The count’s tribunal was called the _Mallus_. He sat in company with a
few assessors, chosen from the chief men of the district. These magnates
were called _Rachimburgi_, or _Boni Homines_. They were summoned by the
count, and had no authority independent of his, but by ancient
custom—both Roman and Teutonic—assessors had always been called in to
aid the chief judge. The system is found alike at the tribunal of the
Roman provincial magistrate presiding in his _conventus_, and in the
primitive German law courts described by Tacitus. The count, sitting in
his _Mallus_, had full power of life and death, and authority in all
cases, save where the persons concerned were so great that the case
might be called before the King’s High Court, and tried by the king
himself and the _Comes Palatinus_.
The Franks not unfrequently enforced the death penalty for murder,
arson, brigandage, and other great crimes. But they used also the system
of _weregeld_, like our own Anglo-Saxon forefathers. With the consent of
the family of the victim, almost every murder could be condoned on the
payment of sums varying from 30 gold solidi for a slave to 1800 for a
freeman of high rank. [Sidenote: Weregeld.] In cases when the proof of a
crime was difficult on the evidence produced, the Franks often made use
of oaths and compurgations. The accused for himself, or a body of his
supporters in his behalf, made a solemn oath that he was innocent, and
this sufficed to acquit him if no further evidence was produced.
Judicial combats were also not unfrequent. They appear among the
Burgundians, however, before they were taken up by the Franks. Nor was
the custom unknown of submitting criminals whose conviction was
difficult to the ordeal: that by boiling water, where the accused
plunged his hand into a caldron, was the one most frequently used.
It will be noticed that there was no trace of popular government in this
Frankish administration. The king chose the count and the count the
hundred-man. The king was not controlled or checked by any popular
assembly of the nation, nor the count or hundred-man by any meeting of
the people of his district. The king promulgated edicts and laws on his
own responsibility, and similarly the count administered his countship
without any thought of rendering account to any one save the king. Such
assemblies as took place were summoned to hear the decisions of king or
count, not to debate upon them, or recommend their modification. The
ancient German freedom had disappeared, to give place to an autocracy as
well defined as that of the vanished Roman empire.
Public-domain text, read in full here on John Shaqi.
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