The fact relied upon by M. Fustel de Coulanges, that under the laws of the Burgundians and the Wisigoths the Gallo-Roman was placed in a position of equality with the Teutonic conquerors, need not, I think, affect the view to be taken of his position under the Salic and Ripuarian laws. Tribal custom had to meet in Burgundy and the Wisigothic district with Roman law and Roman institutions still comparatively in their full strength. Marriages with the Gallo-Roman population were encouraged, and the system of wergelds almost entirely superseded. The Frankish conquest was of another kind, and the Frank was hardly likely to care to meet the Gallo-Roman on equal terms.
Position of the freedman or denarialis under Frankish law. His wergeld 200 solidi.
Passing now from the position of the stranger who was recognised as a freeman, let us try to get a clear idea of the position of the freedman under the Ripuarian law, taking the cases of the Frankish freedman and the Roman libertus separately.
In Tit. VIII. the payment for slaying a servus is 36 solidi. In Tit. LXII., if any one makes his servus into a tributarius or a litus and he is killed, the penalty is the same—36 solidi, but if he chooses to make him into a denarialis (i.e. a freedman under Frankish law) then his value shall be 200 solidi.
The tributarius or litus has gained but one step up the ladder of Frankish freedom. But the denarialis, with nearly six times his wergeld, has as regards his wergeld reached the highest rung at a single leap.
But till he has a free kindred, if he has no children the fisc is his heir.
Though, however, as regards wergeld he has done so, in another sense he has by no means done so. Under tribal custom he would not attain to full tribal rights till a kindred had grown up around him. So under Tit. LVII. the ‘homo denarialis,’ notwithstanding his wergeld of 200 solidi, is recognised as having no kindred.
(s. 4) If a ‘homo denariatus’ shall die without children he leaves no other heir than our fisc.
And in full accord with this statement is the following clause in the ‘Capitulare legi Ripuariæ additum’ of A.D. 803.