Chapters from the legal profession

The peculiar - and almost convoluted - legal system of the Franks in medieval times

Introductory page of a manuscript containing the capitularia of the Frankish kingdom - Wikicommons

In the medieval era, Frankish territories were still governed by the laws established under Salic Law. However, these laws were never updated, and the Frankish rulers began introducing what were known as capitularies (from the term capitolaria of the time), which applied across the entire kingdom. The capitularies addressed gaps in legislation and sometimes covered similar aspects to previous edicts; this occurred because, in many cases, an earlier capitulary had failed to fully resolve a particular issue, necessitating further action.

Capitularies were issued in conjunction with large assemblies. Once finalized, it is likely that many copies were made and distributed to counts and dukes. These leaders would then read the text aloud, ensuring that the entire population, including the illiterate, was informed of the latest royal directives.

Many examples of capitularies have been preserved, as these legal enactments were regularly issued by both Merovingian and Carolingian rulers. The reason is straightforward: capitularies provided laws that addressed specific, immediate needs rather than broader issues.

Finally, it’s important to note another distinctive feature of the Frankish legal system. Within this kingdom, which later became an empire, various populations coexisted. The kingdom’s formation through territorial conquests brought with it diverse legal traditions. Since no single legal code governed the entire territory, individuals had to declare a professio iuris, indicating which legal standard they wished to be subject to in potential legal proceedings.



Bibliography:

Site: Professio Iuris, Treccani, viewed in November 2024

Site: Mario Viola, Capitolari, Italian Encyclopedia, 1930, viewed November 2024

Site: Legge Salica, Treccani, viewed in November 2024

To view some of the chapters, please refer to the website Capitularia, der fränkischen Herrschererlasse viewed in November 2024

Author:

Sara Menegoi, history teacher

Publication date:
2025-04-14
Translator:
Salvatore Ciccarello