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SALIC TRUTH

The Salic Truth (Lex Salica) is a record of the ancient judicial customs of the Salic Franks, who settled on the territory of Roman Gaul and created in the 5th-6th centuries. the largest barbarian kingdom in Western Europe. The Salic Truth is not the only collection of barbarian laws, and in terms of the time they were written, it is not even the most ancient. But this collection is the most complete, which has come down to us in many lists and versions of earlier and later times, and is most archaic in content. In the Salic truth, except for the bad, barbarized Latin language and accounts for Roman solids and denarii, in essence, the Roman influence is almost completely absent. Before us is the ancient German law, in some details directly reminiscent of the features of life and customs that existed among the ancient Germans several hundred years before their invasion of the Roman Empire and were once described by Julius Caesar and Tacitus.

Reconciled according to the edition: Salic truth. M., Sample. type of. them. Zhdanova, 1950. (Moscow State Pedagogical Institute named after Lenin. Scientific notes, vol. LXII). Translation by N.P. Gratsiansky.

I. Summons

1. If someone is called to court (ad mallum) according to the laws of the king, and does not appear, he is awarded 600 denarii, which is 15 solidi.

2. If someone, having called another to judgment, does not himself appear, and if he is not detained by any legal obstacle, he is sentenced to payment of 15 Sol. in favor of whomever he calls to court.

3. And the one who summons another to judgment, accompanied by witnesses, must come to his house, and if the latter is absent, must call his wife or someone from his household so that they inform him of the summons to judgment.

4. If (the defendant) is engaged in the performance of royal service, he cannot be summoned to court.

5. If he is outside the parish on his own business, he may be summoned to court, as mentioned above.

II. About stealing pigs

1. If someone steals a suckling pig and is caught, he is awarded 120 denier, which is 3 sols.

Approx. 1st. If someone steals a pig in the third (inner) barn, he is awarded 15 Sol., not counting the cost of the stolen and compensation for damages.

Approx. 2nd. If someone steals a piglet from a locked barn, he is awarded 45 sols.

2. If someone steals a pig that can live without a mother and is caught, he is awarded 40 den., which is 1 sol.

3. If someone thieves strikes a pregnant pig (the result of which is a miscarriage), and is caught, he is awarded 280 den., Which is 7 Sol.

Approx. 3rd. If someone steals a pig with piglets, 700 deniers are awarded, which is 17 1/2 sols.

4. If someone steals a one-year-old pig and is caught, he is awarded 120 den, which is 3 sols, not counting the value of the stolen and compensation for damages.

5. If someone steals a two-year-old pig, 600 den. is awarded, which is 15 sol., not counting the value of the stolen and compensation for damages.

6. The same fine must be paid for the theft of two pigs under appropriate conditions.

7. If someone steals three or more pigs, 1,400 deniers are awarded, which is 35 soles, not counting the value of the stolen and compensation for damages.

8. If someone steals a piglet from the herd, 600 deniers are awarded, which is 15 Sol.

9. If someone steals a castrated piglet under the age of 1 year, 120 den. is awarded, which is 3 sols.

10. If someone steals a piglet older than 1 year old, he is awarded 600 deniers, which is 15 sols, not counting the value of the stolen and compensation for damages.

11. If someone steals a boar or a pig leading a herd, 700 deniers are awarded, which is 17 1/2 soles, not counting the value of the stolen and compensation for damages.

12. If anyone steals a dedicated boar, and that it was an initiate can be proven by witnesses, 700 denier is awarded, which is 17 1/2 Sol., not counting the value of the stolen and compensation for damages.

13. If the boar was not initiated, 15 Sol.

Approx. 4th. If someone steals 15 pigs from the herd, 35 Sol.

14. If someone steals 25 pigs, and nothing else remains in the herd, and is caught, he is awarded for stealing the whole herd to pay 2500 den., Which is 62 Sol.

15. If unstolen pigs remain in the herd, 1,400 den.

16. If 50 pigs are stolen, and if there are still some left, 2,500 den.

III. On the theft of horned animals

1. If someone steals a milk calf and is caught, he is awarded 120 denier, which is 3 sols.

2. If someone steals a one-year-old or two-year-old animal, and is caught, he is awarded 600 deniers, which is 15 sols.

3. If someone steals an ox or a cow with a calf, 1400 den. is awarded for payment, which is 35 Sol.

Approx. 1st. If someone steals a cow without a calf, he is sentenced to pay 30 Sol., not counting the value of the stolen and compensation for damages.

Approx. 2nd. If someone steals a domestic cow, he is sentenced to pay 35 Sol., not counting the value of the stolen and compensation for damages.

4. If someone steals a bull that leads a herd and has never been under a yoke, 1800 den. is awarded, which is 45 Sol.

5. If this bull served the cows of three villas, the thief pays three times 45 sols.

Approx. 4th. If someone steals the royal bull, 3,600 deniers are awarded, which is 90 sols, not counting the value of the stolen and compensation for damages.

6. If someone steals 12 animals, and not a single one remains (in the herd), he is awarded for the theft of the entire herd to pay 2500 den., Which is 63 Sol., not counting the cost of the stolen and compensation for damages.

Approx. 5th. If, besides these 12 animals, some remain, 35 Sol. is awarded, not counting the value of the stolen and compensation for damages.

7. If someone steals up to 25 animals, and if there are still some left, 2500 den. is awarded, which is 63 Sol., not counting the value of the stolen and compensation for damages.

IV. About stealing sheep

1. If someone steals a milk lamb and is caught, he is awarded 7 deniers, which is half a third of the solidus.

2. If someone steals a one-year-old or two-year-old ram, he is awarded 120 den, which is 3 sols, not counting the cost of the stolen and compensation for damages.

3. If someone steals 3 rams, 1400 dens are awarded for payment, which is 35 sols. The same fine should be applied in case of theft and more, up to 40 rams.

4. If someone steals 40 or more rams, he is awarded for the theft of the entire herd to pay 2500 den, which is 63 sols, not counting the value of the stolen and compensation for damages.

V. About stealing goats

1. If someone steals 3 goats and is caught, he is awarded 120 den, which is 3 sols, not counting the cost of the stolen and compensation for damages.

2. If someone steals more than 3, he is awarded 600 den., which is 15 soles, not counting the value of the stolen and compensation for damages.

Approx. 1st. If someone steals a goat, 15 Sol. is awarded, not counting the value of the stolen and compensation for damages.

VI. About dog theft

1. If someone leads away or kills a hunting dog, 600 denier is awarded, which is 15 Sol.

Approx. 1st. If someone steals a hound (greyhound?) dog, he is awarded 600 den, which is 15 sols, not counting the cost of the stolen and compensation for damages.

Approx. 2nd. Whoever kills after sunset a dog familiar with the chain is subject to the above penalty.

2. If someone steals or kills a shepherd's dog, 120 den. is awarded, which is 3 sol., not counting the value of the stolen and compensation for damages.

LEX SALICA

The most important source of our knowledge about the social and state system of the Franks during the Merovingian period, and partly the Carolingian period, is the Salic Truth (Lex Salica), compiled at the turn of the 5th-6th centuries. during the reign of Clovis (481-511). It is a record of the judicial customs of the Salic Franks. Other German tribes (Burgundians, Allemans, Ripuarian Franks, Visigoths, Bavarians, Thuringians, Saxons) also had such collections of judicial customs. All these "barbaric truths" (Leges barbarorum) are composed according to a casuistic pattern, without any strict system. The Salic Pravda, as well as similar monuments, lists individual offenses and the fines that were due for them. The Salic Truth is one of the most ancient truths.

There are several editions of the Salic Truth text. The original text of this monument has not been preserved. The versions that have come down to us are compilations and are abbreviated or expanded (by "adding") processing of the disappeared ancient text.

The text of the translation of the Salic Pravda given below is given with slight abbreviations according to the edition: Salicheskaya Pravda, translated by N. P. Gratsiansky, edited by V. F. Semenov, M., 1950. Brief footnotes to the Russian translation are borrowed from the same edition.

