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
{20} The use of appraisers, referred to here and elsewhere, indicates
that fines and debts were paid regularly in kind, and that money was
still an unfamiliar convenience.
{21} That is, the delinquent is to be given the full legal day, and
when that has passed with the setting of the sun, the penalty is
incurred. It is interesting to notice the same feature in the law of the
XII Tables, which was apparently merely the primitive tribal law of the
early Romans reduced to written form. There, in the first table, the
description of a public court process ends with the sentence: "Sol
occasus suprema tempestas esto"--sunset is to be the latest hour [of the
legal day].
{22} _Rachinburgii_ is the name generally used in the law for the board
of judges, seven in number, who are chosen at every hundred-court to
render the judgment (see title LVI). Here, however, the term is used for
appraisers who apparently are not connected with the _rachinburgii_ of
the hundred-court.
{23} The _fredus_ is that portion of the fine which goes to the state,
apparently as compensation for executing the sentence. It furnished a
part at once of the royal revenues and of the salary of the _grafio_,
since half went to him and half to the royal treasury.
LII. _Property that has been Loaned._
If one has loaned anything of his goods to another, and that person will
not restore it to him, he shall sue for it in this way: He shall go with
witnesses to the house of him to whom he loaned his property and serve
this notice on him: "Since you will not restore to me my goods which I
have loaned to you, you may keep them until the following night, in
accordance with the Salic law."{24} And if still he will not restore
them, let the sun set on him.{25} If he still will not restore them, the
owner is to give him a space of seven nights, and at the end of these
seven nights he shall serve notice as before that he may keep them till
the following night, in accordance with the Salic law. If then he will
not restore them, at the end of another seven nights he is to go with
witnesses again and ask him to pay what he owes. If he will not pay, let
the sun set on him. But when the sun has set on him three times, for
each time 120 denarii (which make 3 solidi) are to be added to the
original amount of the debt. And if still he will neither pay nor give
pledge of payment, he is to be held liable to him who loaned him the
goods for 600 denarii (which make 15 solidi) above the original debt and
above the 9 solidi which accrued through the three summons.
{24} This is to give the man legal and public notice and to allow him a
full day's time in which to obey. The guilt is incurred, therefore, at
sunset of the following day.
{25} See title L, note 21.
LIV. _The Slain Grafio._
1. If anyone kills a _grafio_{26} he shall pay 24,000 denarii, which
make 600 solidi.
2. If anyone kills a _sacebaro_,{27} or an _obgrafio_ who is a king's
slave, he shall pay 12,000 denarii, which make 300 solidi.
Public-domain text, read in full here on John Shaqi.
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