Law & Order

The great Mediterranean port of Marseille (Massalia), founded as a Greek colony around 600 BCE, was barely affected by the collapse of the Roman Empire in the west, thanks to its strong walls and vigorous commerce. Semi-independent, Marseille retained much of its Gallo-Roman culture, being governed by a class of capable “patricians”.

Marseille continued to issue gold solidi and tremisses in the name of the Byzantine emperor long after its Merovingian rulers and the neighboring Visigoths and Lombards had dropped any pretense of recognizing Constantinople’s authority over anything. The coins bear the name and profile portrait of the emperor (even though regular Byzantine issues had long since switched to a facing bust). Most surviving examples are in the name of Maurice (ruled 582-602), but coins are also known for Justin II, Tiberius II Constantine, Phocas and Heraclius.

The reverse shows a Latin cross on globe, with the city’s mint mark M A and small Roman numerals: XXI for the solidus and VII for the tremissis. This indicated to literate users that the coins were on a lighter weight standard than regular Imperial issues: 21 rather than 24 siliquae for the solidus and seven rather than eight for the tremissis.

From Gold to Silver

About the year 670, gold coinage ceased and was replaced by the issue of silver deniers (the modern French term for the Latin denarius). There had been some earlier fractional Merovingian silver coinage (tiny pieces of uncertain value weighing 0.4 grams or less) known mostly from grave finds. The denier was issued on two distinct weight standards: a “Germanic” standard of about 1.3 grams based on 20 grains of barley in the north, and a standard of 1.1 grams based on the late Roman scripulum in the south.

Designs mostly followed traditional patterns, with a crude bust on the obverse and a cross on the reverse–not to mention the names of moneyer and mint–but monograms, birds, beasts and geometric patterns also appear. The metal can be as pure as 93% silver or as base as 65%, and on later pieces the weight often falls below a gram.

Merovingian law codes, which prescribed fines in cash, reckoned 40 deniers as equal to the old gold solidus.

Merovingian administration for a total of 250 years of Merovingian rule.

Roman Law

The Roman emperor Diocletian (284-305) affected a large increase in the number of bureaucrats of the imperial government. The counts were officials from the central administration located in the provinces. Constantine (306-337) made these counts a permanent part of the control mechanism of the Roman emperor. The dukes were a new class of officials. They had a military command and acted independently from the civil service. The dukes could direct two or three of the new provinces created by Diocletian. Lists of counts and dukes were recorded since the fifth century in the Notitia Dignitatum. After Diocletian’s reforms the vicarii for civitates and governors of provinces were responsible for justice, taxation, the postal service, and they ensured that town councils fulfilled their duties. Geographically the region was divided in dioceses subdivided in provinces, which in turn consisted of civitates, which were divided into the smallest units of administration. The Praetorian prefecture of Gallia consisted of the dioceses of Gallia, Viennensis, Hispania and Britannia. It was administered by the praetorian prefect, who ruled from Trier. When the Roman administration retreated from northern and central Gaul, early in the fifth century the capital was transferred from Trier to Arles. A provincial assembly was established at Arles in 418 by Emperor Honorius.

Burgundy Law

The Burgundian law was written down in the end of the fifth century. In the Liber Constitutionum sive Lex Gundobada, in short the Lex Gundobada, are named Servi and Mancipia, both a sort of slaves, and Coloni en Originarii, both tied to the land. For the free peoples there are four classes: freedmen, Minores personae, Mediocres, and Optimates. The Roman subjects had their own law “the Lex Romana Burgundionum”. For the public administration several positions are mentioned in the laws: counts, judges, military judges, proceres, consiliarii, domestici, maiores domus, cancellarii, administracion, notarii, conductor, wittiscalci (royal servants), praepositi (local officials), and pueri nostri (lower royal servants).

Visigoth Law

For the Visigoths the Lex Visigothorum was written down in 475 CE. For their Roman subjects the Lex Romana Visigothorum, also called Breviarium Alaricianum or Breviarium Alarici, was applied. Visigoth society was composed of slaves and free people. The free men were the domini and patroni. Patroni were divided in buccellati and saionatii. There was a short period, 507-536/7 CE, of Ostrogothic rule in the Provence. This resulted in the names of officials for this region that were still used in the Merovingian period: patrician, governor and rector.

Burgundian and Gothic societies were more layered socially, and their public administration was probably more advanced than the Frankish. This is indicated by the larger number of different officials. All barbarian laws indicate a dual structure of government for the barbarian and Roman subjects of the kingdoms. This will have been the situation in the beginning of the fifth century.

Frankish Law

Little is known about the structure of government of the Frankish kingdoms that existed before the emerging Merovingian kingdoms. The Franks were ruled by war leaders (called duces, regales or kings) with long hair, chosen from the foremost and most noble families. The customary laws of the Franks, that were written down in the Lex Salica, also give us some clues. Roman authors wrote about small kingdoms and an aristocracy, as can also be found in the Histories. In the Lex Salica are mentioned the rachimburghi, who memorized all the precedents on which a decision was based. The rachimburghi seem to have been chosen from the more important members of society in a region; they met regularly to discuss and resolve disputes.

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