Law and Justice in the Merovingian Kingdom
The Merovingian legal system exemplified the complex blending of Roman and Germanic traditions. In principle, each ethnic group lived under its own law—Romans under Roman law, Franks under Frankish law, Burgundians under Burgundian law. This personality of law meant that legal procedures and penalties could vary depending on an individual's ethnic identity, creating a complex juridical landscape.
The most famous Frankish legal compilation, the Lex Salica (Salic Law), was first written down under Clovis, though it certainly incorporated older oral traditions. Written in Latin but preserving Frankish legal terms, the Salic Law primarily addressed criminal matters through a system of monetary compensations (wergild) for injuries. The amount of compensation varied according to the victim's social status and the nature of the injury, with detailed tariffs for everything from homicide to stealing livestock.
Roman law continued to govern many aspects of civil life, particularly property transactions, testaments, and commercial dealings. Gallo-Roman nobles maintained Roman legal forms in their documents, and church institutions naturally followed Roman canonical procedures. This legal pluralism required judges and administrators conversant with multiple legal traditions, encouraging the emergence of legal specialists who could navigate between different systems.
Royal legislation attempted to bridge these different legal worlds. Merovingian kings issued edicts and decrees that applied to all subjects regardless of ethnicity, creating a territorial overlay on the personal law system. Royal courts served as venues for resolving disputes between members of different ethnic groups or cases involving royal interests. The king's role as supreme judge, inherited from both Roman and Germanic traditions, provided a unifying element in this diverse legal landscape.