FREE BOOKS

Author's List




PREV.   NEXT  
|<   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270  
271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   >>   >|  
the _lois Salique_ and _Ripuaire_ appeared, which were subjected to successive revisions and gradual or sudden modifications, necessitated by political changes or by the increasing exigencies of the prelates and nobles. But, far from lessening the supremacy of the King, the national customs which were collected in a code extended the limits of the royal authority and facilitated its exercise. In 596, Childebert, in concert with his _leudes_, decided that in future the crime of rape should be punished with death, and that the judge of the district (_pagus_) in which it had been committed should kill the ravisher, and leave his body on the public road. He also enacted that the homicide should have the same fate. "It is just," to quote the words of the law, "that he who knows how to kill should learn how to die." Robbery, attested by seven witnesses, also involved capital punishment, and a judge convicted of having let a noble escape, underwent the same punishment that would have been inflicted on the criminal. The punishment, however, differed according to the station of the delinquent. Thus, for the non-observance of Sunday, a Salian paid a fine of fifteen sols, a Roman seven and a half sols, a slave three sols, or "his back paid the penalty for him." At this early period some important changes in the barbaric code had been made: the sentence of death when once given had to be carried out, and no arrangements between the interested parties could avert it. A crime could no longer be condoned by the payment of money; robbery even, which was still leniently regarded at that time, and beyond the Rhine even honoured, was pitilessly punished by death. We therefore cannot have more striking testimony than this of the abridgment of the privileges of the Frankish aristocracy, and of the progress which the sovereign power was making towards absolute and uncontrolled authority over cases of life and death. By almost imperceptible steps Roman legislation became more humane and perfect, Christianity engrafted itself into barbarism, licentiousness was considered a crime, crime became an offence against the King and society, and it was in one sense by the King's hand that the criminals received punishment. From the time of the baptism of Clovis, the Church had much to do with the re-arrangement of the penal code; for instance, marriage with a sister-in-law, a mother-in-law, an aunt, or a niece, was forbidden; the travelling shows, n
PREV.   NEXT  
|<   246   247   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270  
271   272   273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   >>   >|  



Top keywords:
punishment
 

punished

 

authority

 

pitilessly

 

sovereign

 

progress

 

aristocracy

 

honoured

 

privileges

 
testimony

striking

 

abridgment

 

Frankish

 

regarded

 

arrangements

 

interested

 

parties

 
carried
 
sentence
 
leniently

robbery

 

longer

 

condoned

 

payment

 

Church

 

Clovis

 

baptism

 

criminals

 
received
 

arrangement


forbidden
 
travelling
 

instance

 
marriage
 
sister
 
mother
 

imperceptible

 

legislation

 
barbaric
 
absolute

uncontrolled
 

humane

 

perfect

 
considered
 
offence
 

society

 

licentiousness

 

barbarism

 

Christianity

 

engrafted