[388-425 A.D.]

The first few years of the fifth century are occupied in the struggle between Alaric the Goth and Stilicho, which ended in the sacking of Rome by the former in the year 410 A.D., the same in which he died.

While the Goths were inflicting deadly wounds on the very heart of the empire, the distant provinces of Germany and Gaul presented a scene of indescribable confusion. Innumerable hosts of Astingians, Vandals, Alani, Suevi, and Burgundiones threw themselves like robbers upon the prostrate body of imperial Rome, and scrambled for the gems which fell from her costly diadem. In such a storm the Franks could no longer sustain the part of champions of the empire, but doubtless had enough to do to defend themselves and hold their own. We can only guess at the fortune which befell the nations in that dark period, from the state in which we find them when the glimmering light of history once more dawns upon the chaos.

EARLY KINGS AND THE SALIC LAWS

Of the internal state of the Frankish league in these times, we learn from ancient authorities absolutely nothing on which we can safely depend. The blank is filled up by popular fable. It is in this period, about 417 A.D., that the reign of Pharamond is placed, of whom we may more than doubt whether he ever existed at all. To this hero were afterwards ascribed not only the permanent conquests made at this juncture by the various tribes of Franks, but the establishment of the monarchy and the collection and publication of the well-known Salic laws. The sole foundation for this harmonious fabric is a passage interpolated into an ancient chronicle (Prosper[m]) of the fifth century; and, with this single exception, Pharamond’s name is never mentioned before the seventh century. The whole story is perfected and rounded off by the author of the Gesta Francorum,[n] according to whom Pharamond was the son of Marcomeres, the prince who ended his days in the Italian prison. The fact that nothing is known of him by Gregory of Tours[o] or Fredegarius[p] is sufficient to prevent our regarding him as an historical personage. To this may be added that he is not mentioned in the prologue of the Salic law, with which his name has been so intimately associated by later writers.

[425-429 A.D.]

Though well authenticated names of persons and places fail us at this time, it is not difficult to conjecture what must have been the main facts of the case. Great changes took place among the Franks in the first half of the fifth century, which did much to prepare them for their subsequent career. The greater portion of them had been mere marauders, like their German brethren of other nations: they now began to assume the character of settlers; and as the idea of founding an extensive empire was still far from their thoughts, they occupied in preference the lands which lay nearest to their ancient homes. There are many incidental reasons which make this change in their mode of life a natural and inevitable one. The country whose surface had once afforded a rich and easily collected booty, and well repaid the hasty foray of weeks, and even days, had been stripped of its movable wealth by repeated incursions of barbarians still fiercer than themselves. All that was above the surface the Alan and the Vandal had swept away, the treasures which remained had to be sought for with the plough. The Franks were compelled to turn their attention to that agriculture which their indolent and warlike fathers had hated; which required fixed settlements, and all the laws of property and person indissolubly connected therewith. Again, though there is no sufficient reason to connect the Salic laws with the mythical name of Pharamond, or to suppose that they were altogether the work of this age (since we know from Tacitus[b] that the Germans had similar laws in their ancient forests), it is very probable that this celebrated code now received the form in which it has come down to us.

A Frankish Officer

This view of the case is strongly supported by internal evidence in the laws themselves, which, according to the Prologue, were written while the Franks were still heathens, and are peculiarly suited to the simple wants of a barbarous people. Even the fiction of the foundation of the Frankish monarchy by Pharamond may indicate some real and important change in the structure of the state.