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In the 5th century AD on a significant part Western Europe, formerly part of the Roman Empire, lived the Franks - warlike Germanic tribes, which then divided into two large branches - coastal and coastal.

One of the leaders of the Franks was the legendary Merovian, who fought with Attila and became the founder of the royal Merovingian dynasty. However, the most prominent representative of this family was not Merovey himself, but the king of the Salic Franks, Clovis, known as a brave warrior who managed to conquer vast areas in Gaul, and also as a prudent and far-sighted politician. In 496, Clovis was baptized, and with him three thousand of his warriors converted to the Christian faith. Conversion to Christianity, having provided Clovis with the support of the clergy and a significant part of the Galo-Roman population, greatly facilitated his further conquests. As a result of Clovis's numerous campaigns, the Frankish kingdom was created at the very beginning of the 6th century, covering almost all of former Roman Gaul.

It was during the reign of King Clovis, at the beginning of the 6th century, that the beginning of the recording of Salic truth - the ancient judicial customs of the Franks - began. This ancient code of law is the most valuable and reliable historical source about the life and morals of the Franks. Salic truth was divided into titles (chapters), and each title into paragraphs. It listed in detail various cases and punishments for violating laws and regulations.

The lower social levels were occupied by semi-free peasants and freedmen - slaves who were freed; Below them were only slaves, however, not many in number. The bulk of the population were communal peasants, personally free and enjoying fairly broad rights. Above them stood the serving nobility, who were in the service of the king - counts, warriors. This ruling elite was formed in the early Middle Ages from the tribal nobility, as well as from among free, wealthy peasants. In addition to them, the ministers of the Christian Church were in a privileged position, since Hlodkig was extremely interested in their support in strengthening royal power and thereby his own position.

Clovis, according to contemporaries, is a cunning, decisive, vengeful and treacherous man, capable of harboring a grudge for years, and then dealing with his enemies with lightning speed and cruelty; by the end of his reign he achieved complete sole power, destroying all his rivals, including many his close relatives.

His descendants, who headed the Frankish kingdom in the 6th - early 8th centuries, saw their task in continuing the line of Clovis. Trying, in order to strengthen their own positions, to enlist the support of the emerging and rapidly strengthening nobility, they actively distributed lands to their associates for their service. This led to the strengthening of many aristocratic families, and in parallel there was a weakening of the real power of the Merovingians. Some areas of the state openly declared their independence and unwillingness to submit further to the Merovingians. In this regard, the Merovingians received the nickname “lazy kings,” and representatives of the rich, famous and powerful Carolingian family came to the fore. At the beginning of the 8th century. The Carolingian dynasty replaced the Merovingian dynasty on the throne.

The first in the new dynasty was Charles Martell (Hammer), known for his brilliant military victories over the Arabs, in particular at the Battle of Poitiers (732). As a result of his campaigns of conquest, he expanded the territory of the state and the tribes of the Saxons and Bavarians paid him tribute. He was succeeded by his son, Pepin the Short, who, having imprisoned the last of the Merovingians in her monastery, turned to the Pope with the question, is it good that uncrowned kings rule in the kingdom? To which the pope replied that it is better to call the one who has power a king, rather than the one who lives as a king without having real royal power, and soon crowned Pepin the Short. Pepin knew how to be grateful: he conquered the Ravenna region in Italy and handed it over to the pope, which was the beginning of the secular power of the papacy.

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Introduction..2

The emergence of the state among the Franks.. 2

Formation of feudal society and the state of the Franks. 4

State system of the Franks. 10

Frankish Empire in the VIII-IX centuries. 14

Conclusion... 16

Many barbarian tribes were scattered across the vast territory of the Roman Empire: Goths, Franks, Burgundians, Alamanni, Anglo-Saxons, etc.

The Romans increasingly used Germans as mercenary soldiers and settled them on their borders. In the 5th century The highest ranks of Roman magistrates began to be held by the leaders of barbarian tribes, who led the armies allied to Rome, who entered into an agreement to come under the rule of Rome.

The decline of imperial power and the growing unpopularity of Roman rule created favorable conditions for the allied kings of Rome to expand their powers and satisfy their political claims. They often, with reference to the imperial commission, appropriated full power, levied taxes from the local population, etc.

The Visigoths, for example, settled by Rome as their foederati in 412 in Aquitaine (Southern France), subsequently expanded the territory of their Toulouse kingdom through territorial conquests, recognized in 475 by the Roman emperor. In 507 this kingdom was conquered by the Franks. In 476, power in the Western Roman Empire was seized by one of the barbarian military leaders, Odoacer. He was killed in 493 by the founder of the Ostrogothic kingdom, Theodoric I, who established his sole rule over all of Italy. This kingdom fell in 555. Other “tribal states” of barbarians also emerged and were absorbed as a result of bloody wars and civil strife.

But a special role in Western Europe was destined to be played by the Salic (maritime) Franks, who were part of the alliance of Germanic tribes that formed in the 3rd century. on the northeastern border of Gaul, a province of the Roman Empire.

The Salic Franks, led by their leader Clovis (481-511), as a result of victorious wars in Gaul, sometimes in opposition, sometimes in alliance with Rome, created a vast kingdom that by 510 stretched from the middle Rhine to the Pyrenees. Clovis, having established himself as a representative of the Roman emperor, becomes the ruler of the lands, the ruler of a single, no longer tribal, but territorial kingdom. He acquires the right to dictate his own laws, levy taxes from the local population, etc.

Gaul, however, remained for a long time under the shadow of the Eastern Roman Empire (Byzantium). Only in the 8th century. The title of Roman Emperor was given to the Frankish king Charlemagne. Thanks to the influence of Rome and the Roman Christian Church, Gaul, despite geographical fragmentation, maintained a unique unity over the centuries, becoming, in the course of a long evolutionary process, Franconia, which became the ancestor of the future France and Germany, as well as the territorial fundamental basis for the development of Western Christian civilization.

For Gaul, the fifth century was a time of profound socio-economic transformations. In this richest province of Rome (territory almost coinciding with present-day France), the deep crisis that engulfed the empire manifested itself. The protests of slaves, colonists, peasants, and the urban poor became more frequent. Rome could no longer defend its borders from invasions of foreign tribes and, above all, the Germans - the eastern neighbors of Gaul. As a result, most of the country was captured by the Visigoths, Burgundians, Franks (Salic and Ripuarian) and some other tribes. Of these Germanic tribes in the final south, the Salic Franks turned out to be the most powerful (perhaps from Sala this was the name in ancient times for one of the rivers of what is now Holland). It took them a little more than 20 years to at the end of the 5th - beginning of the 6th century. capture most countries.

The emergence of a class society among the Franks, which had begun to emerge even before moving to their new homeland, sharply accelerated during the conquest of Gaul.

Each new campaign increased the wealth of the Frankish military-tribal nobility. When dividing up the spoils of war, she received the best lands, a significant number of colones, cattle, etc. The nobility rose above the ordinary Franks, although the latter continued to remain personally free and did not even initially experience increased economic oppression. They settled in their new homeland in rural communities (marks). The mark was considered the owner of all the land of the community, which included forests, wastelands, meadows, and arable lands. The latter were divided into plots, and quite quickly passed into the hereditary use of individual families.

The Gallo-Romans found themselves in the position of a dependent population, several times larger in number than the Franks. At the same time, the Gallo-Roman aristocracy partially retained its wealth. The unity of class interests marked the beginning of a gradual rapprochement between the Frankish and Gallo-Roman nobility, with the former becoming dominant. And this especially made itself felt during the formation of a new government, with the help of which it would be possible to maintain the captured country in one’s hands, to keep colonists and slaves in obedience. The previous tribal organization could not provide the necessary forces and means for this. The institutions of the tribal system begin to give way to a new organization with a military leader - the king and a squad personally devoted to him at the head. The king and his entourage actually decide the most important issues in the life of the country, although popular assemblies and some other institutions of the former Frankish system still remain. A new “public power” is being formed, which no longer coincides directly with the population. It consists not only of armed people who are independent of ordinary free people, but also of compulsory institutions of all kinds, which did not exist under the tribal system. The approval of the new public authority was associated with the introduction of territorial division of the population. The lands inhabited by the Franks began to be divided into "pagi" (districts), consisting of smaller units - "hundreds". The administration of the population living in pagas and hundreds is entrusted to special trustees of the king. In the southern regions of Gaul, where the former population predominated many times at first, the Roman administrative system is preserved. territorial division. But here, too, the appointment of officials depends on the king.

