A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance — John Shaqi
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
=42.= Then Clovis made war on his relative Ragnachar.[58] And when
the latter saw that his army was defeated, he attempted to flee;
but his own men seized him and his brother Richar and brought them
bound before Clovis. Then Clovis said: "Why have you disgraced our
family by allowing yourself to be taken prisoner? It would have
been better for you had you been slain." And, raising his
battle-ax, he slew him. Then, turning to Richar, he said, "If you
had aided your brother he would not have been taken;" and he slew
him with the ax also. Thus by their death Clovis took their kingdom
and treasures. And many other kings and relatives of his, who he
feared might take his kingdom from him, were slain, and his
dominion was extended over all Gaul.
[Sidenote: The death of Clovis (511)]
=43.= And after these things he died at Paris and was buried in the
basilica of the holy saints which he and his queen, Clotilde, had
built. He passed away in the fifth year after the battle of
Vouille, and all the days of his reign were thirty years.
7. The Law of the Salian Franks
When the Visigoths, Lombards, and other Germanic peoples settled
within the bounds of the Roman Empire they had no such thing as
written law. They had laws, and a goodly number of them, but these
laws were handed down from generation to generation orally, having
never been enacted by a legislative body or decreed by a monarch in
the way that laws are generally made among the civilized peoples of
to-day. In other words, early Germanic law consisted simply of an
accumulation of the immemorial custom of the tribe. When, for example,
a certain penalty had been paid on several occasions by persons who
had committed a particular crime, men came naturally to regard that
penalty as the one regularly to be paid by _any one_ proved guilty of
the same offense; so that what was at first only habit gradually
became hardened into law--unwritten indeed, but none the less binding.
The law thus made up, moreover, was personal rather than territorial
like that of the Romans and like ours to-day. That is, the same laws
did not apply to all the people throughout any particular country or
region. If a man were born a Visigoth he would be subject to
Visigothic law throughout life, no matter where he might go to live.
So the Burgundian would always have the right to be judged by
Burgundian law, and the Lombard by the Lombard law. Obviously, in
regions where several peoples dwelt side by side, as in large portions
of Gaul, Spain, and northern Italy, there was no small amount of
confusion and the courts had to be conducted in a good many different
ways.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account