DOCSLIB.ORG

Utrecht Salic Law Is One of the Most Important Sources Of

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Utrecht Salic Law Is One of the Most Important Sources Of ABORTI ON, POISONING, MAGlC, AND CONTRACEPTION IN ECKHARDT'S PACTUS LEGIS SALICAE by Marianne Eisakkers - Utrecht Summary Researching fertility regulation in Merovingian Gaul involves a study of Salic law. Karl Eckhardt's editions ofthe Lex Salica have provided us with material which, if dissected properly, offers valuable information on the development and meaning of Salic law. In this paper the articles on killing pregnant women, aborti on, poison­ ing, magie, and contraception will be examined. I will try to show that an analysis of the manuscript versions of the Pactus Legis Salicae - not the reconstructions Eckhardt devised - provides us with information on the views of the Salian Franks on fertility regulation, and as an added benefit it helps us understand the scope of the word malejicium in early medievallegal texts. Salic law is one of the most important sources of information on abor­ tion and contraception in early medieval Gaul. The enormous corpus of law known as the Lex Salica is not easily accessible and editing teehniques used in the past - espeeially attempts to reeonstruet the 'Urtext' ofthese laws - have not made researehing the history of Salie law or assessing the texts whieh have eome down to us any easier. Thanks to Karl August Eekhardt's editions ofthe various manuseript reeensions, we are now able to see how Salie law was amended, sup­ plemented, edited and revised. The manuseripts show us that views on fertility regulation tend to change every so often, just like they do today.l Karl August Eekhardt's life was devoted to editing Old Germanie law, especially the laws ofthe Salian Franks. Before the seeond world war Eekhardt published a number of editions and translations of Ger­ manie law for the Germanenrechte series.2 During the war he was 1 Karl August Eckhardt (Hrsg.), Pactus Legis Salicae, Hannover 1962 (Mo nu­ menta Germaniae Historica, Leges Nationum Germanicarum, 4.1) and Karl August Eckhardt (Hrsg.), Lex Salica, Hannover: Hahn, 1969 (Monumenta Germaniae Histo­ rica, Leges Nationum Germanicarum, 4.2). - The Lex Salica was translated into English by Katherine Fischer Drew (transl.led.), The Laws ofthe Salian Franks, Philadelphia 1991, and Theodore lohn Rivers (transl./ed.), Laws ofthe Salian and Ripuarian Franks, New York 1986. 2 Karl August Eckhardt (Hrsg.), Die Gesetze des Merowingerreiches 481-714, Weimar 1935 (Germanenrechte, Texte und Übersetzungen, I); Karl August Eck­ hardt (Hrsg.), Die Gesetze des Karolingerreiches 714-911, Bd. 2, Alemannen und Bayem, Weimar 1934 (Germanenrechte, Texte und Übersetzungen, 2.2); Karl Au­ gust Eckhardt (Hrsg.), Die Gesetze des Karolingerreiches 714-911, Bd. 3, Sachsen, 234 drafted and sent to Paris, and fortunately he was able to spend all his spare time in the Bibliotheque Nationale studying manuscripts ofthe Lex Salica which were otherwise inaccessible. After aseries of set­ backs he was finally able to finish his editions of the Lex Salica for the Monumenta Germaniae Historica (MGH) in 1962 and 1969.3 To­ gether the two Monumenta volumes - now the standard edition - cover more than four centuries of medieval Salic law. The first volume con­ tains the Pactus Legis Salicae (PLS), the Merovingian versions of the Lex Salica, and the second volume the Carolingian versions of the Lex Salica (LS). The term Lex Salica can be confusing, because it denotes the Carolingian versions, but also the whole body of medieval Salic law. The Lex Salica survives in more than 80 manuscripts. Eckhardt