The Salic Law

Title I. Concerning Summonses

1. If any one be summoned before the“Thing” by the king's law, and do not come he shall be sentenced to 600 denars, which make 15 shillings (solid).

2. But he who summons another, and does not come himself, shall, if a lawful impediment have not delayed him, be sentenced to 15 shillings, to be paid to him whom he summoned.

3. And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court.

4. But if he be occupied in the king's service he can not summon him.

5. But if he shall be inside the hundred seeing about his own affairs, he can summon him in the manner explained above.

Title II . Concerning Thefts of Pigs etc

1. If any one steal a sucking pig, and it be proved against him, he shall be sentenced to 120 denars, which make three shillings.

2. If any one steal a pig that can live without its mother, and it be proved on him, he shall be sentenced to 40 denars — that is, 1 shilling.

……

14. If any one steal 25 sheep where there were no more in that flock, and it be proved on him, he shall be sentenced to 2500 denars — that is, 62 shillings.

Title III. Concerning Thefts of Cattle

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4. If any one steal that bull which rules the herd and never has been yoked, he shall be sentenced to 1800 denars, which make 45 shillings.

5. But if that bull is used for the coves of three villages in common, he who stole him shall be sentenced to three times 45 shillings.

6. If any one steal a bull belonging to the king he shall be sentenced to 3600 denars, which make 90 shillings.

Title IV. Concerning Damage Done among Crops or in any Enclosure

1. If any one finds cattle, or a horse, or flocks of any kind in his crops, he shall not at all mutilate them.

2. If he do this and confess it, he shall restore the worth of the animal in place of it, and shall himself keep the mutilated one.

3. But if he have not confessed it, and it have been proved on him, he shall be sentenced, besides the value of the animal and the fines for delay, to 600 denars, which make 15 shillings.

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Title XI . Concerning Thefts or Housebreakings of Freemen

1. If any freeman steal, outside of the house, something worth 2 denars, he shall be sentenced to 600 denars, which make 15 shillings.

2. But if he steal, outside of the house, something worth 40 denars, and it be proved on him, he shall be sentenced, besides the amount and the fines for delay,to 1400 denars, which make 35 shillings.

3. If a freeman break into a house and steal something worth 2 denars, and it be proved on him, he shall be sentenced to 15 shillings.

4. But if he shall have stolen something worth more than 5 denars, and it have been proved on him, he shall be sentenced, besides the worth of the object and the fines for delay, to 1400 denars, which make 35 shillings.

5. But if he have broken, or tampered with, the lock, and thus have entered the house and stolen anything from it, he shall be sentenced, besides the worth of the object and the fines for delay, to 1800 denars, which make 45 shillings.

6. And if he have taken nothing, or have escaped by flight, he shall, for the housebreaking alone, be sentenced to 1200 denars, which make 30 shillings.

Title XII. Concerning Thefts or Housebreakings on the Part of Slaves

1. If a slave steal, outside of the house, something worth two denars, he shall, besides paying the worth of the object and the fines for delay, be stretched out and receive 120 blows.

2. But if he steal something worth 40 denars, he shall either be castrated or pay 6 shillings. But the lord of the slave who committed the theft shall restore to the plaintiff the worth of the object and the fines for delay.

…….

5. But if they have carried off that girl from behind lock and key, or from the spinning room, they shall be sentenced to the above price and penalty.

6. But if the girl who is carried off be under the king's protection, then the“frith” (peace-money) shall be 2500 denars, which make 63 shillings.

7. But if a bondsman of the king, or a leet, should carry off a free woman, he shall be sentenced to death.

8. But if a free woman have followed a slave of her own will, she shall lose her freedom.

9. If a freeborn man shall have taken an alien bondswoman, he shall suffer similarly.

10. If any body take an alien spouse and join her to himself in matrimony, he shall be sentenced to 2500 denars, which make 63 shillings.

