A History of Germany from the Earliest Times to the Present DayTaylor, Bayard
History
A History of Germany from the Earliest Times to the Present Day
Taylor, Bayard
Germany -- History
Slavery still existed, and in the two forms of it which we find among
the ancient Germans,--chattels who were bought and sold, and dependents
who were bound to give labor or tribute in return for the protection of
a freeman. The Romans in Gaul were placed upon the latter footing by the
Franks. The children born of marriages between them and the free took
the lower and not the higher position,--that is, they were dependents.
[Sidenote: 570. PENALTIES FOR CRIME.]
The laws in regard to crime were very rigid and severe, but not bloody.
The body of the free man, like his life, was considered inviolate, so
there was no corporeal punishment, and death was only inflicted in a few
extreme cases. The worst crimes could be atoned for by the sacrifice of
money or property. For murder the penalty was two hundred shillings (at
that time the value of 100 oxen), two-thirds of which were given to the
family of the murdered person, while one-third was divided between the
judge and the State. This penalty was increased threefold for the murder
of a Count or a soldier in the field, and more than fourfold for that of
a Bishop. In some of the codes the payment was fixed even for the murder
of a Duke or King. The slaying of a dependent or a Roman only cost half
as much as that of a free Frank, while a slave was only valued at
thirty-five shillings, or seventeen and a half oxen: the theft of a
falcon trained for hunting, or a stallion, cost ten shillings more.
Slander, insult and false-witness were punished in the same way. If any
one falsely accused another of murder he was condemned to pay the
injured person the penalty fixed for the crime of murder, and the same
rule was applied to all minor accusations. The charge of witchcraft, if
not proved according to the superstitious ideas of the people, was
followed by the penalty of one hundred and eighty shillings. Whoever
called another a _hare_, was fined six shillings; but if he called him a
_fox_, the fine was only three shillings.
As the Germanic races became Christian, the power and privileges of the
priesthood were manifested in the changes made in these laws. Not only
was it enacted that the theft of property belonging to the Church must
be paid back ninefold, but the slaves of the priests were valued at
double the amount fixed for the slaves of laymen. The Churches became
sacred, and no criminal could be seized at the foot of the altar. Those
who neglected to attend worship on the Sabbath three times in
succession, were punished by the loss of one-third of their property. If
this neglect was repeated a second time, they were made slaves, and
could be sold as such by the Church.
[Sidenote: 570.]
Public-domain text, read in full here on John Shaqi.
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