SALIC TRUTH

I. SUMMON

§ one. If anyone is called to court (ad mallum) ( Mallus - the local people's judicial assembly among the Franks) no to the laws of the king, and does not appear, is awarded for payment of 600 den., which is 15 sol. ( Solid - a gold coin; denarius - a silver coin equal to 1/40 solid).

§ 2. But if someone, having called another to judgment, does not himself appear, and if he is not detained by any legal obstacle, he is awarded the payment of 15 Sol., in favor of the one whom he calls to judgment.

§ 3. And the one who calls another to court, accompanied by witnesses, must come to his house, and if the latter is absent, he must call his wife or someone from his household so that they inform him of the summons to court.

§ four. If (the defendant) is busy with the performance of royal service, he cannot be summoned to court.

§ 5. If he is outside the parish ( Pag (pagus) is a small judicial-administrative district. The term was also used to refer to a larger unit - a district ruled by a count) on his personal business, he may be summoned to court, as mentioned above.

II. ABOUT PIG THEFT

§ one. If someone steals a suckling pig and is caught, he is awarded 120 deniers, which is 3 sols.

§ four. If someone steals a one-year-old pig and is caught, he is awarded 120 den, which is 3 sols, not counting the value of the stolen and compensation for damages.

§ 5. If someone steals a two-year-old pig, 600 deniers are awarded, which is 15 sols, not counting the value of the stolen and compensation for damages.

§ 7. If someone steals three or more pigs, he is awarded 1,400 den., which is 35 soles, not counting the value of the stolen and compensation for damages.

§ eleven. If someone steals a boar or a pig leading a herd, 700 deniers are awarded, which is 17

1/2 sol., not counting the value of the stolen goods and compensation for damages.

§ fourteen. If someone steals 25 pigs, and nothing else remains in the herd, and is caught, he is awarded for stealing the entire herd to pay 2,500 den., Which is 62 Sol.

III. ABOUT THE THEFT OF HORNED ANIMALS

§ one. If someone steals a dairy calf and is caught, he is awarded 120 deniers, which is 3 sols.

§ 2. If someone steals a one-year-old or two-year-old animal and is caught, he is awarded 600 deniers, which is 15 sols.

§ 3. If someone steals an ox or a cow with a calf, 1,400 deniers are awarded, which is 35 Sol.

§ four. If someone steals a bull leading a herd and has never been under a yoke, he is awarded 1,800 deniers, which is 45 sols.

§ 6. If someone steals 12 animals and not a single one remains (in the herd), he is awarded for the theft of the entire herd to pay 2,500 den.

VI. ABOUT DOG THEFT

§ one. If someone leads away or kills a hunting dog, 600 denier is awarded, which is 15 Sol.

§ 2. If someone steals or kills a shepherd's dog, 120 den.

IX. ABOUT HARM CAUSED TO A FIELD OR TO ANY FENCED PLACE

§ one. If anyone finds horned animals in his field, or a horse, or some small livestock, he should not beat him to mutilation. If he does this and confesses, he is obliged to reimburse the cost, and take the mutilated cattle for himself. If he does not confess and is convicted, he is awarded 600 denier, which is 15 sols, not counting the cost and compensation for damages.

§ 2. If someone, having found someone else's cattle in his field without a shepherd, drives it and does not tell anyone about it at all, and if any cattle dies, he compensates the cost, as in the case of theft, and, in addition, is awarded 1,400 den. is 35 Sol.

§ four. If someone's pigs or someone's cattle run into someone else's field, and the owner of the animals, despite the denial, is caught, he is awarded 600 den., Which is 15 Sol.

X. OF THE THEFT OF SLAVES

§ one. If someone steals a slave, horse or draft animal, 1,200 denier is awarded, which is 30 Sol.

XI. ABOUT THEFT OR BREAKING BY FREE

§ one. If one of the freemen steals outside the house for 2 den., 600 den. is awarded, which is 15 Sol.

§ 3. If a free person, having arranged a burglary, steals for 2 den. and be convicted, is awarded the payment of 15 Sol.

§ 5. If, on the other hand, he breaks open the lock or picks up the key and, having thus entered the house, steals something from there, he is awarded 1,800 denier, which is 45 sols, not counting the value of the stolen and compensation for damages.

XII. OF THEFT OR BREAKS BY SLAVES

§ one. If a slave steals outside the house for 2 days, he returns the stolen and compensates for the damage, and, in addition, prostrate (on the bench) receives 120 lashes.

§ 2. If he steals 40 denier, he is either castrated or pays 6 sols. And the master of the slave who committed the theft compensates the plaintiff both for the cost of the stolen goods and for the losses.

XIII. ABOUT THE KIDNAPPING OF THE FREE

§ one. If three people kidnap a free girl, they must pay 30 Sol. each (

This refers to the kidnapping of a girl in order to marry her.).

§ 6. If the girl who is kidnapped ends up under the protection of the king, then for violation of fritus ( Fretus, fritus, fredus - refers to the violation of the royal peace. This term also refers to a fine or part of a fine due to the king.) is paid 2.500 den., which is 63 Sol.

§ 7. Royal slave or lit ( Lit - a semi-free man, whose position was approaching that of a future serf), who kidnapped a free woman, are guilty of death.

§ eight. If a free girl voluntarily follows a slave, she loses her freedom.

§ 9. A free man who takes someone else's slave suffers the same punishment.

XIV. ABOUT ATTACKS OR PILLAGE

§ one. If someone robs a free man by attacking him unexpectedly and is caught, he is awarded 2,500 denier, which is 63 Sol.

§ 2. If a Roman robs a Salic barbarian, the aforementioned law shall apply.

§ 3. If the franc robs a Roman, he is sentenced to a fine of 35 Sol.

§ 6. If someone attacks someone else's villa (

The term "villa" (villa) in the Salic Pravda is used in different places in an unequal sense. In this case, we are talking about a villa - a courtyard (maybe a farm). But in other places, the term "villa" clearly means a village), all convicted of this attack are awarded 63 Sol.

Approx. 1st. If someone attacks someone else's villa, breaks down doors there, kills dogs and injures people, or takes something out of there on a wagon, he is awarded 8,000 den., which is 200 sols.

Approx. 4th. If anyone robs a dead person before he is lowered into the ground and is caught, 4,000 denier, which is 100 sol.

XV. ABOUT MURDERS OR IF SOMEONE STOLES ANOTHER WIFE

§ 1. If someone takes the life of a free man or takes someone else's wife away from a living husband, he is awarded 8,000 den., Which is 200 Sol.

XVI. ABOUT ARKS

§ 2. If someone burns a house with outbuildings and is caught, he is awarded 2,500 den., which is 63 Sol.

§ 3. If someone burns a barn or barn with bread, he is awarded 2,500 den., which is 63 Sol.

XVII. ABOUT WOUNDS

§ one. If someone intends to take the life of another, but misses the blow and is convicted, he is awarded 2,500 den., Which is 63 Sol.

§ 2. If someone intends to hit another with a poisoned arrow, but misses and is caught, he is awarded 2,500 denier, which is 63 Sol.

§ 3. If someone hits another on the head so that the brain is revealed and 3 bones lying on top of the brain itself fall out, 1,200 deniers are awarded, which is 30 Sol.

§ four. If someone is wounded between the ribs or in the stomach, and it turns out that a wound appears and penetrates to the insides, 1,200 deniers are awarded, which is 30 sols, in addition to 5 sols. for treatment.

§ 6. If a freeman strikes a freeman with a stick, but in such a way that blood does not flow, then up to 3 blows for each blow are paid 120 den, which is 3 Sol.

§ eight. If someone hits another with a clenched fist, 360 den. is awarded, which is 9 sol., so that for each blow he pays 3 sol.

XVIII. ABOUT ONE WHO ACCUSES AN INNOCENT MAN BEFORE THE KING

§ one. If someone accuses an innocent person before the king in the absence of the latter, he is awarded 2,500 den., which is 63 Sol.