Title XIV . Concerning Assault and Robbery

1. If any one have assaulted and plundered a free man, and it be proved on him, he shall be sentenced to 2500 denars, which make 63 shillings.

2. If a Roman have plundered a Salian Frank, the above law shall be observed.

3. But if a Frank have plundered a Roman, he shall be sentenced to 35 shillings.

4. If any man should wish to migrate, and has permission from the king, and shall have shown this in the public“Thing; ” whoever, contrary to the decree of the king, shall presume to oppose him, shall be sentenced to 8000 denars, which make 200 shillings.……

Title XVII. Concerning Wounds

1. If any one have wished to kill another person, and the blow have missed, he on whom it was proved shall be sentenced to 2500 denars, which make 63 shillings.

2. If any person have wished to strike another with a poisoned arrow, and the arrow have glanced aside, and it shall be proved on him; he shall be sentenced to 2500 denars, which make 63 shillings.

3. If any person strike another on the head so that the brain appears, and the three bones which lie above the brain shall project, he shall be sentenced to 1200 denars, which make 30 shillings.

4. But if it shall have been between the ribs or in the stomach, so that the wound appears and reaches to the entrails, he shall be sentenced to 1200 denars — which make 30 shillings — besides five shillings for the physician's pay.

5. If any one shall have struck a man so that blood falls to the floor, and it be proved on him, he shall be sentenced to 600 denars, which make 15 shillings.

6. But if a freeman strike a freeman with his fist so that blood does not flow, he shall be sentenced for each blow — up to 3 blows — to 120 denars, which make 3 shillings.

Title XVIII. Concerning him who, Before the King, Accuses an Innocent Man

If any one, before the king, accuse an innocent man who is absent, he shall be sentenced to 2500 denars, which make 63 shillings.

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Title XXIV . Concerning the Killing of little Children and Women

1. If any one have slain a boy under 10 years — up to the end of the tenth — and it shall have been proved on him, he shall be sentenced to 24000 denars, which make 600 shillings.

3. If any one have hit a free woman who is pregnant and she dies, he shall be sentenced to 28000 denars, which make 700 shillings.

6. If any one have killed a free woman after she has begun bearing children, he shall be sentenced to 24000 denars, which make 600 shillings.

7. After she can have no more children, he who kills her shall be sentenced to 8000 denars, which make 200, shillings.

Title XXX . Concerning Insults

3. If any one, man or woman, shall have called a woman harlot, and shall not have been able to prove it, he shall be sentenced to 1800 denars, which make 45 shillings.

4. If any person shall have called another“fox, ” he shall be sentenced to 3 shillings.

5. If any man shall have called another“hare, ” he shall be sentenced to 3 shillings.

6. If any man shall have brought it up against another that he have thrown away his shield, and shall not have been able to prove it, he shall be sentenced to 120 denars, which make 3 shillings.

7. If any man shall have called another“spy” or“perjurer, ” and shall not have been able to prove it, he shall be sentenced to 600 denars, which make 15 shillings.

Title XXXIII. Concerning the Theft of Hunting Animals

2. If any one have stolen a tame marked stag (-hound? ), trained to hunting, and it shall have been proved through witnesses that his master had him for hunting, or had killed with him two or three beasts, he shall be sentenced to 1800 denars, which make 45 shillings.

Title XXXIV . Concerning the Stealing of Fences

1. If any man shall have cut 3 staves by which a fence is bound or held together, or have stolen or cut the heads of 3 stakes, he shall be sentenced to 600 denars, which make 15 shillings.

2. If any one shall have drawn a harrow through another's harvest after it has sprouted, or shall have gone through it with a waggon where there was no road, he shall be sentenced to 120 denars, which make 3 shillings.

3. If any one shall have gone, where there is no way or path, through another's harvest which has already become thick, he shall be sentenced to 600 denars, which make 15 shillings.

Title XLI . Concerning the Murder of Free Men

1. If any one shall have killed a free Frank, or a barbarian living under the Salic law, and it have been proved on him, he shall be sentenced to 8000 denars.

