The Laws of the Salian Franks

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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.

Author(s): Katherine Fischer Drew (transl.)
Series: The Middle Ages Series
Publisher: University of Pennsylvania Press
Year: 1991

Language: English
Pages: 266
City: Philadelphia

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