Christian Pfister

“ These are admitted to be Frankish words, and are known as the Malberg glosses. Opinions differ as to the true import of these glosses; some scholars hold that the Salic Law was originally written in the Frankish vernacular, and that these words are remnants of the ancient text, while others regard them as legal formulae such as would be used either by a plaintiff in introducing a suit, or by the judge to denote the exact composition to be pronounced. It is more probable. ”

“ This victory made Pippin almost entire master of Gaul. He appointed one of his sons mayor of the palace of Neustria, reserving for another of his sons the mayoralty of Austrasia. He made war on the Frisians and defeated their duke Radbod; and part of this people became converts to Christianity. He also defeated Willari, the duke of the Alamanni, and subdued his country. The Bavarians, too, recognized the Frankish suzerainty. ”

“ At the time of Charlemagne, Lombardy was divided into five provinces: Neustria, Austrasia, Aemilia, Littoraria maris and Tuscia. Austrasia was the name given to eastern Lombardy, and Neustria that given to western Lombardy, the part last occupied by the Lombards. ”

“ As pointed out by H. Brunner in his Deutsche Rechtsgeschichte (i. 438) , the Salic Law contains imitations of the Visigothic laws of Euric (466–485) . Finally, chapter xlvii. seems to indicate that the Frankish power extended south of the Loire, since it speaks of men dwelling “trans Legerem” being summoned to the mallus (judicial assembly) and being allowed eighty nights for their journey. On the other hand, it is impossible to place the date of compilation later. ”

“ The law is a compilation, the various chapters were composed at different periods, and we do not possess the original form of the compilation. Even the most ancient text, that in 65 chapters, contains passages which a comparison with the later texts shows to be interpolations. It is possible that chapter i., De mannire, was taken from a Merovingian capitulary and afterwards placed at the beginning of the Salic Law. ”

“ When Vitiges, the king of the Ostrogoths, ceded Provence to the Franks in 535, the possession of Arles and Marseilles was guaranteed to Childebert by his brothers. Childebert also made a series of expeditions against the Visigoths of Spain; in 542 he took possession of Pampeluna with the help of his brother Clotaire I., and besieged Saragossa, but was forced to retreat. From this expedition he brought back to Paris a precious relic, the tunic of St Vincent, in honour of which he built at the gates of Paris the famous monastery of St Vincent, known later as St Germain-des-Prés. ”

“ It was compiled by the itinerant Frankish officials known as the missi Dominlci, and the text undoubtedly goes back to the time of Charlemagne, perhaps to the years 802 and 803, when the activity of the missi was at its height. In certain chapters it is possible to discern the questions of the mlssi and the answers of the inhabitants.
There is an edition of this text by R. Sohm in Mon. Germ. hist. Leges, v. 269, and another appended to the same writer's school edition of the Lex Ribuaria. ”

“ In 743, however, the mayors decided to appoint a king in the person of Childeric III., who was apparently connected with the Merovingian family. But Childeric was a mere figure-head, and had no power. ”

“ French trans. by M. Théveniu) and Die fränkische Reichs- und Gerichtsverfassung (Weimar, 1876) ; J. J. Thonissen, L’Organisation judiciaire, le droit pénal et la procédure de la lot saligue (2nd ed., Brussels and Paris, 1882) ; P. E. Fahlbeck, La Royauté et la droit royal francs (Lund, 1883) ”