2. But if he shall have thrown him into a well or into the water, or shall have covered him with branches or anything else, to conceal him, he shall be sentenced to 24000 denars, which make 600 shillings.

3. But if any one has slain a man who is in the service of the king, he shall be sentenced to 24000 denars, which make 600 shillings.

4. But if he have put him in the water or in a well, and covered him with anything to conceal him, he shall be sentenced to 72000 denars, which make 1800 shillings.

5. If any one have slain a Roman who eats in the king's palace, and it have been proved on him, he shall be sentenced to 12000 denars, which make 300 shillings.

6. But if the Roman shah not have been a landed proprietor and table companion of the king, he who killed him shall be sentenced to 4000 denars, which make 100 shillings.

7. But if he shall have killed a Roman who was obliged to pay tribute, he shall be sentenced to shillings.

9. If any one have thrown a free man into a well, and he have escaped alive, he (the criminal) shall be sentenced to 4000 denars, which make 100 shillings.

Title XLV . Concerning Migrators

1. If any one wish to migrate to another village and if one or more who live in that village do not wish to receive him, -if there be only one who objects, he shall not have leave to move there.

2. But if he shall have presumed to settle in that village in spite of his rejection by one or two men, then some one shall give him warning. And if he be unwilling to go away, he who gives him warning shall give him warning, with witnesses, as follows: I warn thee that thou mayst remain here this next night as the Salic law demands, and I warn thee that within 10 nights thou shalt go forth from this village. After another 10 nights he shall again come to him and warn him again within 10 nights to go away. If he still refuse to go, again 10 nights shall be added to the command, that the number of 30 nights may be full. If he will not go away even then, then he shall summon him to the“Thing, ”and present his witnesses as to the separate commands to leave. If he who has been warned will not then move away, and no valid reason detains him, and all the above warnings which we have mentioned have been given according to law: then he who gave him warning shall take the mutter into his own hands and request the“comes” to go to that place and expel him. And because he would not listen to the law, that man shall relinquish all that he has earned there, and, besides, shall be sentenced to 1200 denars, which make 30 shillings.

3. But if anyone have moved there, and within 12 months no one have given him warning, he shall remain as secure as the other neighbours.

Title XLVL Concerning Transfers of Property

1. The observance shall be that the Thunginus or Centenarius shall call together a“Thing, ” and shall have his shield in the“Thing, ” and shall demand three men as witnesses for each of the three transactions. He (the owner of the land to be transferred) shall seek a man who has no connection with himself, and shall throw a stalk into his lap. And to him into whose lap he has thrown the stalk he shall tell, concerning his property, how much of it-or whether the whole or a half-he wishes to give. He in whose lap he threw the stalk shall remain in his (the owner's) house, and shall collect three or more guests, and shall have the property — as much as is given him — in his power. And, afterwards, he to whom that property is entrusted shall discuss all these things with the witnesses collected afterwards, either before the king or in the regular“Thing, ” he shall give the property up to him for whom it was intended. He shall take the stalk in the“Thing, ” and, before 12 months are over, shall throw it into the lap of him whom the owner has named heir; and he shall restore not more nor less, but exactly as much as was entrusted to him.

2. And if any one shall wish to say anything against this, three sworn witnesses shall say that they were in the“Thing” which the“Thunginus” or“Centenarius”called together, and that they saw that man who wished to give his property throw a stalk into the lap of him whom he had selected. They shall name by name him who threw his property into the lap of the other, and, likewise, shall name him whom he named his heir. And three other sworn witnesses shall say that he in whose lap the stalk was thrown had remained in the house of him who gave his property, and had there collected three or more guests and that they had eaten porridge at table, and that he had collected those who were bearing witness, and that those guests had thanked him for their entertainment. All this those other sworn witnesses shall say, and that he who received that property in his lap in the“Thing” held before the king, or in the regular public“Thing, ”did publicly, before the people, either in the presence of the king or in public“Thing” — namely on the Mallberg, before the“Thunginus” — throw the stalk into the lap of him whom the owner had named as heir. And thus 9 witnesses shall confirm all this.