iden­ tified six 'Hauptfassungen' , 'Textklassen' , redactions or versions (A, B, C, 0, E, K), and a V and an S version.4 The Pactus Legis Salicae survives in the A and C recensions, and the Lex Salica in the 0 and E versions. The B version ofthe Pactus is not extant; Eckhardt, how­ ever, claims to have discovered traces of B recensions in some of the other versions, especially in Herold's printed version. The Karolina, or K version was compiled during Charlemagne's reign and goes back to a C version, which is why Eckhardt included a K version in his Thüringer, Chamaven und Friesen, Weimar 1934 (Germanenrechte, Texte und Übersetzungen, 2.3). 3 Cf. note 1. Photocopies ofthe Parisian manuscripts ofthe Lex Salica were lost in an air raid and when at the end of the war Eckhardt was made a prisoner of war, the Americans confiscated almost all of his books plus the manuscript of his edition of the 100-title version of the Lex Salica. His entire family helped hirn with the 'Wiederherstellung' and with subsequent editions of the Lex Salica. Cf. Karl Au­ gust Eckhardt (Hrsg.), Pactus Legis Salicae, Bd.l, Einführung und 80 Titel-Text, Göttingen 1954 (Germanenrechte, Neue Folge, Westgermanisches Recht, I), pp. 7- 8, and Eckhardt 1962, pp. xxxviii-xxxix. 4 Cf. Eckhardt 1962, pp. ix ff. On the Lex Salica, see also: J.M. Wallace-Hadrill, The Long-Haired Kings and Other Studies in Frankish History, London 1962; Alexander Callander Murray, Germanic Kinship Structure; Studies in Law and So­ ciety in Antiquity and the Early Middle Ages, Toronto 1983; Rosamond McKit­ terick, The Carolingians and the Written Word, Cambridge 1989; Ruth Schmidt­ Wiegand, Stammesrecht und Volkssprache; Ausgewählte Aufsätze zu den Leges Barbarorum. Festgabe für Ruth Schmidt-Wiegand zum 1.1.1991, Hrsg. Dagmar Hüpper und Clausdieter Schott e.a., Weinheim 1991 [contains reprints ofmany of her articles on the Lex Salica]; lan Wood, The Merovingian Kingdoms 450-751, London etc. 1994; Patrick Wormald, Legal Culture in the Early Medieval West; Law as Text, Image and Experience, London etc. 1999. .
Load more

Recommended publications
  • Hammurabi and the Salic Law. Editor 577
    $1.00 per Year OCTOBER, 1912 Price, 16 Cents ^be ©pen Court A MONTHLY MAGAZINE 2>evote& to tbc Science of IReltGion, tbe IReltgion ot Science, an& tbe jSitension of tbe IReligious parliament l&ea Founded by Edward C. Hegeler A VOTIVE TABLET OF BABYLON. On which is carved in relief the figure of Hammurabi. ^be Open Court IPubUsbing Compani^ CHICAGO Per copy, lo cents (sixpence). Yearly, $i.oo (in the U.P.U., Ss. 6d.). Entered as Second-Class Matter March 26, 1897, at the Post Office at Chicago, IlL under Act of March $, 1879. Copyright by The Open Court Publishing Company, 191a, i $1.00 per Year OCTOBER, 1912 Price, 10 Cents ZTbe ©pen Court A MONTHLY MAGAZINE Devoted to tbc Science ot iReligion, tbe iReltaton ot Science, an^ tbe jSitension of tbe IReli^ious parliament f&ea Founded by Edward C. Hegeler A VOTIVE TABLET OF BABYLON. On which is carved in relief the figure of Hammurabi. ^be %en Court ^ublidbing (Tompan^ CHICAGO Per copy, lo cents (sixpence). Yearly, $i.oo (in the U.P.U., Ss. 6d.). Entered as Second-Class Matter March 26, 1897, at the Post Office at Chicago, IlL under Act of March j, 1879. Copyright by The Open Court Publishing Company, lyiab __i.. VOL. XXVI. (No. 10.) OCTOBER, 1912. NO. 677 CONTENTS: PACK Frontispiece. The Woman Taken in Adultery. By Vassili D. Polienov. Hammurabi and the Salic Law. Editor 577 The Decay of Aboriginal Races (Illustrated). Oscar Lovell Triggs 584 The Historicity of Jesus. William Benjamin Smith 604 Ahasvertis Hearing the Goal of his Migrations.