Approx. 1st. And if he raises such a guilt on him, for which, if the accusation is confirmed, the death penalty follows, the accuser is sentenced to pay 8,000 den., Which is 200 sols.

XIX. ABOUT DAMAGE

§ one. If someone gives another to drink a decoction of herbs in order to kill him, he is awarded 200 sols.

Approx. 2nd. If any woman corrupts another so that she cannot have children, 62

1/2 Sol.

XX. ABOUT ONE WHO GRABS A FREE WOMAN BY THE ARM, BRUSH OR FINGER

§ one. If any free man seizes a free woman by the hand, by the hand or by the finger and is convicted, he is awarded 15 sols.

§ 3. And if he grabs his hand above the elbow, he is awarded 1,400 den, which is 35 Sol.

XXIV. ABOUT MURDERING BOYS

§ one. If someone takes the life of a boy up to 10 years old inclusive and is convicted, he is awarded 24,000 den., which is 600 sols.

§ 2. If someone takes the life of a long-haired boy, 600 sols are awarded.

§ four. If someone takes the life of a child in the womb before he receives a name, and this is proved, he is awarded 4,000 den., which is 100 Sol.

Approx. 2nd. If someone dares to cut a free long-haired boy without the consent of his parents and is caught, he is awarded 1,800 den., which is 45 Sol.

§ 6. Whoever takes the life of a free woman after she has begun to have children, is awarded 24,000 denier, which is 600 sol.

§ 7. But if someone takes away the life (of a free woman) after she can no longer have children, 8,000 deniers are awarded, which is 200 Sol.

XXVI. ABOUT THE FREEDENERS

§ one. If any free person, in the presence of the king, through a denarius, releases someone else's litas without the consent of the latter's master and is convicted, he is awarded 4,000 deniers, which is 100 sols. The things of the litas must be returned to their rightful master.

§ 2. If someone, in the presence of the king, releases another's slave through a denarius and is convicted, he is awarded the cost of the slave to the master and, in addition, 35 Sol.

XXVII. ABOUT VARIOUS THEFTS

§ one. If someone steals a bell from the leader of someone else's pig herd and is caught, he is awarded 600 den, which is 15 sols, not counting the cost of the stolen and compensation for damages.

§ 6. If someone breaks into someone else's garden for the purpose of stealing, he is awarded 600 den.

§ ten. If someone mows someone else's meadow, he loses his work.

§ eleven. And if, in addition, he takes the hay to his house and stores it there, he is awarded 1,800 denier, which is 45 sols, not counting the value of the stolen and compensation for damages.

§ 12. If he steals only as much as he can carry on his back, 3 sols are awarded for payment.

§ eighteen. If someone steals someone else's firewood from someone else's forest, he is awarded for payment 3 Sol.

Section 24. If someone plows someone else's field without the permission of the owner, he is awarded 15 sols.

Section 25. If someone sows it, he is awarded 1,800 den., which is 45 Sol.

XXVIII. ABOUT INSTITATION

§ one. If someone bribes another to commit theft and is caught, he is awarded 2,500 denier, which is 63 Sol.

XXIX. ABOUT INJURY

§ one. If someone mutilates the arm or leg of another, deprives him of his eye or nose, he is awarded 4,000 denier, which is 100 Sol.

§ 2. If he has this mutilated hand hanging, he is awarded 2,500 den., Which is 63 Sol.

Approx. 4th. If someone plucks out another's eye, he is awarded 62

1/2 Sol.

Approx. 5th. If the nose is torn off, 1,800 denier is awarded, which is 45 soles.

Approx. 6th. If he tears off his ear, he is awarded 45 sols.

§ 3. If someone tears off the thumb on the hand or on the foot, 2,000 denier is awarded, which is 50 Sol.

§ four. If this mutilated finger hangs in the same place, 1,200 denier is awarded, which is 30 Sol.

§ 5. If someone tears off the second finger, the one with which the bow is pulled, is awarded 1,400 den., Which is 35 Sol.

Approx. 10th. If someone damages another's tongue so that he will not be able to speak, he is awarded 100 sols.

§ 9. If someone castrates a free man, he is awarded 8,000 deniers, which is 200 sols.

XXX. ABOUT INSULTING WITH WORDS

§ one. If someone calls another a freak, he is awarded 3 sols.

§ 3. If anyone - man or woman - calls a free woman a harlot and does not prove it, he is awarded 1,800 den., Which is 45 Sol.

§ 5. If someone calls another a hare, he is awarded 3 sols.

§ 6. If someone accuses another of having thrown (in battle) his shield, and cannot prove it, 120 deniers are awarded, which is 3 Sol.

§ 7. If someone calls another a scammer or a liar and cannot prove it, he is awarded 600 denier, which is 15 Sol.

XXXII. ABOUT BINDING FREE

§ one. If someone binds a free person without guilt, 1,200 deniers are awarded, which is 30 sols.

XXXIV. ABOUT HEDGE THEFT

§ one. If someone cuts off 2 or 3 rods with which the fence is tied and restrained at the top, or breaks or tears out 3 stake, is awarded for payment of 600 den., which is 15 sol.

XXXV. ON MURDERING OR ROBBYING SLAVE

§ one. If any slave takes the life of a slave, let the masters divide the murderer among themselves.

§ 6. If someone steals or takes the life of a household servant, or a blacksmith, or a goldsmith, or a swineherd, or a vinedresser, or a groom, and is caught, he is awarded 1,200 den., Which is 30 Sol.

XXXVI. ABOUT FOUR-LEGS, IF A HUMAN IS KILLED

§ one. If anyone is killed by any domestic four-legged animal and this is proven by witnesses, the owner of the animal must pay half the vira. The animal itself goes to the plaintiff in compensation for the second half of the vira.

XXXVII. ABOUT HASED

§ one. If someone loses an ox or a horse or any animal due to theft and, following the tracks, finds it within 3 days, and the one who leads it (the animal) declares that he bought or received it in exchange, walking on the trail must prove through third parties that (these) things (

Res - in this case in the sense of ownership. From the context it is clear that we are talking about stolen animals, and not about things in the usual sense of the word.) is his property. If the person looking for his things finds them already after 3 days, and the one from whom he finds them declares that he bought or received them in exchange, let him (the defendant) himself prove (to them) his right. If (a person) looking for cattle declares that he recognized him (his) and, despite the protest of that other, does not want to provide evidence through third parties, nor appoint a day for trial in accordance with the law and will be convicted of forcibly taking (an animal) , is awarded for payment of 1.200 den., which is 30 Sol.

XXXVIII. ABOUT HORSETEALING

§ one. If someone steals a draft horse and is caught, 1,800 den.

§ 2. If someone steals a stallion and is caught, he is awarded 1,800 denier, which is 45 Sol.

XXXIX. ABOUT SLAVE KIDNAPPERS

§ one. If someone decides to lure foreign slaves and is caught, he is awarded 600 den, which is 15 Sol.

§ 2. If someone kidnaps a free man and (against him) there is no true evidence, he must present the accomplices as if in murder; if he fails to find a juror, he is awarded 8,000 den., which is 200 Sol.

XL. IF A SLAVE IS ACCUSED OF STEALING

§ one. If an offense is committed for which a free man must pay a fine of 600 denier, or 15 sols, let the slave be laid out on a bench and receive 120 lashes.

§ 2. But if the slave, before being subjected to torture, confesses to an offense, the master of the slave, if he pleases, let him give 120 den., which is 3 Sol.

§ four. If the slave does not confess, and the torturer wishes to torture him further, even against the will of the master, then he must give the latter a pledge for the slave. If the slave after that is subjected to great torture and confesses, then one cannot give faith to his testimony against the master; and let the torturer keep the slave to himself; the master of the slave, having received a pledge for him, let him withhold the price of his slave from the pledge. If (a slave) confesses during the previous torture, that is, before receiving 120 strokes, he must be castrated or pay 6 Sol. And let the master of the servant compensate the plaintiff for the value of what was stolen.