Title L . Concerning Promises to Pay

1. If any freeman or feet have made to another a promise to pay, then he to whom the promise was made shall, within 40 days or within such term as was agreed when he made the promise, go to the house of that man with witnesses, or with appraisers. And if he (the debtor) be unwilling to make the promised payment, he shall be sentenced to 15 shillings above the debt which he had promised.

2. If he then be unwilling to pay, he (the creditor) shall summon him before the“Thing”; and thus accuse him:“I ask thee, ‘Thunginus, ' to bann my opponent who made me a promise to pay and owes me a debt.” And he shall state how much he owes and promised to pay. Then the“Thunginus” shall say:“I bann thy opponent to what the Salic law decrees.” Then he to whom the promise was made shall warn him (the debtor) to make no payment or pledge of payment to any body else until he have fulfilled his promise to him (the creditor). And straightway on that same day before the sun sets, he shall go to the house of that man with witnesses, and shall ask if he will pay that debt. If he will not, he (the creditor) shall wait until after sunset; then, if he have waited until after sunset, 120 denars, which make 3 shillings shall be added on to the debt. And this shall be done up to 3 times in 3 weeks. And if at the third time he will not pay all this, it (the sum) shall increase to 360 denars, or 9 shillings: so, namely, that, after each admonition or waiting until after sunset, 3 shillings shall be added to the debt.

3. If any one be unwilling to fulfil his promise in the regular assembly, -then he to whom the promise was made shall go the count of that place, in whose district he lives, and shall take the stalk and shall say: oh count, that man made me a promise to pay, and I have lawfully summoned him before the court according to the Salic law on this matter; I pledge thee myself and my fortune that thou may'st safely seize his property. And he shall state the case to him, and shall tell how much he (the debtor) had agreed to pay. Then the count shall collect suitable bailiffs, and shall go with them to the house of him who made the promise and shall say: thou who art here present pay voluntarily to that man what thou didst promise, and choose any two of those bailiffs who shall appraise that from which thou shalt pay; and make good what thou cost owe, according to a just appraisal. But if ho will not hear, or be absent, then the bailiffs shall take from his property the value of the debt which he owes. And, according to the law, the accuser shall take two thirds of that which the debtor owes, and the count shall collect for himself the other third as peace money; unless the peace money shall have been paid to him before in this same matter.

4. If the count have been appealed to, and no sufficient reason, and no duty of the king, have detained him-and if he have put off going, and have sent no substitute to demand law and justice: he shall answer for it with his life, or shall redeem himself with his“wergeld.”

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Title LV . Concerning the Plundering of Corpses

2. If any one shall have dug up and plundered a corpse already buried, and it shall have been proved on him, he shall be outlawed until the day when he comes to an agreement with the relatives of the dead man, and they ask for him that he be allowed to come among men. And whoever, before he come to an arrangement with the relative, shall give him bread or shelter — even if they are his relations or his own wife — shall be sentenced to 600 denars which make xv shillings.