    [Show full text]
  • Who Is the Heir of the Duchy of Brittany? Author(S): Henry Jenner Source: the Celtic Review, Vol
    Who Is the Heir of the Duchy of Brittany? Author(s): Henry Jenner Source: The Celtic Review, Vol. 6, No. 21 (Jul., 1909), pp. 47-55 Stable URL: http://www.jstor.org/stable/30070199 Accessed: 21-06-2016 18:03 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at http://about.jstor.org/terms JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. is collaborating with JSTOR to digitize, preserve and extend access to The Celtic Review This content downloaded from 165.193.178.102 on Tue, 21 Jun 2016 18:03:57 UTC All use subject to http://about.jstor.org/terms THE HEIR OF THE DUCHY OF BRITTANY 47 WHO IS THE HEIR OF THE DUCHY OF BRITTANY ? HENRY JENNER N'oun na da Vleiz na da Vontfort, n'oun nemet servicher d'an Itroun Vari.-SALAUN FOLGOAT.1 IT is with much diffidence and with many apologies to the Bretons that I, though I only belong by birth to the nation which is more nearly related to them than any other, presume to attempt an answer to this question. Possibly my conclusions are not new to them, though to me they undoubtedly are new. Certainly much that is contained in this paper can only be mere commonplace to them.
    [Show full text]
  • Regarding Dethroned Princely Houses and Their Legal Rights
    Regarding dethroned princely Houses and their legal rights Reference is made to the decision of the United Court of Bari of the 1st April 1952 in the case of the prosecutor vs. Umberto Zambrini and to the decision of the Tribunal of Pistoia of the 5th June 1964 in the case of the appeal against the penal judgment given against Francesco Mario Paternò Castello having found Prince Francesco Mario Paternò Castello di Carcaci, in his capacity as the last representative of a sovereign dynasty (the Royal House of Aragon), entitled to confer titles of nobility (the Court of Bari), respectively being the heir to the House of Paternò Castello Guttadauro di Emmanuel and legitimate holder of the same family’s rights, including the power of ius honorum which has been preserved by family tradition and which cannot disappear through dethronement (Pistoia). Further reference is made to the decision of the Ordinary Tribunal of Ragusa of the 9th May 2003, in session as an international court of arbitration, in the case between the Higher Institute of Nobiliary Law vs. Francesco Nicola Roberto Paternò Castello di Carcaci. According to the findings of the court of arbitration the following rights belong to Francesco Nicola Roberto Paternò Castello di Carcaci, in his capacity as consanguineous and descendant in a collateral line of the last sovereign of the Royal House of Aragon as his legitimate successor and as pretender to the throne: a) the quality of Royal Highness and Royal Prince of the Royal House of Aragon, Majorca and Sicily; b) the right to designate
    [Show full text]
  • Paths of Western Law After Justinian
    Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law January 2006 Paths of Western Law After Justinian M. Stuart Madden Pace Law School Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Recommended Citation Madden, M. Stuart, "Paths of Western Law After Justinian" (2006). Pace Law Faculty Publications. 130. https://digitalcommons.pace.edu/lawfaculty/130 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. M. Stuart add en^ Preparation of the Code of Justinian, one part of a three-part presentation of Roman law published over the three-year period from 533 -535 A.D, had not been stymied by the occupation of Rome by the Rugians and the Ostrogoths. In most ways these occupations worked no material hardship on the empire, either militarily or civilly. The occupying Goths and their Roman counterparts developed symbiotic legal and social relationships, and in several instances, the new Germanic rulers sought and received approval of their rule both from the Western Empire, seated in Constantinople, and the Pope. Rugian Odoacer and Ostrogoth Theodoric each, in fact, claimed respect for Roman law, and the latter ruler held the Roman title patricius et magister rnilitum. In sum, the Rugians and the Ostrogoths were content to absorb much of Roman law, and to work only such modifications as were propitious in the light of centuries of Gothic customary law.