§ 5. If the slave is guilty of a more serious crime, just such, for which a free man can be sentenced to the payment of 45 Sol., and if the slave himself confesses under torture, he is sentenced to death.

§ 6. If a slave is convicted of any crime, the plaintiff must exhort his master, if the latter is present, to hand over the slave for just torture; at the same time, the plaintiff must have rods ready, each of which should be equal in thickness to at least the little finger, and a bench on which the slave is to be laid out (for torture).

§ eleven. If, however, a slave is accused of such a crime for which the slave should be castrated, she is subject to a fine of 240 denier, which is 6 sols, if she pleases the master for her; otherwise, she must receive 144 lashes.

XL1. ABOUT THE MURDER OF HUMANITIES

§ one. If someone takes the life of a free franc or a barbarian living according to the Salic law, and there are streets, he is awarded 8,000 den., Which is 200 Sol.

§ 3. If someone takes the life of a person in the royal service, or a free woman, he is awarded 24,000 denier, which is 600 sols.

§ 5. If someone takes the life of a Roman - a royal companion and is convicted, he is awarded 12,000 den., Which is 300 sols.

XLII. ABOUT THE MURDER OF HUMANITIES

§ one. If someone, having gathered a crowd, attacks a free person in his house and takes his life there, and if the murdered was in the royal service, (the murderer) is awarded 72,000 den., which is 1,800 sols.

XLIII. ABOUT THE MURDER OF HUMANITIES

§ one. If someone, being in an assembly of 5 people, is deprived of his life by one of them, the rest must either betray the guilty person, or all must answer for the death of the murdered; the same law is observed in the case when there are 7 people in the assembly.

XL1V. About REIPUS"E

§ one. According to custom, it follows that (if) a person, dying, leaves a widow, and someone wishes to take her, then before he marries her, a tungin or centenary (

Tungin or centenary - centurion, head of a small administrative unit - "hundreds" (or "gau"), during the first Merovingians, still chosen by the population. In the future - appointed by the king or count) must appoint a court session, and at this session he must have a shield with him, and three people must file three claims. And then the one who wants to take a widow must have 3 equilibrium solids and 1 denarius. And there must be three who will weigh his solids; and if after that they agree, he can take (the widow in marriage).

XLV. ABOUT SETTLEMENTS

§ one. If someone wants to move to a villa with another, and if one or more of the inhabitants of the villa want to accept him, but there is at least one who opposes the resettlement, he will not have the right to settle there.

XLVI. ABOUT THE TRANSFER OF PROPERTY

§ one. (At the same time), the following must be observed: let the tungin or centenary appoint a judicial meeting, and at this meeting they must have (with them) a shield, and three people must file three claims. Then let them find a person who is not related to him (the testator) and to whom he (the testator) let him throw a stalk in the floor. And to the one in whose floor he throws the stem, let him declare his property, namely, how much he wants to transfer, whether everything and to whom. And the one in whose floor he throws the stem must remain in his house. And he must invite three or more guests and keep that part of the property that is entrusted to him. And after that, the one to whom it is entrusted must act with the assembled witnesses. Then, in the presence of the king or in a judicial assembly, let him take a stalk and throw it on the floor of those who were appointed heirs 12 months ago, and let him give property to those to whom it was bequeathed, in an amount no more or less than what was entrusted to him. If anyone wishes to object to this, three witnesses must take an oath that they were present at the meeting, which was appointed by the tungin or centenary, and saw how the one who wished to transfer his property threw a stalk on the floor to the one he chose; they must also name separately the name of the one who threw his property into the floor of another, the name of the one whom he declared heir. And the other three witnesses must testify under oath that the one in whose floor the stalk was thrown was in the house of the one who transferred his property, that he invited three or more guests who ate porridge at the table in the presence of witnesses and that these guests thanked him for the reception. All this must be confirmed under an oath by other witnesses, as well as the fact that the one who received the property in the floor threw a stem in the floor in the presence of the king or in a legal public meeting of those who were declared heirs of the mentioned property publicly in the face of the people (namely) in the presence of the king or at a public meeting, that is, at mal-lobergus "e before the people or the Tungin; all this must be confirmed by 9 witnesses.

XLVII. ABOUT WANTED

§ one. If someone recognizes his slave, or a horse, or a bull, or any other thing, let him transfer it to third parties, and the one who recognized (these things) must prove (to them) his right. And if both live on this side of the River Loire (Ligeris) or Coalwood, let the plaintiff and the defendant within 40 days set a time limit for the trial; and during this time, all those who have sold a horse, or exchanged, or, perhaps, given in payment, must enter into intercourse with each other, namely, each must call the person with whom he made a deal. And if the one called to the court, having no legal obstacles to do so, does not appear, let him who has made a deal with them send three witnesses to invite him to appear at the court; likewise, he must have three other witnesses (who would show) that he made a deal with him in public. If he does this, he will exonerate himself from the accusation of theft. And the one who did not appear, on whom the witnesses pointed out under an oath, will be recognized as a thief in relation to the plaintiff and must reimburse the cost of the stolen thing to the one with whom he had a deal; this one, according to the law, will pay to the one who recognized his things. All this should take place at the court session, in the presence of the defendant, who has the thing for the first time, which is then transferred to third parties. If, however, those who have the thing recognized live on the other side of the Loire or the Coal Forest, this law must be fulfilled within 80 days.

XLVIII. ABOUT PERJURY

§ one. If anyone gives a false testimony, he is awarded 600 denier, which is 15 Sol.

XLIX. ABOUT WITNESSES

§ one. If someone is forced to present witnesses and they may not want to appear at the court session, those who need them must satisfy them and must invite them to the court session in front of the witnesses so that they testify under oath. what they know.

§ 2. If they do not want to come and if they are not detained by a lawful obstacle, each of them is awarded 600 deniers, which is 15 Sol.

§ 3. If, however, those called to testify, having appeared (at the court session), do not want to show under an oath what they know, they will be put outside the law, and (in addition) each of them is awarded 600 den., which is 15 Sol.

III. ABOUT BUYING THE HANDS FROM THE BOWLER

§ one. If someone is called to trial by means of a kettle of boiling water, then the parties may come to an agreement that the person sentenced redeems his hand and undertakes to present the jurors. If the misdemeanor turns out to be such for which, in the case of evidence, the guilty person is required by law to pay 600 den., which is 15 sol., he can redeem his hand for 120 den., which is 3 Sol.

§ 3. But if the offense be of such a nature for which, in case of evidence, the guilty person could be sentenced to pay 35 sols., and if the parties agree that he redeem his hand, let him redeem it for 240 deniers, which is 6 sols.

LIV. ABOUT THE MURDER OF THE COUNT

§ one. If someone takes the life of a count, he is awarded 24,000 denier, which is 600 sols.

Lv. ABOUT ROBBERY OF BODIES

§ one. If someone robs the body of a murdered person by thieves before it is interred, 2,500 deniers are awarded, which is 63 Sol.

LVI. ABOUT COURT

§ one. If someone neglects to appear in court or delays the execution of what is determined for him by the Rachinburgs, and does not wish to enter into a deal either by composition, or by purification with water, or in any other legal way, then the plaintiff must bring him to court before the king himself. . And there will be 12 witnesses, of which let the first three swear that they were where Rakhinburg ordered him to go to the water test or gave an obligation to pay the composition, and that he neglected (the resolution of the Rakhinburgs). And then the other three must swear that after the resolution of the Rachinburgs that he was cleansed either by testing with water or by paying the composition, they were present at the second proposal for him to appear in court within 40 days, counting from that day, and he in no way wished to meet the requirements of the law. Then the plaintiff must call him before the king, namely, within 14 days, and three witnesses must swear that they were there at the time when he called him to court and appointed him a certain period. If even then he does not appear, let these 9 witnesses under oath, as we said above, give their evidence. Likewise, if he does not appear on that day, let (the plaintiff) fix him a fixed term, having three witnesses at the appointment of the term. If the plaintiff did all this, and the defendant did not wish to appear at any of the appointed dates, then let the king, to whom he is called for judgment, declare him out of his protection. Then the guilty person and all his property becomes the property of the plaintiff. And if, until he has paid all that is exacted from him, someone gives him bread or hospitality, even his own wife, 600 deniers, which is 15 Sol.

