Salic law was created in the late 5th century.This document reflects the existing legal and social structure, characterized by a shift in the class of primitive society, the emergence of private property and wealth inequality.Is a collection of records of the ancient customs of the coastal francs, written in Latin.It contains the legal cases that result in repeated recurrences become a custom.Includes Prologue and Epilogue 65 titles.
Salic law: general characteristics
Collection was created as a legal guide in the work of judges.He did not include any systematic legal rules, it contained only the specific incidents, taken from life.The creation of the Code of Laws, which were assigned the most common cases, it was necessary because the legal practices can vary depending on the terrain.They have been less reliable.
One of the main tasks of Salic law - the protection of private property.The collection contains a list of offenses and punishments for them.Under the Crimes (tort) understand the harm, hurt caused to another person, as well as violation of the "king of the world."And under punishment was understood compensation for crime.Almost all types of punishment have been replaced by a fine.Its main aim was to prevent a blood feud.The Salic law also includes articles regulating civil relations.This is art.46 governing the transfer of ownership and Art.49, fixing the order of succession.
Salic law: characteristics penalties
During the creation of the collection in the Frankish kingdom lived 8 groups.Depending on the accessory of the person (the victim) to a specific group determined by the degree of punishment of the guilty.The most common penalty was a fine, which was considered the result of a settlement agreement between the parties.It is divided into two parts - Faid (the amount transferred to the victim as a ransom for vendetta) and fredum (amount paid for the intervention of the state).There was also a restitution, that is, the restoration of disturbed or refund, as well as reimbursement of costs.
The lease price for the murder of a man called wergild.For a free franc was estimated at 200 solidi.Salic law equaled a slave to things, his life was the price of a horse or a bull, that is, 30 solidi.A special group - semi-free litas, which were in a contractual relationship with Mr participated in military enterprises, and at the trial, and at the same time be judged by the same rules as slaves - their life is estimated at 100 solidi.A considerable sum had to pay for the killing of the clergy.Thus, the death of the priest estimated at 600 solidi, and the bishop - in 900.
Salic law, in addition to the mandatory compensation, provides for other penalties.For example, in the case of the guilty escape subject to the death penalty and confiscation of property.In respect of slaves were also used corporal punishment.
preliminary investigation was conducted.The judge limited the evidence provided by the parties.Widely used ordeal (God's judgment).They used trial by fire, iron and water.In the latter case, the accused tied up and thrown into the river.If he was drowning, it recognized innocent.Other types of ordeals were swearing and legal fight.Last administered if the defendant accused the plaintiff of lying.The peasants fought a duel with clubs and gentlemen - on horses with guns.
Salic law is an important document for the study of existing relationships, it is a real historical discovery, the source, who laid the foundation for the right to the feudal social order in Europe.
