The words _puer crintus_ have been shown by Kern[399] to refer not to
the fact that the boy was one of twelve years who had been allowed to
wear his hair long, but one who “by right of birth is allowed to wear
his hair long in contradistinction to slaves and serfs.”[400]
To cut the hair of a boy or girl by force—and apparently against their
will—meant a fine of forty-five sous. To kill a free girl before the
age of twelve cost 200 sous, after the age of twelve, here given as
the age of puberty, meant 600 sous. To kill a woman who was _enceinte_
meant a _wergeld_ of 700 sous; to strike a woman who was _enceinte_
was 200 sous; if the child died, 600 sous, if the woman also died, 900
sous, and if the woman was _in verbo regis_, under the care of the
king, 1200 sous.
The Salic law, which was put together by four chosen seigneurs and
corrected by Clovis, Childbert, and Lothair, is also interesting in
that it put a penalty on murders in such a way as to show that even the
unborn child was given a value. A _wergeld_ of 700 sous was declared
against one who killed a woman who was _enceinte_, and to kill an
unborn child entailed a _wergeld_ of 200 sous.
The law of the Allemands, the people who have passed away but who have
left the name by which the French designate the Germans, differed from
the Salic law in an interesting way.
The tendency and underlying idea of the laws of the time is well shown
in the law of the Angles which punished the murder of a noble girl _non
nubile_ with the same _wergeld_ of 600 sous that it punished the murder
of a noble woman who was no longer able to bear children. The murder
of a woman who was capable of bearing children was punishable by a
_wergeld_ three times the size of this. But the fine for a young girl
or _non fecund_ woman of the plain people was only 160 sous.
The Burgundians in their law had no regulation on either infanticide or
abortion. The Ripurian Francs declared strongly against both in a law
that imposed a fine of 100 sous on “any one who killed a new-born child
that had not been named.”
The code of the Visigoths which was arranged after the middle of the
fifth century is the severest of all in its penalties as to abortion
and those in any way responsible for it.
In the matter of exposed children the law went into details. Parents
could not sell children, it states, nor put them in pawn.
“Whoever nourished a child that had been exposed, gained the value of a
slave, which had to be paid by the parents of the exposed child when it
was reclaimed by its parents. If the parents did not present themselves
but they should be found out, they were forced to pay and might be sent
into exile. If they did not have the means to pay, the one who had
exposed the child became a slave in his place to the rescuer.
Public-domain text, read in full here on John Shaqi.
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