarii ($5.25); if he touched her unwilling bosom he paid forty-five denarii ($6.75).42 This was a tolerable tariff in comparison with other fines: 2500 denarii ($375) for the assault and robbery of a Frank by a Roman, 1400 for the assault and robbery of a Roman by a Frank, 8000 denarii for killing a Frank, 4000 for killing a Roman:43 so low had the mighty Roman fallen in the eyes of his conquerors. If, as not seldom happened, satisfactory compensation was not received by the victim or his relatives, they might take their own revenge; in this way vendettas might leave a trail of blood through many generations. Wergild and judicial combat were the best expedients that primitive Germans could devise to wean men from vengeance to law.
The most famous clause in the Salic Law read: “Of Salic land no portion of the inheritance shall go to a woman” (lix, 6); on this basis, in the fourteenth century, France would reject the claim of the English King Edward III to the French throne through his mother Isabelle; whereupon would follow the Hundred Years’ War. The clause applied only to realty, which was presumed to require for its protection the military power of a male. In general the Salic Law did no service to women. It exacted a double wergild for their murder,44 valuing them as the possible mothers of many men. But (like early Roman law) it kept women under the perpetual wardship of father, husband, or son; it made death the penalty for adultery by the wife, but asked no penalty of the adulterous male;45 and it permitted divorce at the husband’s whim.46 Custom, if not law, allowed polygamy to the Frank kings.
The first Frank king known by name was the Chlodio who attacked Cologne in 431; Aëtius defeated him, but Chlodio succeeded in occupying Gaul as far west as the Somme, and making Tournai his capital. A possibly legendary successor, Merovech (“Son of the Sea”?), gave his name to the Merovingian dynasty, which ruled the Franks till 751. Merovech’s son Childeric seduced Basina, wife of a Thuringian king; she went to be his queen, saying she knew no man wiser, stronger, or handsomer. The child of their union was Clovis, who founded France and gave his name to eighteen French kings.*