The Laws of the Salian Franks

Description

Translated and with an Introduction by Katherine Fischer Drew. Following the collapse of the western Roman Empire, the Franks established in northern Gaul one of the most enduring of the Germanic barbarian kingdoms. They produced a legal code (which they called the Salic law) at approximately the same time that the Visigoths and Burgundians produced theirs, but the Frankish code is the least Romanized and most Germanic of the three. Unlike Roman law, this code does not emphasize marriage and the family, inheritance, gifts, and contracts; rather, 'Lex Salica' is largely devoted to establishing fixed monetary or other penalties for a wide variety of damaging acts such as "killing women and children," "striking a man on the head so that the brain shows," or "skinning a dead horse without the consent of its owner." An important resource for students and scholars of medieval and legal history, made available once again in Katherine Fischer Drew's expert translation, the code contains much information on Frankish judicial procedure. Drew has here rendered into readable English the 'Pactus Legis Salicae', generally believed to have been issued by the Frankish King Clovis in the early sixth century and modified by his sons and grandson, Childbert I, Chlotar I, and Chilperic I. In addition, she provides a translation of the 'Lex Salica Karolina', the code as corrected and reissued some three centuries later by Charlemagne. Foreword vii Introduction I. The Roman World and the Germanic Franks 3 II. Roman Law and Germanic Law 12 The Law of the Western Empire at the Time of the Invasions 12 Roman Law and the Germanic Barbarians 20 III. The Franks as Seen Through Their Law Code 28 Background of 'Lex Salica' 28 The Frankish State 31 The Frankish Judicial System 32 The Family and Kin Group 39 Marriage 41 Inheritance 43 Social Classes 45 The Frankish Economic Scene 49 Violence, Theft, Homicide 50 IV. Transmission of 'Lex Salica' and This Translation 52 PACTUS LEGIS SALICAE: The 65-Title Version of the Code Ascribed to Clovis Plus the Later Sixth-Century Additions 57 LEX SALICA KAROLINA: Systematic Version 169 Notes 227 Bibliography 243 Index 253