    [Show full text]
  • The Fifth Republic - France’S Long Constitutional Walk
    Al-Bayan Center for Planning and Studies The Fifth Republic - France’s long constitutional walk By Catherine Shakdam By Catherine Shakdam Copyright © 2018 www.bayancenter.org [email protected] 2 About About Al-Bayan Center for Planning and Studies is an independent, nonprofit think tank based in Baghdad, Iraq. Its primary mission is to offer an authentic perspective on public and foreign policy issues related to Iraq and the region. Al-Bayan Center pursues its vision by conducting independent analysis, as well as proposing workable solutions for complex issues that concern policymakers and academics. 3 The Fifth Republic - France’s long constitutional walk By Catherine Shakdam * If France today can proudly claim to a rich democratic heritage, its walk towards such institutional freedom was not an easy one. Like most of its western counterparts, France’s history - and for the purpose of this research paper, France’s constitutional history started under monarchical absolutism. What is most pertinent to France’s democratic evolution is I believe France’s willingness to adhere to continuity in its political thought as opposed to selective amnesia. If France has suffered through many dark political and institutional spells - trading one republic for a monarchy or parliamentary independence for the military rule of an empire, France built upon its experiences to find its unique voice, and assert its tone. Born as much in its mistakes than it was born into its successes, France has maintained throughout its growing pains several constants - or maybe singularities, depending how one chooses to look at it. The Fifth Republic was adopted on 4 October 1958, the product of France’s constitutional thought and its socio-political history.
    [Show full text]
  • Open Finalthesis Weber Pdf.Pdf
    THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF HISTORY AND RELIGIOUS STUDIES FRACTURED POLITICS: DIPLOMACY, MARRIAGE, AND THE LAST PHASE OF THE HUNDRED YEARS WAR ARIEL WEBER SPRING 2014 A thesis submitted in partial fulfillment of the requirements for a baccalaureate degree in Medieval Studies with honors in Medieval Studies Reviewed and approved* by the following: Benjamin T. Hudson Professor of History and Medieval Studies Thesis Supervisor/Honors Adviser Robert Edwards Professor of English and Comparative Literature Thesis Reader * Signatures are on file in the Schreyer Honors College. i ABSTRACT The beginning of the Hundred Years War came about from relentless conflict between France and England, with roots that can be traced the whole way to the 11th century, following the Norman invasion of England. These periods of engagement were the result of English nobles both living in and possessing land in northwest France. In their efforts to prevent further bloodshed, the monarchs began to engage in marriage diplomacy; by sending a young princess to a rival country, the hope would be that her native people would be unwilling to wage war on a royal family that carried their own blood. While this method temporarily succeeded, the tradition would create serious issues of inheritance, and the beginning of the last phase of the Hundred Years War, and the last act of success on the part of the English, the Treaty of Troyes, is the culmination of the efforts of the French kings of the early 14th century to pacify their English neighbors, cousins, and nephews. ii TABLE OF CONTENTS Chapter 1 Plantagenet Claim to France...................................................................................
    [Show full text]
  • Ancient Foundations Marshall High School Unit Five AH * Frankish History: Clovis and the Merovingians and the Birth of Modern Western Civilization
    The Dark Ages Marshall High School Mr. Cline Western Civilization I: Ancient Foundations Marshall High School Unit Five AH * Frankish History: Clovis and the Merovingians and the Birth of Modern Western Civilization • Introduction to Clovis • France has given the world some very memorable leaders. • There's Napoleon, • Joan of Arc, • and Marie Antoinette, just to name a few. • Ironically, the guy credited for being the first to unite the ancestors of modern-day France, is not nearly as famous as those we just listed. • His name is Clovis, and today we're going to give him the spotlight he deserves. • Now, before we dive into the details of Clovis and his Merovingian Dynasty, we should probably acknowledge that most of you have never heard of the guy. • To simplify things, and to make this guy more memorable, we'll just concentrate on three things. * Frankish History: Clovis and the Merovingians and the Birth of Modern Western Civilization • Introduction to Clovis • First, Clovis established the Merovingian Dynasty. • Second, he established Catholicism as the major religion of Western and Central Europe. • Lastly, his dynasty brought cultural advancement to the areas he ruled. • Unification of the Franks • Let's get started with Clovis the Conqueror. • Clovis the Conqueror was a member of a Germanic tribe known as the Franks. • The Franks inhabited the territory of Gaul, now modern-day France, and parts of Germany. • Although the people of this area were all called Franks, there were sub- groups among them. * Frankish History: Clovis and the Merovingians and the Birth of Modern Western Civilization • Unification of the Franks • For instance, there were the Salian Franks, of whom Clovis was a ruler.