The emergence of a state among the Franks is associated with the name of one of their military leaders - Clovis (486-511) from the Merovingian clan. Under his leadership the main part of Gaul was conquered. Clovis's far-sighted political step was the adoption of Christianity by him and his squad according to the Catholic model. By this he secured the support of the Gallo-Roman nobility and the dominant Gaul, Catholic Church.

The Frankish wars of conquest accelerated the process of creating the Frankish state. The deep reasons for the formation of Frankish statehood were rooted in the disintegration of the Frankish free community, in its class stratification, which began in the first centuries of the new era.

The state of the Franks in its form was early feudal monarchy. It arose in a transitional society from communal to feudal society, which in its development passed the stage of slavery. This society is characterized by a multistructure (a combination of slaveholding, tribal, communal, feudal relations), and the incompleteness of the process of creating the main classes of feudal society. Because of this, the early feudal state bears a significant imprint of the old communal organization and the institutions of tribal democracy.

The Frankish state went through two main periods in its development (from the end of the 5th to the 7th century and from the 8th to the mid-9th century). The boundary separating these periods is characterized not only by a change of ruling dynasties (the Merovingians were replaced by the Carolingians). It marked the beginning of a new stage in the deep socio-economic and political restructuring of Frankish society, during which the feudal state itself gradually took shape in the form of a seigneurial monarchy.

In the second period, the creation of large feudal land ownership, two main classes of feudal society was basically completed: a closed, hierarchically subordinate class of feudal lords bound by vassal bonds, on the one hand, and the dependent peasantry exploited by it, on the other. The relative centralization of the early feudal state is replaced by feudal fragmentation.

In the V-VI centuries. The Franks still retained communal, clan ties; relations of exploitation among the Franks themselves were not developed; the Frankish service nobility, which formed into the ruling elite during Clovis’s military campaigns, was also not numerous.

The most pronounced social and class differences in the early class society of the Franks, as evidenced by the Salic Truth, a legal monument of the Franks dating back to the 5th century, were manifested in the position of slaves. Slave labor, however, was not widespread. The slave, in contrast to the free community member-Frank, was considered a thing. Its theft was equivalent to the theft of an animal. The marriage of a slave with a free man entailed the loss of freedom by the latter.

Salic truth also indicates that the Franks had other social groups: serving nobility, free francs(community members) and semi-free litas. The differences between them were not so much economic as socio-legal. They were associated mainly with the origin and legal status of the person or the social group to which that person belonged. An important factor influencing the legal differences of the Franks was their membership in the royal service, the royal squad, and the emerging state apparatus. These differences were most clearly expressed in the system of monetary compensation, which served to protect the life, property and other rights of individuals.

Along with slaves, there was a special category of people - semi-free litas, whose life was valued at half a free wergeld, 100 solidi. Lit represented an incomplete resident of the Frankish community, who was in personal and material dependence on his master. Litas could enter into contractual relations, defend their interests in court, and participate in military campaigns together with their master. Lit, like a slave, could be freed by his master, who, however, retained his property. For a crime, a lithu was usually given the same punishment as a slave, for example, the death penalty for kidnapping a free person.

Frankish law also testifies to the beginning of the property stratification of Frankish society. The Salic truth speaks of the master's servants or courtyard servants-slaves (vinedressers, grooms, swineherds and even goldsmiths) serving the master's household.

At the same time, the Salic truth testifies to the sufficient strength of community orders, about communal ownership of fields, meadows, forests, wastelands, about the equal rights of community peasants to a communal land plot. The very concept of private ownership of land is absent in Salic truth. It only records the origin of the allod, providing for the right to transfer the allotment by inheritance through the male line. The further deepening of social-class differences among the Franks was directly related to the transformation of allod into the original form of private feudal land ownership. Allod - alienable, inheritable land ownership of free Franks - arose in the process of disintegration of communal ownership of land. It lay at the basis of the emergence, on the one hand, of patrimonial land ownership of feudal lords, and, on the other, of the land holding of peasants dependent on them.

The processes of feudalization among the Franks received a powerful impetus during the wars of conquest of the 6th-7th centuries, when a significant part of the Gallo-Roman estates in Northern Gaul passed into the hands of the Frankish kings, the serving aristocracy, and royal warriors. The serving nobility, bound to one degree or another by vassal dependence on the king, who seized the right to dispose of the conquered land, became a major owner of lands, livestock, slaves, and colonies. It is replenished by part of the Gallo-Roman aristocracy, which goes into the service of the Frankish kings.

The clash between the communal orders of the Franks and the late Roman private property orders of the Gallo-Romans, the coexistence and interaction of social structures so different in nature, accelerated the creation of new, feudal relations. Already in the middle of the 7th century. in Northern Gaul, a feudal estate begins to take shape with its characteristic division of land into the lord's (domain) and peasant (holding). The stratification of the “ordinary free people” during the conquest of Gaul also occurred due to the transformation of the community elite into small patrimonial owners due to the appropriation of communal land.

Processes of feudalization in the VI-VII centuries. in the south of Gaul they did not develop as rapidly as in the north. At this time, the extent of Frankish colonization here was insignificant, the vast estates of the Gallo-Roman nobility were preserved, the labor of slaves and columns continued to be widely used, but profound social changes took place here too, mainly due to the widespread growth of large church landownership.

V-VI centuries in Western Europe were marked by the beginning of a powerful ideological offensive of the Christian Church. Servants of dozens of newly emerging monasteries and churches gave sermons about human brotherhood, about helping the poor and suffering, and about other moral values.

The population of Gaul, under the spiritual influence of the clergy, led by bishops, began to perceive more and more Christian dogmas, the idea of redemption, relying on the intercession of the holy fathers for the sake of gaining forgiveness during the transition to another world. In an era of endless wars, destruction, widespread violence, disease, in conditions of the dominance of religious consciousness, people's attention naturally focused on issues such as death, posthumous judgment, retribution, hell and heaven. The church began to use the fear of purgatory and hell for its own selfish interests, collecting and accumulating at the expense of both rulers and ordinary people numerous donations, including land donations. The growth of church land ownership began with the church's land refusals from Clovis.

The growing ideological and economic role of the church could not but manifest itself sooner or later in its claims to power. However, the church at that time was not yet a political entity, did not have a unified organization, representing a kind of spiritual community of people led by bishops, of whom, according to tradition, the most important was the Bishop of Rome, who later received the title of Pope.

Kings, who, in order to strengthen their extremely unstable power, appointed bishops from among their confidants, convened church councils, presided over them, sometimes speaking on theological issues, increasingly interfered with the activities of the church as “Christ’s vicars” on earth. In 511, at the Council of Orleans convened by Clovis, it was decided that no layman could be ordained without royal permission. The subsequent decision of the Council of Orleans in 549 finally established the right of kings to control the appointment of bishops.

It was a time of increasingly intertwined secular and religious power, with bishops and other religious leaders sitting on government bodies and local civil administration carried out by diocesan departments.

Under Dagobert I at the beginning of the 7th century. the administration of church functions became an integral part of the path to honor, after which, the king’s associates became local rulers - counts and bishops at the same time; There were often cases when bishops ruled cities and the rural settlements surrounding them, minted money, collected taxes from lands subject to taxation, controlled market trade, etc.

The bishops themselves, owning large church farms, began to occupy an increasingly higher place in the emerging feudal hierarchy, which was facilitated by the non-forbidden marriages of priests with laity, representatives of the feudal elite.

The 7th-9th centuries are characterized by the rapid growth of feudal relations. At this time, in Frankish society there was a agrarian revolution, which led to the widespread establishment of large feudal land ownership, to the loss of land and freedom by the community members, and to the growth of the private power of feudal magnates. This was facilitated by a number of historical factors. Began in the VI-VII centuries. the growth of large landownership, accompanied by infighting among landowners, revealed the fragility of the Merovingian kingdom, in which here and there internal borders arose as a result of disobedience of the local nobility or resistance of the population to the collection of taxes. Moreover, by the end of the 7th century. The Franks lost a number of lands and actually occupied the territory between the Loire and the Rhine.

One of the attempts to solve the problem of strengthening state unity in conditions of widespread disobedience to the central authorities was the church council of “prelates and nobles”, held in Paris in 614. The edict adopted by the council called for “the most severe suppression of riots and brazen attacks of attackers”, threatened punishment for “theft and abuse of power by officials, tax collectors on trading places,” but at the same time limited the rights of civil judges and tax collectors on church lands, mortgaging , thus, the legislative basis of their immunity. Moreover, according to the decision of the council, bishops were henceforth to be elected “by the clergy and the people”, while the king retained only the right to approve the results of the elections.

