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
After the Germans had been for some time in contact with the Romans
they began to be considerably influenced by the customs and ways of
doing things which they found among the more civilized people. They
tried to master the Latin language, though, on the whole, they
succeeded only so well as to create the new "Romance" tongues which we
know as French, Spanish, Portuguese, and Italian. They adopted the
Roman religion, i.e., Christianity. And, among the most important
things of all, they took up the Roman idea of having their law written
out rather than in the uncertain shape of mere tradition. In this work
of putting the old customary law in written form the way was led by
the Salian branch of the Franks. Just when the Salic code was drawn up
is not known, but the work was certainly done at some time during the
reign of Clovis, probably about the year 496. The portions of this
code which are given below will serve to show the general character of
all the early Germanic systems of law--Visigothic, Lombard,
Burgundian, and Frisian, as well as Frankish; for among them all there
was much uniformity in principles, though considerable variation in
matters of detail. Like the rest, the Salic law was fragmentary. The
codes were not intended to embrace the entire law of the tribe, but
simply to bring together in convenient form those portions which were
most difficult to remember and which were most useful for ready
reference. In the Salic code, for instance, we find a large amount of
criminal law and of the law of procedure, but only a few touches of
the law of property, or indeed of civil law of any sort. There is
practically nothing in the way of public or administrative law. Many
things are not mentioned which we should expect to find treated and,
on the other hand, some things are there which we should not look for
ordinarily in a code of law. The greater portion is taken up with an
enumeration of penalties for various crimes and wrongful acts. These
are often detailed so minutely as to be rather amusing from our modern
point of view. Yet every one of the sixty-five chapters of the code
has its significance and from the whole law can be gleaned an immense
amount of information concerning the manner of life which prevailed in
early Frankish Gaul. For the Merovingian period in general the Salic
law is our most valuable documentary source of knowledge, just as for
the same epoch the _Ecclesiastical History_ of Gregory of Tours is our
most important narrative source.
Source--Text in Heinrich Geffcken, _Lex Salica_ ["The Salic
Law"], Leipzig, 1898; also Heinrich Gottfried Gengler,
_Germanische Rechtsdenkmaeler_ ["Monuments of German Law"],
Erlangen, 1875, pp. 267-303. Adapted from translation in
Ernest F. Henderson, _Select Historical Documents of the
Middle Ages_ (London, 1896), pp. 176-189.
I.
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