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Kings and kingship 599
four otherwise unknown men ‘from beyond the Rhine’, so presumably from
the pre-invasion past.
154
Royal sponsors are also lacking in its seventh-century
sister code, Lex Ribuaria, and in the first English code.
155
This confirms that
Germanic political culture was initially as hesitant as Celtic about royal law-
giving. Kings as explicit legislators are one more symptom of Romanisation.
But Clovis’ successors and Anglo-Saxon kings after Æthelberht were increas-
ingly preoccupied with the concerns of the church and with law and order as
such. The Frankish Childebert II and Ine of Wessex punished Sunday work.
The former even forbade taking of revenge.
156
Frankish kings made subject
peoples ‘civilised’ by giving them written law.
157
As kings came to seem war-
dens of social peace, earlier kings were retrospectively credited with a legislative
role they perhaps could not claim at first. Romanisation never went so far in
northern as in southern Europe. References to ‘lex’ in law suits often have no
basis in written law, since by no means all law had been written down.
158
Yet
Germanic kings became law-makers under the sort of pressure from their new
subjects that Hellenistic cities had exerted on Roman emperors. Even where
written law remained more an object of aspiration than an accomplished fact,
there was intensification of the idea, perhaps already residual in Germanic as
in Celtic society, that kings stood for justice. It was an idea that would achieve
enhanced intensity under the Carolingians.
Early medieval western kings inherited what was, by the standardsof the time
when Germans first became familiar with Rome, a massive palace mechanism.
Among the themes of their rule was its scaling down until it again resembled
what had been at Augustus’ disposal. The charters whereby Merovingian and
Lombard kings gave judgement represent them formulaically as ‘residing at
their palace’ amidst an array of court personnel.
159
The protocol of Toledo
Councils was attested by ‘comites’ from the officium palatinum,
160
but the real-
ity of the position is well conveyed by the word gardingus also used for these
counts. Of Gothic origin, it means ‘house-man’ (compare Anglo-Norse garth),
154
Lex Salica (65 tit.), Prologue. The ‘Epilogue’, Lex Salica (65 tit.), p. 253,alater Merovingian text of
questionable authority, ascribes the code only to ‘primus rex francorum’. But if the early Carolingian
‘Longer Prologue’, Lex Salica (100 tit.), Prologue, understood Clovis to be meant, we need not
hesitate to do the same.
155
Bede was the first to say that Æthelberht issued the code that has come to stand in his name,
HE ii.5; the introductory clause printed in Gesetze i,p.3 is a manuscript rubric: Wormald (1995),
p. 983.
156
Decretio Childerberti iii.7, ii.3; Laws of Ine 3–3.2 (and Laws of Wihtred 9, 11); cf. Wormald (1995),
pp. 977–87.For the development of Frankish royal measures against theft, see Murray (1988).
157
Pact, Lex Alamannorum Prologue; Lex Baiwariorum,Prologue. Cf. Wood (1994), pp. 115–17.
158
Nehlsen (1977), pp. 453–83;Fouracre (1986), pp. 29–37;Wormald (1986b), pp. 152–7.
159
Diplomata Regum Francorum, nos. 48–9, 60, 64, 66, etc.; Codice Diplomatico Longobardo iii (1), 12,
14–15, etc. The documentary evidence is assessed by Br
¨
uhl (1968).
160
Council of Toledo viii,p.289; ix,p.307; xii,pp.402–3; xiii,pp.434–5; xvi,p.521.