The weakening of the power of the Frankish kings was primarily due to the depletion of their land resources. Only on the basis of new grants, the granting of new rights to landowners, the establishment of new seigneurial-vassal ties could the strengthening of royal power and the restoration of unity occur at this time Frankish state. The Carolingians, who actually ruled the country even before the transfer of the royal crown to them in 751, began to pursue this policy.

Charles's reform Martella

Mayor Karl Martel (715-741) began his activities by pacifying internal unrest in the country, with the confiscation of the lands of his political opponents, and with the partial secularization of church lands. He took advantage of the right of kings to fill the highest church positions. At the expense of the land fund created in this way, land grants for lifelong conditional holding began to be distributed to the new nobility - benefits(from Latin beneficium - beneficence, mercy) when performing one or another service (most often equestrian military). The land was given to those who could serve the king and bring an army with them. Refusal to serve or treason against the king entailed the loss of the award. The beneficiary received land with dependent people who performed corvée in his favor or paid rent. The use of the same form of awards by other large landowners led to the formation of suzerainty-vassalage relations between large and small feudal lords.

Expansion of feudal land ownership in the 8th century. contributed to new wars of conquest and the accompanying new wave of Frankish colonization. Moreover, if in the Frankish colonization of the VI-VII centuries. Since mainly the top of Frankish society took part, wealthy allodists were involved in the colonization of the 7th-9th centuries, which took place on a much larger scale, at the expense of whom the class of feudal lords was replenished at that time with equestrian knighthood.

From the middle of the 8th century. the period preceding the completion of the process of stratification of Frankish society into the class of feudal landowners and the class of peasants dependent on them begins; relations of patronage, domination and subordination, arising on the basis of special agreements, become widespread commendation, precarity, self-enslavement. To develop patronage relationships big influence provided by the Roman institution - clientele, patronage. The relations of patronage and patronage among the Franks were brought to life by the collapse of old tribal ties, the impossibility of economic independence of small peasant economies, ruined by wars and the robberies of feudal lords. Patronage entailed the establishment of personal and property dependence of the peasants on the landowner-magnates, since the peasants transferred to them the ownership of their land plots, receiving them back on the terms of fulfilling certain duties, paying quitrents, etc.

In the processes of establishing the power of large landowners over peasants in Western Europe, the Christian Church played a huge role, which itself became a large land owner. The stronghold of the dominant position of the church were monasteries, and the secular nobility - fortified castles, which became patrimonial centers, a place for collecting rent from peasants, a symbol of the power of the lords.

Agreements of commendation (patronage) arose primarily in the relations of peasants with the church and monasteries. They were not always directly related to the loss of freedom and property rights land plot commended, as was the case in the case of a contract of self-enslavement. But once they came under such protection, free peasants gradually lost their personal freedom and after several generations, the majority became serfs.

The precarious agreement was directly related to the transfer of land. It entailed the emergence of conditional holding of land transferred for temporary use, and was accompanied by the emergence of certain duties of a precarist in favor of a large landowner (to work in the master’s fields, to give him part of the harvest). In the person of the precarists, a transitional layer was created from free communal allodists to dependent peasants. There were three forms of precaria: precaria data (“precaria given”) - a unique form of land lease, on the basis of which a landless or land-poor peasant received a plot of land for temporary use. Under the contract of precaria remuniratoria ("precaria remunerated"), the precarist initially gave his plot of land to the landowner and received it back into possession. This type of precarity arose, as a rule, as a result of pledging land to secure a debt. Under the agreement precaria oblata (“precaria donated”), the precarist (most often under direct pressure from the landowner), who had already fallen into economic dependence, gave his plot to the master, and then received from him his own and an additional plot of land, but as a holding.

The owner of the precaria had the right of judicial protection against third parties, but not against the landowner. The precarium could be taken back by the landowner at any moment. As the number of people subject to the tycoon (precarists, commendees) grew, he acquired more and more power over them.

The state contributed in every possible way to strengthening this power. In the capitulary of 787, for example, it was forbidden for anyone to take under the protection of people who left the lord without his permission. Gradually, vassal ties, or relationships of dependence, cover all free people. In 808 they were ordered to go to war with their lord or with the count.

Later "barbaric truths" indicate other changes in social structure barbarian societies occurring in connection with the development of new feudal relations. In the Alamannic and Bavarian truths (8th century), the figure of the column is increasingly mentioned. A colon or slave planted on the ground was also known to Roman law, which deprived him of economic independence, the right to conclude contracts, sign documents, etc.

Visigoths in the V-VI centuries. adopted these prohibitions from Rome. But the Ostrogoths began to move away from them. According to Art. 121 of the Ostrogothic truth, for example, “if someone lent money to a colonel or a slave, without the knowledge of the master, then he could repay the debt from the peculium,” that is, from the property that he owned.

A new feudal form of colony arose, differing from the previous one in that not only a slave or a landless tenant, but also a free peasant could become a colony. According to the Alamannic Truth (22, 3), the colony runs his own household, but must pay taxes in kind to the church or work corvée 3 days a week.

Changes were also taking place in the legal status of slaves. For example, strict prohibitions on marriages between slaves and free people were relaxed. If, according to Roman law, a free woman was converted into slavery for having an affair with a slave, and according to Salic law, she could be killed with impunity, then the Alamannic truth gave such a woman the right to object to the “slave work of a servant” (18:2).

And finally, in the 9th century. large beneficiaries are seeking the right to transfer benefits by inheritance. Benefice is being replaced by fief(Hereditary, as opposed to benefice, is a feudal land tenure granted by a lord to his vassal for service). Large feudal lords turn into sovereigns with political power in their domains.

In the processes of formation and development of the state apparatus of the Franks, three main directions can be identified. The first direction, especially characteristic of the initial stage (V-VII centuries), manifested itself in the degeneration of the bodies of tribal democracy of the Franks into bodies of new, public power, in the actual government bodies. The second was determined by the development of the bodies of patrimonial administration, the third was associated with the gradual transformation of the state power of the Frankish monarchs into the “private” power of the lord-sovereigns with the formation of the seigneurial monarchy, which was fully revealed at the final stage of the development of Frankish society (VIII-IX centuries). .

The conquest of Gaul served as a powerful impetus for the creation of a new state apparatus among the Franks, for it required the organization of administration of the conquered regions and their protection. Clovis was the first Frankish king to assert his exclusive position as sole ruler. From a simple military leader, he turns into a monarch, achieving this position by all means: treachery, cunning, destruction of relatives, other tribal leaders. One of the most important political actions of Clovis, which strengthened the position of the Frankish state through the support of the Gallo-Roman clergy, was the adoption of Christianity.

With the adoption of Christianity by Clovis, the church became a powerful factor in strengthening royal power. It was the church that gave into the hands of the Frankish kings such a justification for wars of conquest as a reference to the “true faith”, the unification in faith of many peoples under the auspices of a single king as the supreme, not only secular, but also spiritual head of their peoples.

The gradual transition of the Gallic elite to the Christian faith also becomes an important historical factor in the unification of Gaul and the development of a special regional feudal-Christian, Western European (Romano-Germanic) civilization.

Socio-economic, religious-ideological, ethnographic and other changes in Gallic society had a direct impact on the processes of formation and development of specific features of the state apparatus of the Frankish empire, which absorbed in the 8th-9th centuries. most of the barbarian states of Western Europe. Already in the 5th century. from the Franks in place of the old one tribal community finally comes the territorial community (marka), and with it the territorial division into districts (pagi), hundreds. Salic truth already speaks of the existence of officials of the kingdom: counts, satsebarons, etc. At the same time, it testifies to the significant role of communal government bodies. At this time the Franks no longer had a general tribal people's assembly. It was replaced by a review of the troops - first in March ("March fields"), then (under the Carolingians) in May ("May fields"). But locally, hundreds of assemblies (“malus”) continued to exist, performing judicial functions under the chairmanship of Tunginov, which together with Rahinburgs, legal experts (“judgers”) were representatives of the community.

The role of the community in court cases was exceptionally great. The community was responsible for a murder committed on its territory, nominated co-jurors who testified to the good name of its member; The relatives themselves brought their relative to court, and together with him they paid the wergeld.