3. But he who is proved to have committed the crime shall be sentenced to 8000 denars, which make 200 shillings.

Title LVI . Concerning Him Who Shall Have Scorned to Come to Court

1. If any man shall have scorned to come to court, and shall have put off fulfilling the injunction of the bailiffs, and shall not have been willing to consent to undergo the fine, or the kettle ordeal, or anything prescribed by law: then he (the plaintiff) shall summon him to the presence of the king. And there shall be 12 witnesses who at time being sworn shall testify that they were present when the bailiff enjoined him (the accused) either to go to the kettle ordeal, or to agree concerning the fine; and that he had scorned the injunction. Then 3 others shall swear that they were there on the day when the bailiffs enjoined that he should free himself by the kettle ordeal or by composition; and that 40 days after that, in the“mallberg, ” he (the accuser) had again waited until after sunset, and that he (the accused) would not obey the law. Then he (the accuser) shall summon him before the king for a fortnight thence; and three witnesses shall swear that they were there when he summoned him and when he waited for sunset. If he does not then come, those 9, being sworn, shall give testimony as we have above explained. On that day likewise, if he do not come, he (the accuser) shall let the sun go down on him, and shall have 3 witnesses who shall be there when he waits till sunset. But if the accuser shall have fulfilled all this, and the accused shall not have been willing to come to any court, then the king, before whom he has been summoned, shall withdraw his protection from him. Then he shall be guilty, and all his goods shall belong to the fisc, or to him to whom the fisc may wish to give them. And whoever shall have fed or housed him — even if it were his own wife — shall be sentenced to 600 denars, which make 15 shillings; until he (the debtor) shall have made good all that has been laid to his charge.

Title LVII. Concerning the“Chrenecruda”

1. If any one have killed a man, and, having given up all his property, has not enough to comply with the full terms of the law, he shall present 12 sworn witnesses to the effect that, neither above the earth nor under it, has he any more property than he has already given. And he shall afterwards go into his house, and shall collect in his hand dust from the four corners of it, and shall afterwards stand upon the threshold, looking inwards into the house. And then, with his left hand, he shall throw over his shoulder some of that dust on the nearest relative that he has. But if his father and (his father's) brothers have already paid, he shall then throw that dust on their (the brothers') children — that is, over three (relatives) who are nearest on the father's and three on the mother's side. And after that, in his shirt, without girdle and without shoes, a staff in his hand, he shall spring over the hedge. And then those three shall pay half of what is lacking of the compounding money or the legal fine; that is, those others who are descended in the paternal line shall do this.

2. But if there be one of those relatives who has not enough to pay his whole indebtedness, he, the poorer one, shall in turn throw the“chrenecruda” on him of them who has the most, so that he shall pay the whole fine.

3. But if he also have not enough to pay the whole then he who has charge of the murderer shall bring him before the“Thing, ” and afterwards to 4 Things in order that they (his friends) may take him under their protection. And if no one have taken him under his protection — that is, so as to redeem him for what he can not pay- then he shall have to atone with his life.

Title LIX . Concerning Private Property

1. If any man die and leave no sons, if the father and mother survive, they shall inherit.

2. If the father and mother do not survive, and he leave brothers or sisters, they shall inherit.

3. But if there are none, the sisters of the father shall inherit.

4. But if there are no sisters of the father, the sisters of the mother shall claim that inheritance.

5. If there are none of these, the nearest relatives on the father's side shall succeed to that inheritance.

6. But of Salic land no portion of the inheritance shall come to a woman: but the whole inheritance of the land shall come to the male sex.

Title LXII. Concerning Wergeld

1. If any one's father have been killed, the sons shall have half the compounding money (wergeld); and the other half the nearest relatives, as well on the mother's as on the father's side, shall divide among themselves.

2. But if there are no relatives, paternal or maternal that portion shall go to the fisc.

一 文獻出處

Ernest F. Henderson, ed. and trans.,The Salic Law,New York, 1965, pp.176-189.

二 文獻導讀

《薩利克法典》是薩利克人首領克洛維在法蘭克王國建立之初頒布的法典。

墨洛溫王朝奠基后，為了將原來的部落習慣與王國統治秩序結合起來，克洛維命人將以往薩利克部族中通行的各種習慣法做一調整，匯編為法律，并在6世紀初頒布。《薩利克法典》反映了當時法蘭克農村社會分化和封建化萌生的狀況。

從這部法典中可以看出，五六世紀時農業是主要經濟部門，畜牧、果木栽培也很普遍，薩利克人已廣泛使用鐵制農具，知道施肥、除草，并出現了休耕制。馬爾克農村公社和王室地主兩種土地所有制同時存在。

