Throughout Visigothic Spain there existed, in conflict if not in force, a
complex mass of diverse laws and customs, written and unwritten, Roman,
Gothic, ecclesiastical. Soon after the middle of the seventh century a
general code was compiled for both Goths and Roman provincials, between
whom marriages were formally sanctioned. This codification was the legal
expression of a national unity, which however had no great political
vigour. For what with its inheritance of intolerable taxation, of
dwindling agriculture, of enfeebled institutions and social degeneracy,
the Visigothic state fell an easy victim before the Arabs in 711. It had
been subject to all manner of administrative abuse. In name the government
was secular. But in fact the bishops of the great sees were all-powerful
to clog, if not to administer, justice and the affairs of State within
their domains; the nobles abetted them in their misgovernment. So it came
that instead of a united Government supported by a strong military power,
there was divided misrule, and an army without discipline or valour. This
misrule was also cruelly intolerant. The bitter persecution of the Jews,
and the law that none but a Catholic should live in Spain, if not causes,
were at least symptoms, of a fatal impotence, and prophetic of like
measures taken by later rulers in that chosen land of religious
persecution.[140]
In Gaul, contact between Latinized provincials and Teutonic invaders
produced interesting results. Mingled peoples came into being, whose
polity and institutions were neither Roman nor Teutonic, and whose
literature and intellectual achievement were to unite the racial qualities
of both. The hybrid political and social phenomena of the Frankish period
were engendered by a series of events which may be outlined as follows.
The Franks, Salic and Ripuarian, were clustered in the region of the lower
and middle Rhine. Like other Teutonic groups dwelling near the boundaries
of the weakening Empire, they were alternately plunderers of Roman
territory and auxiliaries in the imperial army, or its independent allies
against Huns or Saxons or Alans. One Childeric, whose career opens in saga
and ends in history, was king or hereditary leader of a part of the Salian
Franks. This active man appears in frequent relations with Aegidius, the
half-independent Roman ruler of that north-western portion of Gaul which
was not held by Visigoths or Burgundians. If Childeric’s forefathers had
oftener been enemies than allies of the Empire, he was its ally, and
perhaps commander of the forces which helped to preserve this outlying
portion of its territory.
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