The king acted primarily as a “guardian of peace”, as an executor court decisions communities. His counts and social lords performed mainly police and fiscal functions. Salic truth provided for punishment for royal officials who refused to accede to the demand of a free man and to exercise power against offenders. At the same time, protecting to a certain extent the independence of the community on the part of royal officials, the Salic truth prohibited, for example, more than three social barons from appearing at one community meeting.

Royal instructions, according to Salic truth, concern a small range of state affairs - conscription into the army, summons to court. But Salic truth also testifies to the strengthening of the power of kings. Thus, for example, the performance of royal service justifies the failure of the accused to appear in the community court. Moreover, the king directly interferes with the internal affairs of the community, with its land relations, and allows a stranger to settle on communal land.

The power of the Frankish kings began to be inherited." In the 6th-7th centuries, under the direct influence of the late Roman order, the legislative powers of the kings were strengthened, and in the capitularies, not without the influence of the church, they already spoke about the sacred nature of royal power, about the unlimitedness of its legislative powers. It is significant that there the concept of treason against the king, classified as a serious crime, appears.

However, the king at this time is primarily a military leader, a military commander, whose main concern is “order” in the kingdom, pacifying the local nobility that goes out of obedience. The limited royal functions were also associated with the absence of effectively functioning central administration bodies, the treasury, and independent royal courts with appellate functions.

The emerging state apparatus is also characterized by extreme amorphousness, the absence of clearly demarcated official powers, subordination, and organization of office work. Threads government controlled concentrated in the hands of royal servants and associates. Among them are the palace count, referendarium, and chamberlain. Palace Count Performs mainly judicial functions, directs judicial duels, and oversees the execution of sentences. Referendar(speaker), keeper of the royal seal, is in charge of royal documents, draws up acts, instructions of the king, etc. Camerari monitors revenues to the royal treasury and the safety of palace property.

In the VI-VII centuries. the chief manager of the royal palace, and then the head of the royal administration, was the chamber mayor, or mayor, whose power was strengthened in every possible way in the context of the incessant campaigns of the king, who ruled his territories “from the saddle.”

The formation of local authorities occurs at this time under the significant influence of late Roman orders. The Merovingian counts begin to rule the districts as Roman governors. They have police, military and judicial functions. In the capitularies, Tungin is almost never mentioned as a judge. The concepts of “count” and “judge” become unambiguous, their appointment falls within the exclusive competence of the royal power.

At the same time, the newly emerging organs of the state apparatus of the Franks, copying some of the late Roman state orders, had a different character and social purpose. These were authorities that expressed the interests primarily of the German service nobility and large Gallo-Roman landowners. They were built on different organizational foundations. For example, they were widely used in public service the king's warriors. Initially consisting of a royal military detachment of free Franks, the squad, and consequently the state apparatus, was subsequently replenished not only by Romanized Gauls, who were distinguished by their education and knowledge of local law, but also by slaves and freedmen who made up the royal court staff. All of them were interested in strengthening royal power, in destroying the old tribal separatism, in strengthening new orders that promised them enrichment and social prestige.

In the second half of the 7th century. folds up new system political domination and control, a kind of “democracy of the nobility,” which involves the direct participation of the top of the emerging class of feudal lords in governing the state.

The expansion of the participation of the feudalizing nobility in government, the "seignorization" of government positions led to the loss of the relative independence of the royal power that it had previously enjoyed. This did not happen immediately, but precisely during the period when large landholdings had already acquired significant dimensions. At this time, greater power is assumed by the previously created Royal Council, consisting of representatives of the serving nobility and higher clergy. Without the consent of the Council, the king actually could not make a single serious decision. The nobility are gradually being given key positions in management not only in the center, but also locally. Along with the weakening of the power of kings, counts, dukes, bishops, and abbots, who became large landowners, acquired more and more independence, administrative and judicial functions. They begin to appropriate taxes, duties, and court fines.

As early as 614, the aforementioned edict (Art. 12) prohibited the appointment of "an official (judex - probably a duke or count), as well as a person subordinate to him" unless they were local landowners. In 673, the secular nobility achieved confirmation of this article of the edict by Chilperic II. Management functions were thus assigned to large local feudal lords.

In later truths, local rulers - dukes and counts - are not given less attention than the king. A fine according to the Alamanian Pravda threatens anyone for failure to comply with the demands of a duke or count, for “disregard for their summons with a seal.” The special title of the 2nd Bavarian Pravda is dedicated to the dukes “whom the people appointed or elected them”; it testifies to the breadth of those matters “that concern them.” It provides for punishment in the form of a significant fine not only for non-compliance, but also for “negligence” in carrying out their orders (2, 13), in particular, it speaks of impunity in the case of carrying out the Duke’s order to kill a person (2, 6), probably “acted against the law” (2, 2).

Moreover, according to the Alamannic truth, the position of duke is inherited by his son, who, however, faces “expulsion and disinheritance” for attempting to “take possession of it extortionately” (25, 1-2), however, the king could “forgive his son... and transfer his inheritance" (34:4). Over time, all the most important positions in the state apparatus became hereditary.

The obedience of the local nobility to the king, which remained to one degree or another, began to be increasingly determined by its personal relations with the royal court, vassal dependence on the king as a lord.

From the middle of the 7th century, during the era of the so-called lazy kings, the nobility directly took the reins of power into their own hands, removing the king. This is done first by increasingly strengthening the role and importance of the position of majordomo, and then by directly removing the king. A striking example This may be due to the very change of the royal dynasty among the Franks. Back in the 7th century. The Pipinid family of mayors began to stand out for its power and land wealth. One of them, Charles Martel, actually already ruled the country. Thanks to the reforms carried out, he managed to strengthen for a certain time the unity of the Frankish state, which was experiencing a long period of political destabilization and dismemberment. The son and successor of Charles Martel, not wanting to even formally recognize the king, carried out a coup d'état, imprisoned the last reigning Merovingian in a monastery and took his throne.

Agrarian revolution of the 8th century. contributed to the further development of the feudal state, the administrative system in which main role patrimonial authorities begin to play a role. The new restructuring of the administrative apparatus was facilitated by the widespread use of immunity certificates, by virtue of which the territory belonging to the owner of immunity was withdrawn (partially or completely) from the jurisdiction of state authorities in judicial, tax, and administrative matters. The patrimonial owner thus received political power over their peasants. Charters of immunity, as a rule, sanctioned the already established relations of political dependence of peasants on their patrimonial lords.

The system of immunities inevitably entailed increased fragmentation and local separatism. But under Charlemagne (768-814), the Frankish state reached its greatest power, covering a vast territory. Moreover, Charles in 800 was crowned by the pope in Rome with the imperial crown, which emphasized his strength as the successor to the power of the Roman emperors. Charles and the church supporting him needed coronation as a political and ideological means of strengthening royal power through the attributes of the Roman Empire.

Long before his coronation, Charles began to be called the guardian of the “Christian empire” (imperium christianum). He himself convened an Ecumenical Church Council in Frankurt in 794, at which he announced important changes in theological doctrine and church law. Fighting for the “purity of faith,” he sent missionaries to all corners of the country and issued capitularies providing for the death penalty for insulting priests and the Christian faith.

Despite all the efforts of Charles I and the church, the empire did not become united territorial entity. The chronicle testifies to continuous wars and rebellions in the empire. The many clans, tribal, feudal semi-autonomous state units in the Frankish Empire were cemented by the personal power of the emperor, which ensured him the subordination of local armies, which were called upon to protect it from Scandinavian, Arab, Slavic and other raids.

The strengthening of the personal power of the emperor was also facilitated by the rapid process of enslavement of the peasants at this time. In conditions of predatory seizure of land in the VIII-IX centuries. the king (emperor) acts as the highest lord, the highest manager of the land, securing the land holdings of spiritual and secular feudal lords, communities, but invariably at the expense of the communities, in the interests of large land ownership.

The free peasant was the mainstay of royal power under the Merovingians. The people's militia consisted of free Frankish community members; they participated in court and in maintaining order. As long as this support was maintained, royal power could resist the claims to power of the land magnates. The real power of the Carolingians relied on other forces, on their direct vassals and beneficiaries. These were the social strata that were under their direct patronage. The power of the Carolingians became more and more seigneurial, private, it was taken away by local rulers, counts, and bishops.

Only a certain part of the national powers remained in the hands of Charlemagne. Such real powers still included “protecting peace”, protecting borders, and certain coordination of the actions of the central government and patrimonial authorities.