LVII. ABOUT RAKHINBURG

§ one. If any of the Rakhinburgs, sitting in a judicial assembly and arbitrating a lawsuit between two persons, refuse to pronounce the law, it follows that the plaintiff declares to them: "here I urge you to decide according to the Salic law." If they (again) refuse to say the law, seven of these rachinburgs before sunset, the suns are awarded 120 den., which is 3 Sol.

§ 3. But if the Rakhinburgs do not judge according to the law, let the one against whom they decide, let him bring an action against them, and if he is able to prove that they judged not according to the law, each of them is awarded 600 den., Which is Sol 15

LVII. ABOUT A HANDLE OF EARTH

§ one. If someone takes the life of a person and, having given all his property, is not able to pay what is due according to the law, he must present 12 jurors (who will swear that) that neither on earth nor under the earth he has more property than what he has already given . And then: he must enter his house, collect a handful of the four corners of the earth, stand on the threshold, turning his face into the house, and throw this earth over his shoulders with his left hand on the one whom he considers his closest relative. If the father and brothers have already paid, then he must throw the same land on his own, that is, on the three closest relatives by mother or father. Then in one shirt, without a belt, without shoes, with a stake in with his hand, he must jump over the wattle fence, and these three (maternal relatives) must pay half of what is not enough to pay the vira followed by law. The same should be done by the other three, who are relatives on the father's side. If any of them is too poor to pay the share that falls on him, he must in turn throw a handful of land on one of the more prosperous, so that he pays everything according to the law. If, however, this one does not have anything to pay for everything, then the murderer who has bailed must present him to the court session, and so then, for four sessions, must take him on bail. If no one guarantees the payment of the vira, i.e., the compensation for what he did not pay, then he must pay the vira with his life.

LIX. ABOUT ALLODES

§ one. If a man dies and leaves no sons, and if his mother survives him, let her inherit.

§ 2. If there is no mother, and if he leaves a brother or sister, let them inherit.

§ 3. In the event that they do not exist, let the mother's sister enter into the inheritance.

Approx. 1st. If there is no mother's sister, let the father's sisters inherit.

§ four. And if then someone of these generations turns out to be closer, let him take possession of the inheritance.

§ 5. In no case should the land inheritance go to a woman, but let all the land go to the male sex, i.e. brothers ( This article was later interpreted in France as applied to the royal succession. Based on her royal throne could not pass through the female line).

LX. ABOUT THE WANTING TO REJECT RELATIONSHIPS

§ one. He must appear at the court session in front of the tungin and there break three branches over his head with a measure of a cubit. And he must scatter them in 4 directions in the court session and say there that he renounces the affiliation, from the inheritance and from any accounts with them. And if later one of his relatives is either killed or dies, he absolutely should not participate in the inheritance, or in the payment of vira, and his own inheritance should go to the treasury.

LXII. ABOUT VIR FOR KILL

§ one. If someone's father is deprived of his life, let his sons take half of the vira, and let the next of kin from both the father's side and the mother's side divide the other half among themselves.

§ 2. If there is no relative on either side, neither on the side of the father, nor on the side of the mother, let this part be taken away in favor of the treasury.

(translated by N. P. Gratsiansky)
The text is reproduced according to the publication: Reader of memory of the feudal state and the law of the countries of Europe. M. Gos. ed. legal lit. 1961.

I. Summons

§ 1. If someone is called to court according to the laws of the king and does not appear, he is awarded 600 denarii, which is 15 solidi 28 .

§ 2. But if someone, having summoned another to judgment, does not himself appear, and if he is detained by any legal obstacle, he is awarded 15 solidi in favor of the one whom he calls to judgment.

§ 4. If [the defendant] is engaged in the performance of royal service, he cannot be summoned to court.

II. About stealing pigs

§ 1. If someone steals a suckling pig and is caught, he is awarded for payment ... 3 sol.

§ 5. If someone steals a two-year-old pig, he is awarded ... 15 Sol., not counting the value of the stolen and compensation for damages.

§ 11. If someone steals a boar or a pig leading a herd, he is awarded ... 17.5 Sol., not counting the value of the stolen and compensation for damages.

Approx. 4th. If someone steals 15 pigs from the herd, 35 Sol.

§ 14. If someone steals 25 pigs, and nothing else remains in the herd, and is caught, he is awarded for the theft of the entire herd to be paid ... 62 Sol.

§ 16. If 50 pigs are stolen, and if there are still some left, it is awarded ... 63 Sol., not counting the value of the stolen and compensation for damages.

III. On the theft of horned animals

§ 1. If someone steals a dairy calf and is caught, he is awarded for payment ... 3 sol.

§ 3. If someone steals an ox or a cow with a calf, he is awarded for payment ... 35 Sol.

§ 4. If anyone steals a bull that leads the herd and has never been under a yoke, he is awarded for payment ... 45 Sol.

§ 5. If this bull served the cows of three villas, the thief pays three times 45 sols.

§ 6. If someone steals 12 animals and not a single one remains [in the herd], he is awarded for the theft of the entire herd to pay ... 63 Sol., not counting the cost of the stolen and compensation for damages.

§ 7. If someone steals up to 25 animals, and if some remain, it is awarded for payment ... 63 Sol., not counting the value of the stolen and compensation for damages.

IV. About stealing sheep

§ 4. If someone steals 40 or more rams, he is awarded for the theft of the entire herd to be paid ... 63 Sol., not counting the value of the stolen and compensation for damages.

V. About stealing goats

§ 1. If someone steals 3 goats and is caught, he is awarded for payment ... 3 Sol., not counting the value of the stolen and compensation for damages.

§ 2. If anyone steals more than three, he is sentenced to pay ... 15 Sol., not counting the value of the stolen and compensation for damages.

VI. About dog theft

§ 1. If someone takes away or kills a hunting dog, he is awarded for payment ... 15 Sol.

§ 2. If anyone steals or kills a shepherd's dog, he is awarded payment ... 3 Sol., not counting the value of the stolen and compensation for damages.

VII. About stealing birds

Approx. 1st. If anyone steals a sparrow hawk, he shall be paid ... 3 Sol., not counting the value of the stolen and compensation for damages.

Approx. 3rd. If someone steals a chicken, he is awarded to pay ... 3 Sol., not counting the value of the stolen and compensation for damages.

Approx. 4th. If someone steals a crane or a domestic swan, he is awarded for payment ... 3 sol.

§ 4. If someone steals a goose and is caught, he is awarded for payment ... 3 sol.

Approx. 5th. If someone steals a dove from someone else's network, he is awarded 3 sols.

VIII. About stealing bees

§ 4. If someone steals 7 hives or more and something remains at the place of the theft, he is awarded for payment ... 45 Sol., not counting the value of the stolen and compensation for damages.

IX. Of damage done to a field or any fenced-in place

§ 1. If anyone finds horned animals in his field, or a horse, or any small livestock, he should not be beaten to mutilation. If he does this and confesses, he is obliged to reimburse the cost, and take the mutilated cattle for himself. If he does not confess and is convicted, he is awarded for payment ... Sol. 15, not counting the cost and compensation for damages.

§ 2. If someone, having found someone else's cattle in his field without a shepherd, drives it and does not report it to anyone at all, and if any cattle dies, he compensates, as in the case of theft, the cost and, moreover, is awarded for payment .. Sol 35

§ 4. If someone's pigs or someone's cattle run into someone else's field, and the owner of the animals, despite the denial, is caught, is awarded for payment ... 15 Sol.