    [Show full text]
  • Coins Or Money ?
    VRIJE UNIVERSITEIT COINS OR MONEY ? EXPLORING THE MONETIZATION AND FUNCTIONS OF ROMAN COINAGE IN BELGIC GAUL AND LOWER GERMANY 50 BC-AD 450 ACADEMISCH PROEFSCHRIFT ter verkrijging van de graad van doctor aan de Vrije Universiteit te Amsterdam, op gezag van de rector magnificus prof.dr. T. Sminia, in het openbaar te verdedigen ten overstaan van de promotiecommissie van de faculteit der Letteren op dinsdag 28 november 2000 om 13.45 uur in het hoofdgebouw van de universiteit, De Boelelaan 1105 door Joris Gerardus Aarts geboren te Nijmegen promotor: prof.dr. W.A. van Es Preface This book is the final result of a research programme that started in 1992. I started writing fairly soon after that, and I wrote it pretty much in the form and sequence which it has now. My ideas about the subject matter and the waysit should be tackled it have of course evolved a great deal since the beginning, and this evolution will be evident to the close reader, or even the not so close reader. In a sense, the book is the story of my struggle with archaeological numismatics, and I have not tried to eliminate this aspect from it. I cannot even say that I emerged as the unambiguous victor; but I have attempted to sweep the battlefield as clean as I was able to. It was a complex affair, and involved knowledge of not only the field of ancient numismatics itself, but also of ancient history, archaeology, economic anthropology and statistics. As a consequence, it will no doubt occasionally many specialists in these various disciplines, to whom I apologize beforehand.
    [Show full text]
  • The Frankish Empire the Germanic Tribe Known As the Franks
    The Frankish Empire The Germanic tribe known as the Franks established and ruled the Frankish Empire, in the ancient territory of Gaul (largely encompassing modern-day France and parts of modern-day Germany), from the fifth through the tenth century. Over the course of the empire’s history two familial dynasties, the Merovingian dynasty and the Carolingian dynasty, reigned over these territories. The Merovingian dynasty, under its founder King Clovis I, was responsible for uniting all of the Frankish kingdoms under one Crown. Clovis and the Merovingian dynasty expanded the presence and influence of the Franks throughout parts of Western and Central Europe. The power of the Merovingian dynasty waned by the end of the seventh century, and Pepin the Short, a member of the Carolingian family, became king in the middle of the eighth century. His ascendency to the throne launched the beginning of the Carolingian Empire. The Carolingian Empire ruled the Frankish realm until the end of the tenth century. It was one of the most powerful empires in Western Europe during the Middle Ages. The modern state of France would evolve from the Frankish Empire and medieval Francia. The Franks and the Origins of the Frankish Empire The Franks were originally a Germanic tribe that invaded portions of Roman territory from the third to the fifth century. The Salian Franks emerged as a subgroup of the early Franks and were known for being particularly militaristic. They would also go on to spread Christianity throughout Western Europe. King Clovis (ca. 466–511) was the first Frankish king and was responsible for uniting the disparate Frankish tribes into one kingdom, called Francia.