The capitulary, added to the Bavarian Pravda by Charles I, stated that the emperor “as guardian of peace” must suppress “violations of power”, ensure “correct peace for the church, widows, orphans and the weak”, give “ Special attention“to punish “robbers, murderers, adulterers and incestuous people”, to strictly protect “the rights of the church and its property.” Formally, the emperor also had the highest appellate power. “If anyone declares that he was wrongly judged,” it is written in the same capitulary, “then let will appear before us." But it was immediately indicated that all property disputes must "receive a final decision with the help of counts and local judges."

The imperial administrative apparatus was also adapted to perform these functions. The council, consisting of the highest representatives of the spiritual and secular nobility, decided all matters “related to the good of the king and the kingdom.” This aristocratic body ensured Charlemagne the obedience of his subjects. Under his own weak successors, he directly imposed his will on them.

The local administration was headed by large landowners, governors and counts, sharing power with bishops. “Bishops together with counts and counts with bishops,” the capitulary of Charles I ordered, “must be in such a position that each of them has the opportunity to perform his service.” Played an important role margraves, military commanders in border counties monitoring the security of the state's borders.

Charles ruled not through the imperial bureaucracy, he did not even have a capital city, but through the administrative and judicial apparatus of “sovereign envoys” scattered throughout the empire, who were called upon to implement royal orders. The sovereign's envoys, consisting of one secular and one clergyman, traveled annually around districts that included several counties. Their competence included, first of all, monitoring the management of royal estates, the correct performance of religious rites, royal judges, and the consideration of appeals against decisions of local courts on serious crimes. They could demand the extradition of a criminal who was in the territory of a spiritual or secular lord. Disobedience of the bishop, abbot and others threatened them with a fine. The controlling tandem of secular and ecclesiastical envoys of the king is another evidence of the weakness and ineffectiveness of the central government, which does not have local support.

At the beginning of the 9th century, the Frankish state was at the zenith of its power. Covering the territory of almost all of Western Europe and not having on its borders an enemy equal in strength, it seemed indestructible and unshakable. However, even then it carried within itself elements of approaching decline and collapse. Created through conquest, it was a conglomerate of nationalities, nothing but military force not related. Having temporarily broken the massive resistance of the enslaved peasantry, the Frankish feudal lords lost their former interest in single state. At this time, the economy of Frankish society was subsistence in nature. Accordingly, there were no strong, stable economic ties between individual regions. There were also no other factors capable of restraining the fragmentation of the country. The Frankish state was completing its development path from the early feudal monarchy to the statehood of the period of feudal fragmentation.

In 843, the split of the state was legally enshrined in a treaty concluded at Verdun by the grandchildren of Charlemagne. Three kingdoms became the legal successors of the empire: West Frankish, East Frankish and Middle (future France, Germany and partly Italy).

In 987, the last Carolingian king, Louis V, died, and was succeeded by Hugo Capet. The title of emperor passed to the leader of the Eastern Franks, who inhabited the territory that many centuries later was called Germany.

The Capetians retained power only by controlling the vassals in the king's ancestral domain. Thus, along with the transformation of the power of the monarch-leader into the power of the sovereign-lord, the early feudal monarchy was gradually replaced by a new feudal state form - seigneurial monarchy.

1. History of state and law foreign countries/ ed. Zhukova O.A., Krasheninnikova N.A. – M., 1996

2. General history of state and law / ed. Batyr K.I. – M., 1993

3. Chernilovsky Z. M. General history of state and law. - M., 1995

4. Reader on the general history of state and law. / ed. Z.M.Chernilovsky. - M., 1998

5. Reader on the history of the Middle Ages. / ed. Gratsiansky and Skazkin. – M., 1993

Introduction..2

The emergence of the state among the Franks.. 2

Formation of feudal society and the state of the Franks. 4

State system of the Franks. 10

Frankish Empire in the VIII-IX centuries. 14

Conclusion... 16

Literature. 16

Introduction

Many barbarian tribes were scattered across the vast territory of the Roman Empire: Goths, Franks, Burgundians, Alamanni, Anglo-Saxons, etc.

The emergence of a state among the Franks

The emergence of a class society among the Franks, which had begun to emerge even before moving to their new homeland, sharply accelerated during the conquest of Gaul.

The Gallo-Romans found themselves in the position of a dependent population, several times larger in number than the Franks. At the same time, the Gallo-Roman aristocracy partially retained its wealth. The unity of class interests marked the beginning of a gradual rapprochement between the Frankish and Gallo-Roman nobility, with the former becoming dominant. And this especially made itself felt during the formation of a new government, with the help of which it would be possible to maintain the captured country in one’s hands, to keep colonists and slaves in obedience. The previous tribal organization could not provide the necessary forces and means for this. The institutions of the tribal system begin to give way to a new organization with a military leader - the king and a squad personally devoted to him at the head. The king and his entourage actually decide the most important issues in the life of the country, although popular assemblies and some other institutions of the former Frankish system still remain. A new “public power” is being formed, which no longer coincides directly with the population. It consists not only of armed people who are independent of ordinary free people, but also of compulsory institutions of all kinds, which did not exist under the tribal system. The approval of the new public authority was associated with the introduction of territorial division of the population. The lands inhabited by the Franks began to be divided into "pagi" (districts), consisting of smaller units - "hundreds". The administration of the population living in pagas and hundreds is entrusted to special trustees of the king. In the southern regions of Gaul, where the former population many times prevailed at first, the Roman administrative-territorial division is preserved. But here, too, the appointment of officials depends on the king.

The emergence of a state among the Franks is associated with the name of one of their military leaders - Clovis (486-511) from the Merovingian clan. Under his leadership the main part of Gaul was conquered. Clovis's far-sighted political step was the adoption of Christianity by him and his squad according to the Catholic model. By this, he secured the support of the Gallo-Roman nobility and the Catholic Church that dominated in Gaul.

Formation of feudal society and the state of the Franks.

The state of the Franks in its form was an early feudal monarchy. It arose in a transitional society from communal to feudal society, which in its development passed the stage of slavery. This society is characterized by a multistructure (a combination of slaveholding, tribal, communal, feudal relations), and the incompleteness of the process of creating the main classes of feudal society. Because of this, the early feudal state bears a significant imprint of the old communal organization and the institutions of tribal democracy.

Salic truth also indicates the presence of other social groups among the Franks: serving nobility, free Franks (communists) and semi-free litas. The differences between them were not so much economic as socio-legal. They were associated mainly with the origin and legal status of the person or the social group to which that person belonged. An important factor influencing the legal differences of the Franks was their membership in the royal service, the royal squad, and the emerging state apparatus. These differences were most clearly expressed in the system of monetary compensation, which served to protect the life, property and other rights of individuals.

The population of Gaul, under the spiritual influence of the clergy, led by bishops, began to perceive more and more Christian dogmas, the idea of redemption, relying on the intercession of the holy fathers for the sake of gaining forgiveness during the transition to another world. In an era of endless wars, destruction, widespread violence, disease, in conditions of the dominance of religious consciousness, people's attention naturally focused on issues such as death, posthumous judgment, retribution, hell and heaven. The church began to use the fear of purgatory and hell for its own selfish interests, collecting and accumulating numerous donations, including land donations, at the expense of both rulers and ordinary people. The growth of church land ownership began with the church's land refusals from Clovis.

The 7th-9th centuries are characterized by the rapid growth of feudal relations. At this time, an agrarian revolution took place in Frankish society, which led to the widespread establishment of large feudal land ownership, to the loss of land and freedom by the community, and to the growth of the private power of feudal magnates. This was facilitated by a number of historical factors. Began in the VI-VII centuries. the growth of large landownership, accompanied by infighting among landowners, revealed the fragility of the Merovingian kingdom, in which here and there internal borders arose as a result of disobedience of the local nobility or resistance of the population to the collection of taxes. Moreover, by the end of the 7th century. The Franks lost a number of lands and actually occupied the territory between the Loire and the Rhine.

The weakening of the power of the Frankish kings was primarily due to the depletion of their land resources. Only on the basis of new grants, the granting of new rights to landowners, and the establishment of new seigneurial-vassal ties could the strengthening of royal power and the restoration of the unity of the Frankish state take place at this time. The Carolingians, who actually ruled the country even before the transfer of the royal crown to them in 751, began to pursue this policy.

