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
The next two sections are now generally regarded as a later
addition--_i.e._, the first two are supposed to belong to an early
period, while the last two belong to the period when the _grafio_, the
royal representative, had acquired executive functions within the
county. If this is so, then sections 3 and 4 have replaced certain older
sections which must have completed the process described in sections 1
and 2; there must have been a further stage in which the delinquent was
finally forced to pay, perhaps the process described in title LVI, by
which a delinquent can be outlawed if he is still contumacious.
3. If anyone refuses to redeem his promise within the lawful term, then
he to whom he gave the pledge shall go to the _grafio_ of the county
within which the debtor lives, and shall lay hold on the staff and say:
"_Grafio_, this man has given pledge to me and I have given lawful
notice of his indebtedness and have sued him before the _mallus_ in
accordance with the Salic law. I pledge myself and my fortune that you
may safely and lawfully lay hands on his property." And he declares for
what cause and to what amount the pledge had been given. Then the
_grafio_ shall take with him seven suitable _rachinburgii_{22} and go to
the house of him who gave the pledge and say: "You, who are here
present, pay this man of your own free will that for which you gave him
pledge. Choose two men, whomsoever you will, who together with these
_rachinburgii_ shall assess from your goods the amount you ought to pay.
And so shall you make good what you owe according to legal value." But
if he, being present, will not heed, or if he is absent, then the
_rachinburgii_ shall take from his goods a value equal to the amount
which he owes, and of that amount two parts shall go to him who brought
suit, and the third part the _grafio_ shall take for himself as
_fredus_,{23} if the _fredus_ for this case has not already been paid.
4. If the _grafio_ has been appealed to and legal hindrance or his
master's [the king's] business has not detained him, and he neither goes
himself nor sends a representative, he shall be punished with death or
he may redeem himself with his possessions.
{18} The term _letus_ is used of a class of population whose position
was between that of the free man and that of the slave; a similar class
is found among nearly all the Germanic tribes. They were perhaps
descendants of conquered peoples that had been incorporated into the
tribe; they did not own land, but cultivated the land of others on terms
of a fixed rental in produce and services. Thus while not free, their
position was above that of the slaves, since they might acquire
possessions and profits above the rent paid, while the earnings of the
slave belonged in theory entirely to the master.
{19} The regular interval between the meetings of the hundred-court or
_mallus_.
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