A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age — John Shaqi
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
In the period before the migrations, each of the German tribes had its
primitive code of laws. This law was not put in writing, but was held in
memory; it was not based on abstract reasons of right and justice, but
grew up out of practice and custom. The migrations and the development
of tribal kingdoms on Roman soil brought about important changes in the
public and private life of the Germans, partly the result of changed
conditions, partly the direct influence of Roman manners and
institutions. One result was that the old unwritten customary laws were
codified and published in written form. These codes, called the _Leges
Barbarorum_, or laws of the barbarians, form an important historical
source, for of course they reflect the new conditions in which the
Germans found themselves after their settlement. Some of them show the
influence of Roman law and institutions in a marked degree; others are
more purely Germanic. They were in most cases written in Latin, although
the Angles and Saxons in England published their early codes in Old
English or Anglo-Saxon. One of the oldest and at the same time one of
the most purely German in character is the law of the Salic Franks,
called in Latin, _Lex Salica_; it was probably written about the year
500, in the reign of Chlodovech (481-511). In the most authentic form it
contains sixty-five chapters, or "titles," most of which are composed of
several sections. The title usually has a heading, as: XVII. _De
vulneribus_ (Concerning wounds).
The parts translated are intended to illustrate: (1) the character of
the tribal laws in general, and (2) certain important institutions and
customs of the Franks. Certain features of the Salic law are common to
nearly all of the German laws; these are suggested here for the
convenience of the reader.
1. The code contains mainly private law. Most of the law is taken up
with a scale of fines and compensations for injury, damage, and theft,
as in the case of injuries, titles XVII and XXII. This is characteristic
of most of the German codes; they are concerned with private and not
with public or administrative law.
2. The law makes minute specification of injuries. Note that the
different injuries are carefully described and particular fines given
for each, as in titles XVII and XXIX. This feature is found in most of
the codes and is characteristic of a primitive stage of legal conception
and a barbarous state of society. The important function of primitive
law is the settlement of differences between individuals to prevent
personal reprisals, so the various injuries that are apt to occur are
specified and provided with special fines.
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