Reform of Charles Martell

Mayor Karl Martel (715-741) began his activities by pacifying internal unrest in the country, with the confiscation of the lands of his political opponents, and with the partial secularization of church lands. He took advantage of the right of kings to fill the highest church positions. At the expense of the land fund created in this way, land grants began to be distributed to the new nobility for lifelong conditional holding - benefices (from the Latin beneficium - beneficium, mercy) when performing one or another service (most often equestrian military). The land was given to those who could serve the king and bring an army with them. Refusal to serve or treason against the king entailed the loss of the award. The beneficiary received land with dependent people who performed corvée in his favor or paid rent. The use of the same form of awards by other large landowners led to the formation of suzerainty-vassalage relations between large and small feudal lords.

From the middle of the 8th century. The period preceding the completion of the process of stratification of Frankish society into the class of feudal landowners and the class of peasants dependent on them begins; relations of patronage, domination and subordination, arising on the basis of special contracts of commendation, precarity, and self-enslavement, become widespread. The development of patronage relations was greatly influenced by the Roman institution - clientele, patronage. The relations of patronage and patronage among the Franks were brought to life by the collapse of old tribal ties, the impossibility of economic independence of small peasant economies, ruined by wars and the robberies of feudal lords. Patronage entailed the establishment of personal and property dependence of the peasants on the landowner-magnates, since the peasants transferred to them the ownership of their land plots, receiving them back on the terms of fulfilling certain duties, paying quitrents, etc.

Agreements of commendation (patronage) arose primarily in the relations of peasants with the church and monasteries. They were not always directly related to the loss of freedom and property rights to the land plot of the commendedee, as was the case in the case of a contract of self-enslavement. But once they came under such protection, free peasants gradually lost their personal freedom and after several generations, the majority became serfs.

The later “barbarian truths” also testify to other changes in the social structure of barbarian societies occurring in connection with the development of new feudal relations. In the Alamannic and Bavarian truths (8th century), the figure of the column is increasingly mentioned. A colon or slave planted on the ground was also known to Roman law, which deprived him of economic independence, the right to conclude contracts, sign documents, etc.

And finally, in the 9th century. large beneficiaries are seeking the right to transfer benefits by inheritance. Benefice is being replaced by feud (hereditary, as opposed to benefice, feudal land ownership granted by the lord to his vassal for service). Large feudal lords turn into sovereigns with political power in their domains.

State system of the Franks.

In the processes of formation and development of the state apparatus of the Franks, three main directions can be identified. The first direction, especially characteristic of the initial stage (V-VII centuries), manifested itself in the degeneration of the organs of tribal democracy of the Franks into bodies of new, public power, into state bodies proper. The second was determined by the development of the bodies of patrimonial administration, the third was associated with the gradual transformation of the state power of the Frankish monarchs into the “private” power of the lord-sovereigns with the formation of the seigneurial monarchy, which was fully revealed at the final stage of the development of Frankish society (VIII-IX centuries). .

Socio-economic, religious-ideological, ethnographic and other changes in Gallic society had a direct impact on the processes of formation and development of specific features of the state apparatus of the Frankish empire, which absorbed in the 8th-9th centuries. most of the barbarian states of Western Europe. Already in the 5th century. Among the Franks, the place of the old clan community is finally replaced by a territorial community (mark), and with it a territorial division into districts (pagi), hundreds. Salic truth already speaks of the existence of officials of the kingdom: counts, satsebarons, etc. At the same time, it testifies to the significant role of communal government bodies. At this time the Franks no longer had a general tribal people's assembly. It was replaced by a review of the troops - first in March ("March fields"), then (under the Carolingians) in May ("May fields"). But local meetings of hundreds ("malus") continued to exist, performing judicial functions under the chairmanship of the Tungins, who, together with the Rakhinburgs, experts in law ("passing judgment"), were representatives of the community.

The king acted primarily as a “guardian of peace”, as an executor of the community’s judicial decisions. His counts and social lords performed mainly police and fiscal functions. Salic truth provided for punishment for royal officials who refused to accede to the demand of a free man and to exercise power against offenders. At the same time, protecting to a certain extent the independence of the community on the part of royal officials, the Salic truth prohibited, for example, more than three social barons from appearing at one community meeting.

The emerging state apparatus is also characterized by extreme amorphousness, the absence of clearly demarcated official powers, subordination, and organization of office work. The threads of government are concentrated in the hands of royal servants and associates. Among them are the palace count, referendarium, and chamberlain. The palace count primarily performs judicial functions, directs legal battles, and oversees the execution of sentences. The referendar (speaker), keeper of the royal seal, is in charge of royal documents, draws up acts, orders of the king, etc. The chamberlain monitors receipts in the royal treasury and the safety of the palace property.

In the VI-VII centuries. The chief manager of the royal palace, and then the head of the royal administration, was the chamber mayor, or mayor, whose power was strengthened in every possible way in the conditions of the incessant campaigns of the king, who ruled his territories “from the saddle.”

At the same time, the newly emerging organs of the state apparatus of the Franks, copying some of the late Roman state orders, had a different character and social purpose. These were authorities that expressed the interests primarily of the German service nobility and large Gallo-Roman landowners. They were built on different organizational foundations. For example, the king’s warriors were widely used in the public service. Initially consisting of a royal military detachment of free Franks, the squad, and consequently the state apparatus, was subsequently replenished not only by Romanized Gauls, who were distinguished by their education and knowledge of local law, but also by slaves and freedmen who made up the royal court staff. All of them were interested in strengthening royal power, in destroying the old tribal separatism, in strengthening new orders that promised them enrichment and social prestige.

In the second half of the 7th century. A new system of political domination and management is emerging, a kind of “democracy of the nobility,” which presupposes the direct participation of the top of the emerging class of feudal lords in governing the state.

The expansion of the participation of the feudalizing nobility in government, the "seignorization" of government positions led to the loss of the relative independence of the royal power that it had previously enjoyed. This did not happen immediately, but precisely during the period when large landholdings had already acquired significant dimensions. At this time, greater power was assumed by the previously created Royal Council, consisting of representatives of the serving nobility and the highest clergy. Without the consent of the Council, the king actually could not make a single serious decision. The nobility are gradually being given key positions in management not only in the center, but also locally. Along with the weakening of the power of kings, counts, dukes, bishops, and abbots, who became large landowners, acquired more and more independence, administrative and judicial functions. They begin to appropriate taxes, duties, and court fines.

In later truths, local rulers - dukes and counts - are given no less attention than the king. A fine according to the Alamanian Pravda threatens anyone for failure to comply with the demands of a duke or count, for “disregard for their summons with a seal.” The special title of the 2nd Bavarian Pravda is dedicated to the dukes “whom the people appointed or elected them”; it testifies to the breadth of those matters “that concern them.” It provides for punishment in the form of a significant fine not only for non-compliance, but also for “negligence” in carrying out their orders (2, 13), in particular, it speaks of impunity in the case of carrying out the Duke’s order to kill a person (2, 6), probably “acted against the law” (2, 2).

From the middle of the 7th century, during the era of the so-called lazy kings, the nobility directly took the reins of power into their own hands, removing the king. This is done first by increasingly strengthening the role and importance of the position of majordomo, and then by directly removing the king. A striking example of this is the very change of the royal dynasty among the Franks. Back in the 7th century. The Pipinid family of mayors began to stand out for its power and land wealth. One of them, Charles Martel, actually already ruled the country. Thanks to the reforms carried out, he managed to strengthen for a certain time the unity of the Frankish state, which was experiencing a long period of political destabilization and dismemberment. The son and successor of Charles Martel, not wanting to even formally recognize the king, carried out a coup d'état, imprisoned the last reigning Merovingian in a monastery and took his throne.

Agrarian revolution of the 8th century. contributed to the further development of the feudal state, that administrative system in which patrimonial authorities began to play the main role. The new restructuring of the administrative apparatus was facilitated by the widespread dissemination of immunity letters at that time, by virtue of which the territory belonging to the owner of immunity was withdrawn (partially or completely) from the jurisdiction of state authorities in judicial, tax, and administrative matters. The votchinnik thus gained political power over his peasants. Charters of immunity, as a rule, sanctioned the already established relations of political dependence of peasants on their patrimonial lords.

Frankish Empire in the VIII-IX centuries.

Despite all the efforts of Charles I and the church, the empire did not become a single territorial entity. The chronicle testifies to continuous wars and rebellions in the empire. The many clans, tribal, feudal semi-autonomous state units in the Frankish Empire were cemented by the personal power of the emperor, which ensured him the subordination of local armies, which were called upon to protect it from Scandinavian, Arab, Slavic and other raids.

