Salic truth was created at the end of the 5th century. The content of this document reflects the existing legal and social system that characterizes the transition of primitive society to a class one, the emergence of private property and property inequality. It is a collection of records of the ancient customs of coastal francs, written in Latin. It contains judicial cases which, as a result of their repeated repetition, have become customary. Includes Prologue, 65 titles and Epilogue.
Salic truth: a general characteristic
The collection was created as a judicial guide in the activities of judges. It did not include any systematic legal norms, it contained only specific incidents taken from life. The creation of this lawyer, in which the most common cases were enshrined, was necessary, since legal customs could vary depending on the area. They were less reliable.
One of the main tasks of Salic truth is the protection of private property. The collection contains a list of crimes and punishments for them. A crime (tort) was understood to mean harm, resentment caused to another person, as well as violation of the “royal peace”. And punishment meant compensation for a crime. Almost all types of punishments were commuted to a fine. Its main goal was to prevent blood feud. Salic truth also includes articles regulating civil law relations. This is art. 46, governing the transfer of ownership, and Art. 49, fixing the order of inheritance.
Salic truth: characteristic of punishments
During the creation of the collection in the Frankish kingdom lived 8 population groups. Depending on the person (victim) belonging to a particular group, the degree of punishment of the guilty party was determined. The most common punishment was a fine, which was considered the result of a settlement between the parties. It was divided into two parts - fide (the amount transferred to the victim as a ransom for blood feud) and fredum (the amount paid for the intervention by the state). There was also restitution, that is, the restoration or return of the violation, as well as reimbursement of costs.
The redemption price for killing a man was called the Wergeld. So, the life of a free franc was estimated at 200 solid. Salic truth equated a slave with a thing, his life was the cost of a horse or a bull, that is, 30 solid. A special group - semi-free litas, who were in a contractual relationship with the master, participated in military enterprises and in court, and at the same time they were tried according to the same rules as slaves - their lives were estimated at 100 solid. A considerable amount had to be paid for the murder of persons of a clerical rank. So, the death of a priest was estimated at 600 solidi, and the bishop - at 900.
Salic truth, in addition to the obligatory compensation for damage, provided for other punishments. For example, in the event of escape, the perpetrator was subject to the death penalty with confiscation of property. Corporal punishment was also applied to slaves .
No preliminary investigation was conducted. The judge limited himself to the evidence provided by the parties. Widely used by the Ordals (God's judgment). Tests of fire, iron and water were used. In the latter case, the accused was tied up and thrown into the river. If he was drowning, he was found not guilty. Other types of Ordalia were the oath and judicial duel. The latter was appointed if the defendant accused the plaintiff of a lie. In a duel, peasants fought on clubs, and nobles - on horses with weapons.
Salic truth is an important document for the study of existing relations, this is a real historical find, the source, which laid the foundation for the law of the feudal social system in Europe.