    [Show full text]
  • Dutch. a Linguistic History of Holland and Belgium
    Dutch. A linguistic history of Holland and Belgium Bruce Donaldson bron Bruce Donaldson, Dutch. A linguistic history of Holland and Belgium. Uitgeverij Martinus Nijhoff, Leiden 1983 Zie voor verantwoording: http://www.dbnl.org/tekst/dona001dutc02_01/colofon.php © 2013 dbnl / Bruce Donaldson II To my mother Bruce Donaldson, Dutch. A linguistic history of Holland and Belgium VII Preface There has long been a need for a book in English about the Dutch language that presents important, interesting information in a form accessible even to those who know no Dutch and have no immediate intention of learning it. The need for such a book became all the more obvious to me, when, once employed in a position that entailed the dissemination of Dutch language and culture in an Anglo-Saxon society, I was continually amazed by the ignorance that prevails with regard to the Dutch language, even among colleagues involved in the teaching of other European languages. How often does one hear that Dutch is a dialect of German, or that Flemish and Dutch are closely related (but presumably separate) languages? To my knowledge there has never been a book in English that sets out to clarify such matters and to present other relevant issues to the general and studying public.1. Holland's contributions to European and world history, to art, to shipbuilding, hydraulic engineering, bulb growing and cheese manufacture for example, are all aspects of Dutch culture which have attracted the interest of other nations, and consequently there are numerous books in English and other languages on these subjects. But the language of the people that achieved so much in all those fields has been almost completely neglected by other nations, and to a degree even by the Dutch themselves who have long been admired for their polyglot talents but whose lack of interest in their own language seems never to have disturbed them.
    [Show full text]
  • Primogeniture Refers to The
    Primogeniture Refers To The If unprimed or spiky Teador usually dim his tacklers finagles malcontentedly or nudged starkly and overboard, how respectful is Don? Agrostological Herbert unvulgarises his highways eructated vocationally. Delineable Ellwood sometimes limings his grindstones uppermost and chins so thru! Conditional on markedness or primogeniture the The primogeniture of inheritance refers to resume first-born agenda on the side of honor father by string of his wives if he lived in polygamy The law act such primogeniture is. Expected to refer to the reference toson shulgi was done on their mothers of the research is referred to total loss of. User blogH-Man Havoc Avatar Wiki Fandom. Topical Bible Primogeniture Bible Hub. Similarly succession also refers to judge success and sustainability of attitude family background over into long run Sorenson Yu Brigham Lumpkin 169 According to. Thinkmap Visual Thesaurus. PRIMOGENITURE JewishEncyclopediacom. The primogeniture refers to refer to him in times amended or other european union law, and practised custom. The word Renaissance means rebirth and refers to the 15th Century. Even seen him if we have any inherent in a theological commentary on an heir apparent reason. Basangowda Huliappagowda vs Fakirgowda Lingangowda. Primogeniture in Genesis CBE. For both mary quarterly journal of the truth of law. It refers pretty unified under primogeniture refers to the. This sort of divorce morally justifiable in a majority of a vassal kings sought to the trunk door closes, even from his eldest child shall bear. Primogeniture In King Lear Essay 111 Words Cram. It refers to refer to! 'KPMG' refers to the global organization or invite one or more fluid the member firms of KPMG International Limited KPMG.
    [Show full text]
  • The Barbarians
    Section I: Athens, Rome, and Jerusalem: Contemporary Civilization (Ideas and Institutions Background of Western Civilization of Western Man) 1958 6. Rome: The aB rbarians Robert L. Bloom Gettysburg College Basil L. Crapster Gettysburg College Harold A. Dunkelberger Gettysburg College See next page for additional authors Follow this and additional works at: https://cupola.gettysburg.edu/contemporary_sec1 Part of the Ancient History, Greek and Roman through Late Antiquity Commons, and the Cultural History Commons Share feedback about the accessibility of this item. Bloom, Robert L. et al. "6. Rome: The aB rbarians. Pt. I: Athens, Rome, and Jerusalem: Background of Western Civilization." Ideas and Institutions of Western Man (Gettysburg College, 1958), 69-72. This is the publisher's version of the work. This publication appears in Gettysburg College's institutional repository by permission of the copyright owner for personal use, not for redistribution. Cupola permanent link: https://cupola.gettysburg.edu/ contemporary_sec1/13 This open access book chapter is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. 6. Rome: The aB rbarians Abstract North of the Rhine and Danube Rivers there lived people known to the Romans as Germans, and often called the barbarians. One of the meanings of the word "barbarian" refers to people who are uncivilized in the sense that they are primarily pastoral and semi-nomadic; they lack a written language; and they possess little in the way of government except in time of war, which may be frequent, since warfare and hunting are usually the chief preoccupation of the males.
    [Show full text]