§ 5. If anyone decides to drive the livestock that caused damage out of the fenced area, or take it away when it is already being driven home, it is awarded to payment ... 30 Sol.

Approx. 2nd. If someone, out of enmity or treachery, opens someone else's fence and lets cattle into a field, or a meadow, or a vineyard, or some other cultivated place, then the one to whom the labor belongs, if the latter presents evidence with witnesses, he must compensate for the damage and, in addition, is awarded for payment ... 30 Sol.

X. Of the theft of slaves

§ 1. If someone steals a slave, a horse or a draft animal, he is awarded for payment ... 30 Sol.

§ 2. If a slave or a slave steals any of the things of his master in community with a free man, then the thief 29, in addition to returning the stolen things, is awarded for payment ... 15 Sol.

Approx. 1st. If someone takes the life, sells or sets free another's slave, he is awarded for payment ... 35 Sol.

Approx. 2nd. If someone steals someone else's slave, he is awarded for payment ... 30 Sol.

XIII. About the kidnapping of the free

§ 1. If three people kidnap a free girl, they are required to pay 30 Sol. each.

§ 2. Those who are more than three are obliged to pay 5 Sol. each.

§ 7. A royal slave or lit, who kidnapped a free woman, is guilty of death.

§ 8. If a free girl voluntarily follows a slave, she loses her freedom.

§ 9. A free man who takes someone else's slave suffers the same punishment.

Approx. 1st. If someone takes someone else's litka as a wife, he is awarded for payment ... 30 Sol.

XIV. About attacks and robberies

§ 1. If someone robs a free man, attacking him unexpectedly, and is caught, he is awarded for payment ... 63 Sol.

§ 2. If a Roman robs a Salian barbarian, the aforementioned law shall apply.

§ 3. If the Frank robs a Roman, he is sentenced to a fine of 35 Sol.

§ 4. If anyone, desiring to migrate, receives a charter from the king, and if he deploys it in a public meeting and anyone dares to oppose the order of the king, he is guilty of paying ... 200 Sol.

§ 6. If someone attacks someone else's villa, all those caught in this attack are awarded 63 sols.

Approx. 1st. If someone attacks someone else's villa, breaks down doors there, kills dogs and injures people, or takes something out of there on a wagon, he is awarded for payment ... 200 sols.

Approx. 2nd. And everything that he takes from there must be reimbursed. All who are found to have taken part in this spree or attack are to be paid 63 sols.

XVI. About arson

§ 2. If someone burns a house with annexes and is caught, he is awarded for payment ... 63 Sol.

§ 3. If someone burns a barn or barn with bread, he is awarded for payment ... 63 Sol.

§ 4. If anyone burns a barn with pigs or stalls with animals and is caught, he is awarded for payment ... 63 Sol., not counting the payment of the cost and compensation for damages.

§ 5. If someone burns someone else's fence or hedge, he is awarded for payment ... 15 sol.

XIX. About spoilage

Approx. 1st. If someone sends damage to another, he is awarded for payment ... 62.5 sol.

Approx. 2nd. If any woman spoils another so that she cannot have children, 62.5 sols is awarded.

XX. About the one who grabs a free woman by the hand, by the brush or by the finger

§ 1. If any free man seizes a free woman by the hand, by the hand, or by the finger, and is caught, 15 Sol.

§ 2. If he squeezes the brush, he is awarded 30 Sol.

§ 3. And if he grabs his hand above the elbow, he is awarded for payment ... 35 Sol.

XXII. About the thefts at the mill

§ 1. If any free man steals someone else's bread at the mill and is caught, he pays the miller ... 15 Sol. The owner of the bread is paid another 15 sols.

Approx. 1st. If he steals iron parts there, he is awarded 45 sols.

Approx. 2nd. If someone breaks the mill dam, he is awarded 15 sols.

XXVI. About Freedmen

§ 1. If any free person, in the presence of the king, through a denarius, releases someone else's litas, without the consent of the latter's master, and is convicted, he is awarded for payment ... 100 sol. The things of the litas must be returned to their rightful master.

§ 2. If someone in the presence of the king, through a denarius, releases another's slave and is convicted, he is awarded the cost of the slave to the master, and in addition - 35 Sol.

XXVII. About various thefts

§ 1. If someone steals a bell from the leader of someone else's swine herd and is caught, he is awarded for payment ... Sol. 15, not counting the cost of the stolen and compensation for damages.

Approx. 1st. If someone steals a bell from a horse, he is awarded for payment ... 15 sol.

§ 5. If someone thieves let his cattle [for the purpose of grassing] into someone else's field and is caught [at the scene of a crime], he is awarded for payment ... 15 Sol.

Approx. 2nd. If someone thieves collect someone else's harvest and is caught [at the scene of the crime], he is awarded for payment ... 15 Sol.

§ 6. If someone breaks into someone else's garden with the intent of stealing, he is awarded to pay ... 15 Sol., not counting the value of the stolen and compensation for damages.

Approx. 3rd. If someone steals a stalk [graft] from an apple tree or a pear, he is awarded 3 sols.

Approx. 5th. If someone uproots an apple tree or a pear, he is awarded for payment ... 3 sol.

Approx. 6th. If they were in the garden, 15 Sol.

§ 7. If anyone penetrates with the intent to steal in a field planted with turnips, beans, peas or lentils, he is awarded for payment ... 3 sol.

§ 8. If someone steals flax from someone else's field and takes it away on a horse or cart, he is awarded for payment ... Sol. 15, not counting the value of the stolen and compensation for damages.

§ 9. But if he takes as much as he can carry on his back, he is awarded for payment ... 3 Thess.

§ 10. If someone mows someone else's meadow, he loses his work.

§ 11. And if, in addition, he takes the hay to his house and stacks it there, he is awarded for payment ... 45 Sol., not counting the value of the stolen and compensation for damages.

§ 12. If he steals only as much as he can carry on his back, 3 Sol.

§ 13. If someone climbs into someone else's vineyard to steal grapes and is caught, he is awarded 15 sols.

§ 14. If, moreover, he takes the grapes to his house and stacks them there, he is awarded for payment ... 45 Thess.

§ 16. If someone cuts down, spoils or sets fire to someone else's material in the forest, he is awarded for payment ... 15 sol.

§ 18. If someone steals someone else's firewood from the forest, 3 sols.

§ 19. If anyone dares to take a tree marked more than a year ago, there is no fault in this.

§ 20. If someone steals an eel net from a river, he is awarded for payment ... 45 Sol.

§ 21. If someone steals a net, a three-loop or bag-like net, he is awarded for payment ... 15 sol.

§ 24. If someone plows someone else's field, without the permission of the owner, is awarded for payment ... 15 Sol.

§ 25. If anyone sows it, he is awarded for payment ... 45 sol.

Approx. 9th. If someone interferes with the passage of a plow into someone else's field, or expels a plowman, or obstructs him, he is awarded for payment ... 15 Sol.

XXIX. About injury

Approx. 4th. If someone plucks out another's eye, he is awarded 62.5 sols.

Approx. 5th. If he tears off his nose, he is awarded 45 sols.

Approx. 6th. If he tears off his ear, he is awarded 15 sols.

XXX. About insulting words

§ 1. If someone calls another a freak, he is awarded 3 sols.

§ 2. If anyone calls another dirty, he is awarded for payment ... 3 Thess.

§ 4. If someone calls another a wolf, 3 Sol.

§ 5. If someone calls another a hare, 3 Sol.

§ 7. If someone calls another a scammer or a liar and cannot prove it, he is awarded for payment ... 15 Sol.

XXXIII. About game theft

§ 2. If someone steals or kills a marked domestic deer, which is tamed for hunting, and it is proved by witnesses that the owner had it for hunting, or that with it he killed 2 or 3 animals, he is awarded for payment ... 45 Sol.

XXXIV. About stealing a fence

§ 1. If anyone cuts 2 or 3 rods with which the fence is tied and restrained at the top, or breaks or pulls out 3 stakes, he is awarded for payment ... 15 sol.