以血緣關系為紐帶的氏族公社逐漸解體，轉化為以村居地緣為紐帶的土地公有私用的馬爾克農村公社，是這一時期新興的“蠻族”封建王國農村社會的基本特征。在馬爾克內部，房屋及宅旁園地已為各戶私有，耕地也不再在各戶間定期分配，而逐漸轉化為世襲占有的財產，但不得買賣轉讓。耕地之外的森林、牧場、池塘、荒地等則仍為全馬爾克所有，各戶都可使用。馬爾克成員是彼此平等的自由人，他們定期集會，選舉公職人員，制定大家共同遵守的法規，并裁決成員間的糾紛，對違法者加以處罰。馬爾克是原始公社發展的最后階段。由于內部私有勢力的演進、小農經濟的孱弱和外部封建主的兼并的影響，馬爾克逐漸解體，封建制由此而得以成長。

《薩利克法典》反映的正是這一歷史發展的征兆和趨勢，如第45章“關于遷移”的規定：有人若想遷入其他村莊，有一人反對就不能遷入，如不顧再三警告強行遷入，則罰款30金幣；只有住滿12個月且無人反對者，才享有居住權。這項規定說明，氏族聯系雖然存在，但村子里已有外來移民居住，這是生產和交換發展以及長期遷徙和征戰的必然結果，說明以血緣關系為紐帶的氏族公社逐漸被以地域關系為主的農村公社取代。在馬爾克公社里，動產如牲畜、奴隸、糧食等的私有制相當發達，住宅和宅旁園地已成為私有財產，如有人侵犯則要罰款，法典里關于這類罰款的規定比比皆是。耕地屬公社所有，由社員世代耕種，不再重新分配。法典第59章明文規定：土地無論如何不得傳給女性，而應全部傳給男性，即兄弟。其目的就是防止土地轉讓。由此可見，社員對土地的支配權是有限的；土地不是自由支配的私有財產，公社只是把它交給社員耕種，除不再重新分配外，對其他權利一點沒有放棄。收獲以后，耕地上的籬笆必須拆除，耕地成為公共牧場。至于森林、牧場、河流、荒地等都是公社的集體財產。然而，既然土地不再重新分配，土地向私有方向發展就是不可避免的。因此，到了7世紀初，土地可以自由買賣，成為自主地，即成為對農村公社負有一定義務（如收割后成為公共牧場）的私有財產。這一狀況為土地占有權的轉移和封建制的成長打開了大門。

《薩利克法典》還顯示了許多氏族時代的遺風，如法典第44章規定，若寡婦再嫁，其外甥、外孫、舅父比前夫親屬享有取得聘禮的優先權。第58章規定，若殺人犯交不起罰款，經過確認和一定的手續，其父母兩系近親有義務代為繳納。《薩利克法典》表明，法蘭克人中也出現了明顯的階級分化。窮人、還不起債務的人和有錢人，經過一定的手續可以脫離親屬關系。殺死一個自由法蘭克人罰款200金幣，殺死半自由人和羅馬農民罰款100金幣，殺害貴族則要罰款300~600金幣，而盜走一個奴隸同盜走一匹馬或役畜一樣僅罰款30金幣。法典第41章指出，一些高盧的羅馬大地主也保住了自己的財產和特權，他們甚至可以“與國王共桌”，償命金高達300金幣，遠高于普通的法蘭克人。他們與法蘭克貴族一起構成了新興的封建主階級。法律還列舉了各種違法犯罪應該處以的賠償金數額，規定受害者所得到的賠償金的1/3應交給王室。

《薩利克法典》為法蘭克王國乃至日后的加洛林帝國的統治奠定了法律基礎，對中世紀歐洲各國的立法多有影響。

三 延伸閱讀

Fouracre, Paul, and Richard A. Gerberding,Late Merovingian France:History and Hagiography,640-720,Manchester,1996.

Geary,P.J.,Before France and Germany:The Creation and Transformation of the Merovingian World,Oxford,1988.

Wood,I.N.,The Merovingian Kingdoms,450-751,New York,1994.