Reading Guide 5: the World of the Franks
A. Salic Law (the Law of the Franks), circa 511 CE
The Salic Law was the first of the ‘barbarian law codes' to be produced
in the aftermath of the collapse of Rome. It serves as a compilation of
the customs of one of the major sub-sets of the Frankish tribe, the Salian
Franks (hence "Salic" law). [Note: there were initially several important
groups of Franks (including the Ripuarian Franks), but the Salians, under
Clovis, won out]. Note: we have read only certain sections of the
Salic Law.
1. Why is it important that the Franks chose to write down their laws?
In what language did they write them?
2. Generally speaking, how are offenses punished according to the law?
Do you think many ordinary Franks possessed, say, the 2500 pennies (denars)
necessary to excuse the theft of 25 sheep? If not, why was the code
based upon monetary payments?
3. How does the Salic Law differ from the Theodosian Code? Are there
different conceptions of law, order, and society at work here? How so?
4. Note: ‘rape' in this text often meant ‘abduction', without any necessary
connotation of sexual violation. How do the Franks deal with ‘rape'?
What considerations govern the Law here?
5. Is this law a ‘territorial' law, or a ‘personal' law? Does it apply
to a whole region, or only to certain individuals?
6. Notice the different ‘worth' of women of different status in Title
XXIV. What do the Franks care about here?
7. Make sure to notice the sliding scale of ‘worth' of different types
of people in the murder section (Title XLI). What are the implications
of this scale? Are all people of equal worth? Are there universal human
rights?
8. Title LVI refers to the ‘kettle ordeal'. What is this? When was
it used? Why? The same section also refers to ‘composition'. What is that?
9. Title LIX, section 6, is one of the most famous elements of Salic
Law. Most scholars think it was pretty irrelevant in the 6th century, but
was seized upon by later generations as an excuse to limit women from inheriting
property. Does this section seem to be borne out by the stories of Frankish
queens you read for this week?
10. What is ‘wergeld'?
B. Gregory of Tours, selections from the History of the Franks concerning
Queens and Marriage (c. 580 CE)
Gregory of Tours was the bishop of the old Gallo-Roman city of Tours
[in Roman Gaul, or modern France]. Gregory's family was of the old Roman
aristocracy, and his case shows the easy fusion between Roman and Germanic
cultures; indeed, most of the bishops still came from that old Gallo-Roman
aristocracy. By the time of Gregory of Tours, the kingdom of the
Franks had been divided into sections, each ruled by one of Clovis' grandsons:
Charibert (d. 567), Guntram (d. 593), Sigibert (d. 575), and Chilperic
(d.584). The passages that I have given you record the stories of
some of the queens of 6th century Francia. Among the major figures
are Fredegund, wife of King Chilperic, and Brunhild, wife of King Sigibert;
these two women were bitter enemies and conducted feuds across Francia.
1. How did Frankish kings choose wives? From what class of women did
they take wives? Were they monagamous? What was Frankish marriage like?
What were husbands and wives supposed to do?
2. What powers did Frankish queens have? What is a dowry? Why might
it be important? What is morgengabe?
3. Pay special attention to the scene in which Fredegund's young sons
fall ill. What is her reaction? What does she convince Chilperic
to do? Why is what he does significant?
4. Try to trace the course of the feud between Fredegund and Brunhild.
Who wins, if anyone?
5. What strikes you as familiar about the world of the Franks (if anything)?
What are the most bizarre things about the Franks? What do your answers
to these questions tell us about Frankish society?
6. What are the values of the Frankish aristocracy? About whom
or what do they care the most?
7. Are there certain activities or behaviors that Gregory finds typically
"female"? - that are typically "male"?
8. Do Frankish women have power? When? How? What sort of power?
How does class and marital standing affect the capacity of Frankish women
to exercise power? For instance, what happens to Fredegund after her husband
dies? Does her power disappear? Why or why not? What does this tell us
about Queens' authorities in the 6th cent.?
9. Is Gregory of Tours an impartial observer? What does he think about
Fredegund, for instance?
10. Why do you think Fredegund relied primarily upon assassins and
poison to get her way?
11. What does Rigunth's story reveal about the role of women? About
Queens' wealth and powers?
12. Could women own property? Could they dispose of property as they
liked? How do you know?