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THE DECLINE AND FALL
Laws of the Barbarians The rudest, or the most servile, condition of human society is regulated however by some fixed and general rules. When Tacitus surveyed the primitive simplicity of the Germans, he discovered some permanent maxims, or customs, of public and private life, which were preserved by faithful tradition till the introduction of the art of writing and of the Latin tongue.[1] Before the election of the Merovingian kings, the most powerful tribe, or nation, of the Franks appointed four venerable chieftains to compose the Salic laws;[2] and their labours were examined and approved in three successive assemblies of the people. After the baptism of Clovis, he reformed several articles that appeared incompatible with Christianity; the Salic law was again amended by his sons; and at length, under the reign of Dagobert, the code was revised and promulgated in its actual form, one hundred years after the establishment of the French monarchy. Within the same period, the customs of the Ripuarians were transcribed and published; and Charlemagne himself, the legislator of his age and country, had accurately studied the two national laws which still prevailed among the Franks.[3] The same care was extended to their vassals; and the rude institutions of the Alemanni and Bavarians were diligently compiled and
- ↑ I have derived much instruction from two learned works of Heineccius, the History, and the Elements, of the Germanic law. In a judicious preface to the Elements, he considers, and tries to excuse, the defects of that barbarous jurisprudence.
- ↑ Latin appears to have been the original language of the Salic law. [So Waitz, Verfassungsgeschichte, 2, p. 89.] It was probably composed in the beginning of the fifth century, before the æra (A. D. 421) of the real or fabulous Pharamond. The preface mentions the four Cantons which produced the four legislators; and many provinces, Franconia, Saxony, Hanover, Brabant, &c. have claimed them as their own. See an excellent Dissertation of Heineccius, de Lege Salicâ, tom. iii. Sylloge iii. p. 247-267. [There is little trace of Roman, and none of Christian, influence in the Lex Salica; and the probability is that the original edition was composed in the Salic land. The four legislators have a legendary sound.]
- ↑ Eginhard, in Vit. Caroli Magni, c. 29, in tom. v. p. 100. By these two laws, most critics understand the Salic and the Ripuarian. The former extended from the Carbonarian forest to the Loire (tom. iv. p. 151), and the latter might be obeyed from the same forest to the Rhine (tom. iv. p. 222). [On the Lex Ribuaria see Sohm's edition, 1883, and his dissertation Ueber die Entstehung der Lex Ribuaria (Ztsch. für Rechtsgesch., v. 380 sqq.). It admits of analysis into four parts, of which the first (titles 1-31) seems to belong to the early 6th century, the second (taken from the Salic Law) to the end of the 6th century, the third to the 7th, and the fourth to the 8th century. This and all the later codes exhibit, when compared with the Lex Salica, the change which had taken place in the position of the king — a change which was the work of Chlodwig — through the significant formulæ jubemus, constituimus, &c. The origin of the Lex Rib. is generally connected with the Lower Rhine; but J. Ficker has recently sought it on the Upper Mosel. Mittheil. Inst. Oesterr. Gesch.-Forsch., Ergänz. Band, v. i. The short code of Amor, or Hamaland, the small territory which lay between Frisians, Ripuarians and Saxons, represents the modification which the Lex Ribuaria underwent there. It is known as the Lex Chamavorum, and is edited by Sohm along with the Lex Ribuaria.]