The capitulary, added to the Bavarian Truth by Charles I, stated that the emperor “as a guardian of peace” must suppress “violations of power”, ensure “correct peace for the church, widows, orphans and the weak”, pay “special attention” to the punishment of “robbers, murderers , adulterers and incestuous people,” strictly protect “the rights of the church and its property.” Formally, the emperor also had the highest appellate power. “If anyone declares that he was wrongly tried,” it is written in the same capitulary, “then let him appear before us.” But it was immediately indicated that all property disputes should “receive a final decision with the help of counts and local judges.”

The local administration was headed by large landowners, governors and counts, sharing power with bishops. “Bishops together with counts and counts with bishops,” the capitulary of Charles I ordered, “must be in such a position that each of them has the opportunity to perform his service.” An important role was played by margraves, military commanders in the border counties, monitoring the security of the state’s borders.

Conclusion

At the beginning of the 9th century, the Frankish state was at the zenith of its power. Covering the territory of almost all of Western Europe and not having on its borders an enemy equal in strength, it seemed indestructible and unshakable. However, even then it carried within itself elements of approaching decline and collapse. Created through conquest, it was a conglomerate of nationalities, not connected by anything other than military force. Having temporarily broken the massive resistance of the enslaved peasantry, the Frankish feudal lords lost their former interest in a unified state. At this time, the economy of Frankish society was subsistence in nature. Accordingly, there were no strong, stable economic ties between individual regions. There were also no other factors capable of restraining the fragmentation of the country. The Frankish state was completing its development path from the early feudal monarchy to the statehood of the period of feudal fragmentation.

The Capetians retained power only by controlling the vassals in the king's ancestral domain. Thus, along with the transformation of the power of the monarch-leader into the power of the sovereign-seigneur, the early feudal monarchy was gradually replaced by a new feudal state form - the seigneurial monarchy.

Literature.

1. History of state and law of foreign countries / ed. Zhukova O.A., Krasheninnikova N.A. – M., 1996

There was no dynasty, but the serving nobility very quickly emerged from among the royal warriors and trusted servants endowed with large land holdings. In the VI century. Important changes took place in the socio-economic structure of the Frankish state: the scale of slavery was further reduced, and the role of rent exploitation of small landowners sharply increased. In the social elite there is a place...

Development of the stage of slavery. Such a society is characterized by multistructure (a combination of slaveholding, tribal, communal, feudal relations) and the incompleteness of the process of creating the main classes of feudal society. In the history of the Frankish state, two periods can be distinguished, each of which is associated with the reign of a particular dynasty: from the end of the 5th century. until the 7th century - Merovingian monarchy...

The countries of the East are also reflected in their law. The law of China is characteristic in this regard. An important milestone in history was the law of the Arab Caliphate - the basis for the development of one of the systems of law with a religious and moral orientation. 1. The emergence of the Frankish state in Gaul in the 5th century. profound socio-economic transformations took place. In this richest province of Rome (territory almost coinciding with...

The emergence of a state among the Franks

The emergence of a class society among the Franks, which had begun to emerge even before moving to their new homeland, sharply accelerated during the conquest of Gaul.

The Gallo-Romans found themselves in the position of a dependent population, several times larger in number than the Franks. At the same time, the Gallo-Roman aristocracy partially retained its wealth. The unity of class interests marked the beginning of a gradual rapprochement between the Frankish and Gallo-Roman nobility, with the former becoming dominant. And this especially made itself felt during the formation of a new government, with the help of which it would be possible to maintain the captured country in one’s hands, to keep colonists and slaves in obedience. The previous tribal organization could not provide the necessary forces and means for this. The institutions of the tribal system begin to give way to a new organization with a military leader - the king and a squad personally devoted to him at the head. The king and his entourage actually decide the most important issues in the life of the country, although popular assemblies and some other institutions of the former Frankish system still remain. A new “public power” is being formed, which no longer coincides directly with the population. It consists not only of armed people who are independent of ordinary free people, but also of compulsory institutions of all kinds, which did not exist under the tribal system. The approval of the new public authority was associated with the introduction of territorial division of the population. The lands inhabited by the Franks began to be divided into "pagi" (districts), consisting of smaller units - "hundreds". The administration of the population living in pagas and hundreds is entrusted to special trustees of the king. In the southern regions of Gaul, where the former population many times prevailed at first, the Roman administrative-territorial division is preserved. But here, too, the appointment of officials depends on the king.

Formation of feudal society and the state of the Franks.

Salic truth also indicates the presence of other social groups among the Franks: serving nobility, free francs(community members) and semi-free litas. The differences between them were not so much economic as socio-legal. They were associated mainly with the origin and legal status of the person or the social group to which that person belonged. An important factor influencing the legal differences of the Franks was their membership in the royal service, the royal squad, and the emerging state apparatus. These differences were most clearly expressed in the system of monetary compensation, which served to protect the life, property and other rights of individuals.

The population of Gaul, under the spiritual influence of the clergy, led by bishops, began to perceive more and more Christian dogmas, the idea of redemption, relying on the intercession of the holy fathers for the sake of gaining forgiveness during the transition to another world. In an era of endless wars, destruction, widespread violence, disease, in conditions of the dominance of religious consciousness, people's attention naturally focused on issues such as death, posthumous judgment, retribution, hell and heaven. The church began to use the fear of purgatory and hell for its own selfish interests, collecting and accumulating numerous donations, including land donations, at the expense of both rulers and ordinary people. The growth of church land ownership began with the church's land refusals from Clovis.

The weakening of the power of the Frankish kings was primarily due to the depletion of their land resources. Only on the basis of new grants, the granting of new rights to landowners, and the establishment of new seigneurial-vassal ties could the strengthening of royal power and the restoration of the unity of the Frankish state take place at this time. The Carolingians, who actually ruled the country even before the transfer of the royal crown to them in 751, began to pursue this policy.

State system of the Franks.

In the processes of formation and development of the state apparatus of the Franks, three main directions can be identified. The first direction, especially characteristic of the initial stage (V-VII centuries), manifested itself in the degeneration of the organs of tribal democracy of the Franks into bodies of new, public power, into state bodies proper. The second was determined by the development of the bodies of patrimonial administration, the third was associated with the gradual transformation of the state power of the Frankish monarchs into the “private” power of the lord-sovereigns with the formation of the seigneurial monarchy, which was fully revealed at the final stage of the development of Frankish society (VIII-IX centuries). .

Socio-economic, religious-ideological, ethnographic and other changes in Gallic society had a direct impact on the processes of formation and development of specific features of the state apparatus of the Frankish empire, which absorbed in the 8th-9th centuries. most of the barbarian states of Western Europe. Already in the 5th century. Among the Franks, the place of the old clan community is finally replaced by a territorial community (mark), and with it a territorial division into districts (pagi), hundreds. Salic truth already speaks of the existence of officials of the kingdom: counts, satsebarons, etc. At the same time, it testifies to the significant role of communal government bodies. At this time the Franks no longer had a general tribal people's assembly. It was replaced by a review of the troops - first in March ("March fields"), then (under the Carolingians) in May ("May fields"). But locally, hundreds of assemblies (“malus”) continued to exist, performing judicial functions under the chairmanship of Tunginov, which together with Rahinburgs, legal experts (“judgers”) were representatives of the community.

The emerging state apparatus is also characterized by extreme amorphousness, the absence of clearly demarcated official powers, subordination, and organization of office work. The threads of government are concentrated in the hands of royal servants and associates. Among them are the palace count, referendarium, and chamberlain. Palace Count Performs mainly judicial functions, directs judicial duels, and oversees the execution of sentences. Referendar (speaker), keeper of the royal seal, is in charge of royal documents, draws up acts, instructions of the king, etc. Camerari monitors revenues to the royal treasury and the safety of palace property.

At the same time, the newly emerging organs of the state apparatus of the Franks, copying some of the late Roman state orders, had a different character and social purpose. These were authorities that expressed the interests primarily of the German service nobility and large Gallo-Roman landowners. They were built on different organizational foundations. For example, the king’s warriors were widely used in the public service. Initially consisting of a royal military detachment of free Franks, the squad, and consequently the state apparatus, was subsequently replenished not only by Romanized Gauls, who were distinguished by their education and knowledge of local law, but also by slaves and freedmen who made up the royal court staff. All of them were interested in strengthening royal power, in destroying the old tribal separatism, in strengthening new orders that promised them enrichment and social prestige.