§ 2. If someone spends a harrow on someone else's, already ascended field, or passes with a cart not on the road, he is awarded for payment ... 3 Sol.

§ 3. If someone passes through someone else's field, which has already begun to be eared, not along the road or along the path, he is awarded for payment ... 15 Sol.

XXXV. Of murders or robberies of slaves

§ 1. If any slave takes the life of a slave, let the masters divide the murderer among themselves.

§ 2. If any free man robs another's slave and is found guilty of having taken from him more than 40 den.

§ 3. If, however, what was taken during the robbery cost less than 40 sol., it is awarded for payment ... 15 sol.

§ 4. If any free person robs someone else's litas and is caught, he is awarded for payment ... 35 Sol.

§ 5. If a foreign slave or litas takes the life of a free person, the murderer himself is given to the relatives of the murdered person as half of the vira, and the master of the slave pays the other half of the vira.

§ 6. If someone steals or takes the life of a household servant, or a blacksmith, or a goldsmith, or a swineherd, or a vinedresser, or a groom, and is caught, he is awarded for payment ... 30 Sol.

§ 7. As fretus and faidus paid ... sol. 45, not counting the value of the stolen and compensation for damages; only 75 Sol.

XXXVIII. About horse stealing

§ 1. If someone steals a harness horse and is caught, he is awarded ... 45 sols, not counting the value of the stolen and compensation for damages.

§ 3. If someone steals a stallion with his herd of 12 mares, he is awarded for payment ... 63 Sol., not counting the cost of the stolen and compensation for damages.

XXXIX. About the slave kidnappers

§ 1. If someone decides to lure foreign slaves and is caught, he is awarded for payment ... 15 Sol.

Approx. 1st. If someone else's slave is kidnapped and taken across the sea and found there by his master, he must name in a public meeting the one who stole him, and there must gather witnesses.

§ 2. If someone kidnaps a free man and [against him] there is no true evidence, he must present the accomplices as if in murder; if he fails to find a juryman, he is ordered to pay... 200 Sol.

§ 3. If someone kidnaps a Roman, 63 Sol.

XL. If a slave is accused of stealing

§ 1. If an offense is committed, for which a free man must pay a fine of ... 15 Sol., Let the slave be laid out on a bench and receive 120 lashes.

§ 2. If the fault turns out to be greater. just like that, for which the free man must pay 35 Sol., the slave in the same way let him receive 120 lashes.

§ 5. If the slave is guilty of a more serious crime, namely one for which a free man can be sentenced to pay 45 Thess., and if the slave himself confesses under torture, he is sentenced to death.

Approx. 1st. If a slave commits a theft in complicity with a free man, he pays twice for what he has stolen, in addition to compensation for the cost and losses, while the free man pays four times.

Approx. 2nd. If someone makes a deal with someone else's slave, he is awarded 15 sols.

XLI. About homicide in a crowd

§ 1. If anyone takes the life of a free franc or a barbarian living under the Salic law, and is caught, he is awarded to pay ... 200 sol.

§ 3. If anyone takes the life of a person who is in the royal service, or a free woman, he is awarded for payment ... 600 Sol.

§ 5. If someone takes the life of a Roman - a royal companion and is convicted, he is awarded for payment ... 300 sol.

§ 6. If someone takes the life of a Roman landowner and not a royal companion, he is awarded for payment ... 100 sol.

§ 7. If someone takes the life of a Roman - a taxable person, he is awarded for payment 63 Sol.

Approx. 3rd. If anyone dares to remove the head of a man that his enemy has impaled without the permission of the judge or the one who impaled it, he is sentenced to payment of 15 sols.

XLIV. About Reipus 30

§ 1. According to custom, it follows that [if] a person, dying, leaves a widow and someone wants to take her, then first. before he enters into marriage with her, the tungin or centenarius must appoint a court session and at this session he must have a shield with him, and three people must file three claims. And then the one who wants to take a widow must have three equilibrium solids and one denarius. And there must be three who will weigh his solids; and if after that they agree, he can take [the widow in marriage].

§ 2. But if he does not do this and takes it like that, he must pay to the one who has the right to reypus ... 63 Sol.

§ 3. If, however, he fulfills according to the law everything that we have indicated above, those who follow the reypus receive 3 sols. and 1 den.

Approx. 1st. Here's how to distinguish who should reypus.

§ 4. If there is a nephew, the son of a sister, as the eldest, he must receive reypus.

§ 5. If there is no nephew, let the eldest son of his niece receive the reypus.

§ 6. If there is no son of the niece, the son of the cousin, who comes from the maternal family, must receive the reypus.

§ 7. If there is no son of a cousin, the uncle, the brother of the mother, must receive the reypus.

§ 8. If there is no uncle, the brother of the one who previously had her [widow] wife should receive the reypus, however, on the condition that he does not have to own the inheritance.

§ 9. If there is not even a brother, the reypus should be received by the one who turns out to be closer, in addition to those named, listed one by one, according to the degree of kinship, up to the sixth generation, however, provided that he does not receive the inheritance of the deceased husband of the named woman .

§ 10. And if there are no relatives up to the sixth generation [inclusive], then the reypus itself goes to the treasury, and the fine that will be awarded in the event of a lawsuit arising on this matter.

XLV. About settlers

§ 1. And if someone wants to move into a villa with another, and if one or more residents of the villa want to receive him, but there is at least one who opposes the resettlement, he will not have the right to settle there.

§ 2. If, in spite of the prohibition of one or two persons, he dares to settle in this villa, then he must be protested; and if he does not want to leave from there, the one who makes the protest, in the presence of witnesses, must turn to him with this kind of demand: also that within ten days you must leave this villa.” After that, after 10 days, he again let him come to him and announce to him a second time that he should leave within the next ten days. If he does not want to leave even then, for the third time 10 days are added to his term, so that in this way 30 days are completed. If even then he does not want to leave, the puts will summon him to court, having with him witnesses who were there at the announcement of each term. If the one to whom the protest is presented does not want to leave from there, and he will not be detained by any legal obstacle, and if all of the above is announced to him according to the law, then the one who protested vouches for his fortune and asks the count to appear on the metso in order to drive him out of there. And because he did not want to obey the law, he loses the results of [his] labor there and, in addition, is awarded for payment ... 30 Sol.

§ 3. If no protest is made within 12 months, he must remain inviolable, like other neighbors.

XLVI. On the transfer of property

§ 1. [At the same time] the following must be observed: let the tungin or centenary appoint a judicial meeting, and at this meeting they must have [with them] a shield, and three people must bring three claims. Then let them find a person who is not related to him [the testator] and to whom he [the testator] let him throw a stalk in the floor. And to the one in whose floor he throws the stem, let him declare his property, namely, how much he wants to transfer, whether everything and to whom. And the one in whose floor he throws the stem must remain in his house. And he must invite three or more guests and keep that part of his property that is entrusted to him. And after that, the one to whom it is entrusted must act with the assembled witnesses. Then, in the presence of the king or in a judicial assembly, let him take a stalk and throw it on the floor of those who were appointed heirs 12 months ago, and let him give property to those to whom it was bequeathed, in an amount no more or less than what was entrusted to him. If anyone wishes to object to this, three witnesses must swear that they were present at that meeting, which was appointed by the tungin, or centenary, and saw how the one who wished to transfer his property threw a stalk on the floor to the one he chose ; they must name separately both the name of the one who threw his property into the floor of another, and the name of the one who declared him heir. And the other three witnesses must testify under oath that the one in whose floor the stalk was thrown was in the house of the one who transferred his property, that he invited three or more guests who were eating porridge at the table in the presence of witnesses, and that these guests thanked him for the welcome. All this must be confirmed under an oath by other witnesses, as well as the fact that the one who received the property in the floor threw a stalk in the floor in the presence of the king or in a legitimate public meeting of those who were declared heirs of the said property publicly in the face of the people, [precisely] in the presence of the king or at a public meeting, in front of the people or the Tungin; all this must be confirmed by 9 witnesses.

