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
[56] This was Cloderic, son of Sigibert the Lame, king of a tribe of
Franks living along the middle Rhine. Sigibert was one of the numerous
independent and rival princes whom Clovis used every expedient to put
out of the way.
[57] Along the Upper Weser, near the monastery of Fulda.
[58] Ragnachar's kingdom was in the region about Cambrai.
[59] The _mallus_ was the local court held about every six weeks in
each community or hundred. In early German law the state has small
place and the principle of self-help by the individual is very
prominent. To bring a suit one summons his opponent himself and gets
him to appear at court if he can. Ordinarily the court merely
determines the method by which the guilt or innocence of the accused
may be tested. Execution of the sentence rests again with the
plaintiff, or with his family or clan group.
[60] "The monetary system of the Salic law was taken from the Romans.
The basis was the gold _solidus_ of Constantine, 1/72 of a pound of
gold. The small coin was the silver _denarius_, forty of which made a
_solidus_. This system was adopted as a monetary reform by Clovis, and
the statement of the sum in terms of both coins is probably due to the
newness of the system at the time of the appearance of the
law."--Thatcher and McNeal, _Source Book for Mediaeval History_, p. 17.
The gold _solidus_ was worth somewhere from two and a half to three
dollars, but its purchasing power was perhaps equal to that of twenty
dollars to-day, because gold and silver were then so much scarcer and
more valuable. Such estimates of purchasing power, however, involve so
great uncertainty as to be practically worthless.
[61] The Burgundian law (Chap. 41) contained a provision that if a man
made a fire on his own premises and it spread to fences or crops
belonging to another person, and did damage, the man who made the fire
should recompense his neighbor for his loss, provided it could be
shown that there was no wind to drive the fire beyond control. If
there was such a wind, no penalty was to be exacted.
[62] The law of the Lombards had a more elaborate system of fines for
wounds than did the Salic code. For example, knocking out a man's
front teeth was to be paid for at the rate of sixteen _solidi_ per
tooth; knocking out back teeth at the rate of eight _solidi_ per
tooth; fracturing an arm, sixteen _solidi_; cutting off a second
finger, seventeen _solidi_; cutting off a great toe, six _solidi_;
cutting off a little toe, two _solidi_; giving a blow with the fist,
three _solidi_; with the palm of the hand, six _solidi_; and striking
a person on the head so as to break bones, twelve _solidi_ per bone.
In the latter case the broken bones were to be counted "on this
principle, that one bone shall be found large enough to make an
audible sound when thrown against a shield at twelve feet distance on
the road; the said feet to be measured from the foot of a man of
moderate stature."
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