From the middle of the 7th century, during the era of the so-called lazy kings, the nobility directly took the reins of power into their own hands, removing the king. This is done first by increasingly strengthening the role and importance of the position of majordomo, and then by directly removing the king. A striking example of this is the very change of the royal dynasty among the Franks. Back in the 7th century. The Pipinid family of mayors began to stand out for its power and land wealth. One of them, Charles Martel, actually already ruled the country. Thanks to the reforms carried out, he managed to strengthen for a certain time the unity of the Frankish state, which was experiencing a long period of political destabilization and dismemberment. The son and successor of Charles Martel, not wanting to even formally recognize the king, carried out a coup d'état, imprisoned the last reigning Merovingian in a monastery and took his throne.

Agrarian revolution of the 8th century. contributed to the further development of the feudal state, that administrative system in which patrimonial authorities began to play the main role. The new restructuring of the administrative apparatus was facilitated by the widespread use of immunity certificates, by virtue of which the territory belonging to the owner of immunity was withdrawn (partially or completely) from the jurisdiction of state authorities in judicial, tax, and administrative matters. The votchinnik thus gained political power over his peasants. Charters of immunity, as a rule, sanctioned the already established relations of political dependence of peasants on their patrimonial lords.

The Franks were a union of tribes of ancient Germanic tribes. They lived east of the lower Rhine. The Charbonniere forests divided them into Salii and Ripuarii. In the 4th century, Toxandria began to belong to them, where they became federates of the empire.

Formation of the Frankish Kingdom

The Great Migration of Peoples allowed the Merovingian dynasty to occupy a dominant position. In the second half of the 5th century, Clovis, a representative of the dynasty, led the Salic Franks. The king was famous for his cunning and enterprise. Thanks to these qualities, Clovis was able to create a powerful Frankish empire.

In 481, the coronation of the first king took place in Reims. According to legend, a dove sent from heaven brought a vial of oil for the ritual of anointing the king's kingdom.

Frankish Kingdom under Clovis

Soissons and the surrounding territory turned out to be the last Gallic lands that belonged to Rome. His father's experience told Holdwig about the enormous treasures of villages and towns near Paris, as well as about weakened Roman power. In 486, the troops of Syagrius near Soissons were defeated, and the power of the former empire passed to Holdwig. To increase the territory of his kingdom, he and his army went against the Alemanni in Cologne. Once upon a time, the Alemanni pushed back the Ripuarian Franks. A battle took place near Zulpich, which went down in history as the Battle of Tolbiak. She had great importance on future fate king. The pagan Holdvig was married to the Burgundian princess Clotilde, who was a Christian by religion. She had long convinced her husband to accept her faith. When the Alemanni began to win the battle, Holdvig loudly promised to be baptized if he managed to win. The army consisted of many Gallo-Roman Christians. Hearing the dinner inspired the soldiers, who subsequently won the battle. The enemy fell, and many of his warriors asked Holdvig for mercy. The Alemans became dependent on the Franks. On Christmas Day 496, Holdwig was baptized in Reims.

Holdvig brought a lot of wealth as a gift to the church. He changed his sign: instead of three toads on a white background, there were three fleurs-de-lis on a blue one. The flower acquired a symbolic meaning of purification. At the same time, the squad was baptized. All Franks became Catholics, and the Gallo-Roman population became a single people. Now Holdvig was able to act under his own banner as a fighter against heresy.

In 506, a coalition was created against the Visigothic king, who owned ¼ of the southwestern Gallic lands. In 507, the Visigoths were driven back beyond the Pyrenees, and the Byzantine emperor named Holdwig Roman consul, sending him a purple mantle and crown. The Roman and Gallic nobility had to recognize Holdwig in order to preserve their possessions. Wealthy Romans intermarried with the Frankish leaders, forming one ruling stratum.

The Emperor sought to achieve a suitable balance of power in western territory and form a stronghold against the Germans. The Byzantines preferred to pit barbarians against each other.

Holdvig sought to unite all Frankish tribes. He used deceit and atrocities to achieve this goal. With cunning and cruelty, he destroyed his former leaders-allies, subordinate to the Merovingians.

Over time, Clovis became the ruler of all the Franks. But he soon died. He was buried in Paris in the Church of Saint Genevieve, which he built with his wife.

The kingdom passed to Holdwig's four sons. They divided it into equal parts and sometimes united for military purposes.

Administration of the Frankish Kingdom under Clovis

Holdwig codified the law, documented old Frankish customs and new royal decrees. He turned out to be the sole supreme ruler. He had the entire population of the country under his command, not just the Frankish tribes. The king had more powers than the military leader. Power could now be inherited. Any actions against the king were punished death penalty. People close to the king were appointed to each region - counts. Their responsibilities included collecting taxes, sending military detachments, and leading the court. The highest judicial authority was the king.

To preserve the conquered lands, it was necessary to ensure reliable support for the retinue that accompanied the king. This could be ensured by a treasury full of gold and the constant seizure of new funds from rivals. To consolidate their power and control over new territories, Holdwig and subsequent rulers generously distributed lands to warriors and associates for good and faithful service. Such a policy contributed to an increase in the process of land subsidence of the squad. The warriors became feudal landowners throughout Europe.

Scheme of government of the Frankish kingdom

Chlothar, Childeber, Chlodomir and Thierry became four kings of one kingdom. Historians have called the Frankish kingdom the "Shared Kingdom".

At the end of the 5th and beginning of the 6th centuries, the scheme of governing the kingdom changed. Power over one people was replaced by power in a specific territory, and, accordingly, power over different peoples.

The Franks united in 520-530 to capture the Burgundian state. Holdwig's sons, through joint efforts, were able to annex the region of Provence, the lands of the Bavarians, Thuringians and Alamanni.

However, the unity was only illusory. Discord and civil strife began in the family with treacherous and cruel murders. Chlodomer died during a military campaign against Burgundy. His children were killed by their uncles Chlothar and Childeber. Chlothar turned out to be the king of Orleans. Together with his brother in 542, they went against the Visigoths and captured Pamplona. After Chldebert's death, Chlothar seized his part of the kingdom.

By 558, Chlothar I had unified Gaul. He left behind three heirs, which led to a new division into three states. The Merovingian country lacked economic, ethnic, political and judicial-administrative unity. Social system in the kingdom was different. Under pressure from the land authorities at the beginning of the 7th century, the king himself limited his power.

Subsequent rulers from the House of Merovingians were insignificant. State affairs were decided by mayors, whom the king himself appointed from noble families. In this chaos, the highest position became that of palace manager. He became the first person after the king. The Frankish state split into 2 parts:

Austrasia – German lands in the eastern part;
Neustria - western part.

West Frankish Kingdom

The West Frankish Kingdom occupies the territory of modern France. In 843, the Treaty of Verdun was concluded between the grandchildren of Charlemagne to divide the Frankish Empire. At first, dynastic ties were maintained between the Frankish kingdoms. They were still conditionally part of the Frankish “Roman Empire”. Since 887 in the western part imperial power no longer considered supreme.

Feudal fragmentation began in the kingdom. Counts and dukes symbolically recognized the power of the king, and sometimes could be at enmity with him. The king was chosen by the feudal lords.

In the 9th century, the Normans began to invade the kingdom. They collected tribute not only from the people, but also from the king. The Norman prince Rollond and the West Frankish king in 911 concluded an agreement on the formation of the county of Normandy. The merchant and feudal classes began to belong to the conquerors.

The West Frankish kingdom gradually turned into France by 987. This year the last representative of the Carolingian dynasty died, and its place was taken by the Capetian dynasty. Louis VIII was officially named the first king of France in 1223.

East Frankish Kingdom

According to the Treaty of Verdine, Louis II the German received lands to the east of the Rhine and north of the Alps. The resulting kingdom would be the forerunner of the powerful Holy Roman Empire and present-day Germany.

The king's official title was "King of the Franks" until 962.

During its existence, the territory expanded. Lortoringia, Alsace, and the Netherlands were added to it. Regensurge became the capital of the kingdom.

What was unusual about the East Frankish Kingdom was its composition. It united 5 large duchies: Thuringia, Swabia, Franconia, Bavaria and Saxony. They represented tribal semi-independent principalities.

The eastern part differed from the western part in its backwardness in socio-political terms due to the influence of the state and legal institutions of Rome and the preservation of tribal relations.

In the 9th century, there was a process of consolidation of power and awareness of the unity of the German nation and state. The principle of inheritance of power by the eldest son was formed. In the absence of a direct heir, the king was elected by the nobility.

In 962, the king of the East Frankish Kingdom took the title of "Emperor of the Romans and Franks" and founded the "Holy Roman Empire".