XLVII. About wanted

§ 1. If someone recognizes his slave, or a horse, or a bull, or any other thing, let him transfer it to third parties, and the one who recognized [these things] must prove his right [to them] ...

L. Commitment

§ 1. If anyone, free or lit, gives an obligation to another, the one to whom the obligation is given after the expiration of 40 days or the period established between them must appear at his house, accompanied by witnesses and with the one who is to evaluate the property. And if the debtor does not wish to pay according to the obligation, he, in addition to the debt indicated in the obligation, is awarded for payment of 15 Sol.

§ 2. But if he stubbornly refuses to pay the obligation, [the creditor] must call him to court and so petition the [tungin] for speedy enforcement: “I ask you, tungin, declare speedy enforcement against my opponent who gave me the obligation and borrowed from me." In this case, it must indicate the amount of the debt under the obligation. Then the Tugin should say: "I declare against him the speediest coercion, in accordance with the Salic law." Then the one to whom the obligation is given must solemnly demand that the debtor does not pay to anyone else, does not give a guarantee of payment until he has satisfied the follower of the obligation. And hastily, on the same day, before the sun sets, with witnesses, he must appear at the house of the debtor and ask for the payment of the debt. If he does not wish to comply with this request, let him appoint a time for a trial; in such a case, the debt is increased by ... 3 sol. This must be repeated up to three times, within three weeks, and if the third time he does not agree to pay, then let the debt increase, by ... 9 Sol., so that after each call to trial or appointment of a term, the debt increases by 3 Sol. .

III. About redeeming the hand from the bowler

§ 1. If someone is called to trial by means of a kettle of boiling water, then the parties may come to an agreement that the person sentenced redeems his hand and undertakes to present the jurors. If the offense turns out to be such for which, in the case of evidence, the guilty person according to the laws must pay 15 sols., He can redeem his hand for ... 3 sols.

LVIII. About a handful of earth

§ 1. If someone takes the life of a person and, having given all his property, is not able to pay what is due according to the law, he must present 12 jurors, [who will swear that] that neither on earth nor under earth, he has no more property. what has already been given. And then he must enter his house, collect a handful of earth from the four corners, stand on the threshold, turning his face into the house, and throw this earth over his shoulders on the one whom he considers his closest relative. If the father and brothers have already paid, then he must throw the same land on his own, i.e. three closest relatives on the mother's side and on the father's side. Then, in [one] shirt, without a belt, without shoes, with a stake in his hand, he must jump over the wattle fence, and these three [maternal relatives] must pay half of what is not enough to pay the vira followed by law. The same must be done by the other three, who are relatives on the father's side. If any of them is too poor to pay the share that falls on him, he must, in turn, throw a handful of land on one of the more prosperous, so that he pays everything according to the law. If, however, this one does not have anything to pay for everything, then the one who bailed the murderer must present him to the court session, and so then, during four sessions, he must bail him. If no one guarantees the payment of the vira, i.e. in making up for what he did not pay, then he must pay the vira with his life.

LIX. About allods

§1 If a man dies and leaves no sons, and if his mother survives him, let her inherit.

§ 2. If there is no mother, and if she leaves a brother or sister, let them inherit.

§ 3. In the event that they do not exist, let the mother's sister enter into the inheritance.

Approx. 1st. If there is no mother's sister, let the father's sisters inherit.

§ 4. And if any of these generations happens to be nearer, let him take possession of the inheritance.

§ 5. In no case should the land inheritance go to a woman, but let all the land go to the male sex, i.e. brothers.

LX. About wanting to renounce kinship

§ 1. He must appear at the court session in front of the tungin and there break three branches over his head, measuring a cubit. And he must, at the court session, scatter them in four directions and say there that he renounces allegiance, inheritance and any accounts with them. And if later one of his relatives is either killed or dies, he absolutely should not participate in the inheritance or in the payment of vira, and his own inheritance should go to the treasury.

Salic truth. Per. N.P. Gratsiansky. – M., 1950, S. 1–57.

From the edict of the Sovereign Chilperic King

§ 3. Likewise they deigned and decreed that if anyone, having no neighbors, leaves sons or daughters after his death, let the sons, while they live, own the land, according to the Salic law. If the sons die, the daughter receives these lands in the same way as their sons would receive if they remained alive. And if a brother dies, the other one remains alive, let the brother get the land, not the neighbors. And if a brother, dying, does not leave his brother alive, then let the sister take possession of this land ...

Ibid, p. 72.

Topic 4. THE ENGLISH STATEXIIIC. AND THE FORMATION OF THE ESTATE-REPRESENTATIVE MONARCHY

The estate-representative monarchy is the second historically established form of the feudal state in Europe. This form of government takes shape in the conditions of a departure from the early feudal foundations and the emergence of a centralized state. The persons most interested in the process of centralization are the king and the urban population (which the presence of feudal fragmentation does not allow to develop trading activities). Using the forces of the allies in the struggle against a common enemy - the feudal lords, the king creates class-representative bodies, in which the representatives various estates.

English history provides brilliant material for examining the patterns of development of the estate-representative institution (parliament). A characteristic feature of England is the extraordinary vitality of Parliament - it was not destroyed in the era of absolute monarchy and continues to exist to this day. At the same time, it should be remembered that, unlike France, for example, where a class-representative body (the States General) was created by King Philip IV the Handsome as an allied and auxiliary body, in England the parliament at the time of its creation had the goal of rather limiting the possibilities of the tyrannical power of the king. Therefore, we consider it possible to preface the documents covering the work of Parliament with the document that is considered the basis for the formation of English national identity and in some way the forerunner of the creation of Parliament - the Magna Carta.

The Magna Carta was adopted as a result of a long confrontation between King John the Landless (1199–1216) and the English barons. The situation in England of this period perfectly illustrates the concept of a feudal state - the king of England was at the same time the lord of colossal possessions in France (and in this capacity a vassal of the French king). France sought to win back its lands, and John, who suffered constant defeats in the war and needed money, more than once abused his rights as a lord of English vassals. This eventually led to the refusal of the barons to help the king - they were vassals English king, therefore, on completely legal grounds, they could not participate in the fate of his French possessions. John lost in the war with his vassals and in 1215 was forced to sign the Magna Carta, limiting the power of the king. The charter did not enter into force, but became a symbol of English national identity, the desire of the British to create a state governed by laws and rejecting tyranny.

The English parliament was created in 1265, but its creation did not yet mean the emergence of an estate-representative monarchy. The formation of the latter was the result of a long process, not formalized by any general act. The documents cited here clearly show the procedure for the formation of both houses of parliament and the scope of its powers.

The political situation in England at the beginning of the 13th century.

Features of vassal relations in England. What norms of vassal relations did John the Landless violate?

The legal system of England according to the Magna Carta, the ratio of royal and seigneurial jurisdiction.

Property relations in England under the Magna Carta.

How are the interests of the English estates reflected in the Magna Carta: the aristocracy (barons), chivalry, townspeople?

Which estates represented the forces of feudal decentralization, and which were interested in the centralization of the country?

Is it possible to speak about the elements of representative power in the Magna Carta?

What political course could England take when the Magna Carta came into force?

The political situation in England on the eve of the creation of Parliament.

Stages of formation of parliament.

The scope of powers of Parliament.

Gutnova E.V. The rise of the English Parliament. - M., 1960. - S. 280-289.

Petrushevsky D.M. Magna Carta and the constitutional struggle in English society in the second half of the 13th century. - M., 1915 (1918). – P. 15–52.

Petrushevsky D.M. Essays on the English State and Society in the Middle Ages. - M., 1937. - S. 121-1145.

Petit-Dutailly C. Feudal Monarchy in France and England in the X-XIII centuries. - M., 1938. - S. 289-300.

Shtokmar V.V. History of England in the Middle Ages. - L., 1973.

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