Western Civilization.p

130 Chapter 7

the great epic Beowulf(first written down about the year
1000), while Anglo-Saxon conversion to Christianity
was ably chronicled in the Ecclesiastical History of the Eng-
lish Peopleby Bede (d. 735).
Though politically fragmented, the Germanic
world was unified by its social and cultural similarities.
War chiefs provided leadership in battle and divided
the spoils among the comites,or warriors sworn to their
support. The more prominent leaders acquired landed
estates through conquest or through intermarriage with
older, non-Germanic families. In time they formed the
nucleus of an ethnically mixed aristocracy. The estates
continued to be farmed by colonior tenants, almost all
of whom were drawn from the original, preinvasion,
populations.
Poorer tribesmen held small allodsor freehold prop-
erties, which they worked with their nuclear families
and perhaps a slave or two. During the summer fighting

season, the women typically managed the farms. This

gave them a measure of independence unknown to

their Byzantine or Muslim sisters, but marriage laws

were loose and concubinage common. Kings and tribal

chieftains often remained openly polygamous even

while claiming to be Christian. The church devoted

some of its best efforts to modifying these customs but

had only modest success until the great religious re-

vivals of the eleventh and twelfth centuries.

Clerical attempts to restrain violence were even less

successful. Endemic warfare among the tribes and sub-

tribes reflected a society based firmly on the vendetta

or feud. As a result, Germanic legal codes developed an

elaborate system of fines as punishment for acts of vio-

lence. Their purpose had nothing to do with justice but

was intended to prevent feuds by compensating the

families of those who were killed or injured (see docu-

ment 7.4). Though this worked often enough within

DOCUMENT 7.4

Rape and Murder in Frankish Law

These excerpts from the law of the Salian Franks show how the as-

sessment of fines was based not only upon the presumed seriousness

of the crime but also upon the status of the victim. Note that while

rape was taken more lightly than murder, the murder of a pregnant

woman was regarded as far more serious than that of a free man.

The value of a woman was related almost solely to her fertility.

The higher fines for concealment may reflect a presumption of

premeditation.

Title XIII. Concerning Rape Committed by Freemen

1. If three men carry off a free born girl, they shall be
   compelled to pay 30 shillings.


2. If there are more than three, each shall pay 5 shillings.


3. But those who commit rape shall be compelled to pay
   2500 denars, which makes 63 shillings.
   Title XXIV. Concerning the Killing of Little Children and
   Women


4. If any have slain a boy under 10 years... and it shall
   have been proved on him, he shall be sentenced to
   24,000 denars, which is 600 shillings.


5. If any one have hit a free woman who is pregnant, and
   she dies, he shall be sentenced to 28,000 denars, which
   make 700 shillings.


6. If any one shall have killed a free woman after she
   has begun bearing children, he shall be sentenced to
   24,000 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 XLI. Concerning the Murder of Freemen
   
   
   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 any-
      thing else to conceal him, he shall be sentenced to
      24,000 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 24,000 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 72,000 denars, which make 1800 shillings.
   
   
   5. If any one have slain a Roman who eats at the king’s
      palace, and it be proved on him, he shall be sentenced
      to 12000 denars, which make 300 shillings.
   
   
   6. But if the Roman shall 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.
      Henderson, E. F. Select Historical Documents of the Middle Ages,
      pp. 176–189. London: G. Bell & Sons, 1892.