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Origins

The first recorded naming of Francia is in the Panegyrici Latini of the early third century. At the time it described the area north and east of the Rhine, roughly in the triangle between Utrecht, Bielefeld, and Bonn. It corresponded with the joint lands of Frankish tribes of the Sicambri, Salians, Bructeri, Ampsivarii,Chamavi and Chattuarii. Some of these peoples, such as the Sicambri and Salians, already had lands in the Roman Empire and delivered troops to Roman forces at the border. In 357 the Salian king entered the Roman Empire and made a permanent foothold there by a treaty granted by Julian the Apostate, who forced back the Chamavi to Hamaland. As Frankish territory expanded, the meaning of "Francia" expanded with it. Some of the Frankish kings, such as Bauto and Arbogastes, were committed to the cause of the Romans, but other Frankish rulers, such as Mallobaudes, were active on Roman soil for other reasons. After the fall of Arbogastes, his son Arigius succeeded in establishing a hereditary countship at Trier and after the fall of the usurper Constantine III some Franks supported the usurper Jovinus(411). Although Jovinus was dead by 413, the Romans could no longer manage the Franks within their borders. The Frankish king Theudemer was executed by the sword, but to no avail. Around 428 the Salian king Chlodio, whose kingdom included Toxandria and thecivitatus Tungrorum (Tongeren), launched an attack on Roman territory and extended his realm as far as Camaracum (Cambrai) and the Somme. ThoughSidonius Apollinaris relates that Flavius Aëtius fought the Franks and temporarily drove them back (c. 431), this period marks the beginning of a situation that would endure for many centuries: the Germanic Franks ruled over an increasing number of Gallo-Roman subjects. The kingdom of Chlodio changed the borders and the meaning of the word "Francia" permanently. Francia was no longer barbaricum trans Rhenum (barbarians across the Rhine), but a landed political power on both sides of the river, deeply involved in Roman politics. Chlodio's family, the Merovingians, extended Francia even further south. Due to pressure from the Saxons, the northeastern borders of Francia were pressed southwest so that most of the original Frankish people came to live more southwesterly, roughly between the Somme and Münster.

Law

The different Frankish tribes, such as the Salii, Ripuarii, and Chamavi, had different legal traditions, which were only lately codified, largely under Charlemagne. The Leges SalicaRibuaria, andChamavorum were Carolingian creations, their basis in earlier Frankish reality being difficult for scholars to discern at the present distance. Under Charlemagne codifications were also made of the Saxon law and the Frisian law. It was also under Frankish hegemony that the other Germanic societies east of the Rhine began to codify their tribal law, in such compilations as the Lex Alamannorumand Lex Bajuvariorum for the Alemanni and Bavarii respectively. Throughout the Frankish kingdoms there continued to be Gallo-Romans subject to Roman law and clergy subject to canon law. After the Frankish conquest of Septimania and Catalonia, those regions which had formerly been under Gothic control continued to utilise the Visigothic law code. During the early period Frankish law was preserved by the rachimburgs, officials trained to remember it and pass it on. The Merovingians adopted the capitulary as a tool for the promulgation and preservation of royal ordinances. Its usage was to continue under the Carolingians and even the later Spoletan emperors Guy and Lambert under a programme of renovation regni Francorum ("renewal of the Frankish kingdom"). The last Merovingian capitulary was one of the most significant: the edict of Paris, issued by Chlothar II in 614 in the presence of his magnates, had been likened to a Frankish Magna Carta entrenching the rights of the nobility, but in actuality it sought to remove corruption from the judiciary and protect local and regional interests. Even after the last Merovingian capitulary, kings of the dynasty continued to independently exercise some legal powers. Childebert III even found cases against the powerful Arnulfings and became renowned among the people for his justness. But law in Francia was to experience a renaissance under the Carolingians. Among the legal reforms adopted by Charlemagne were the codifications of traditional law mentioned above. He also sought to place checks on the power of local and regional judiciaries by the method of appointing missi dominici in pairs to oversee specific regions for short periods of time. Usually missi were selected from outside their respective regions in order to prevent conflicts of interest. A capitulary of 802 gives insight into their duties. They were to execute justice, enforce respect for the royal rights, control the administration of the counts and dukes (then still royal appointees), receive the oath of allegiance, and supervise the clergy.