Test #2 - The Franks Flashcards
1
Q
What is ‘Francisca’?
A
A throwing axe (root of Franks and France)
2
Q
What were the two main groupings of the Franks?
A
Salian Franks (West - Salty Franks)
Ripuarian Franks (East of the Rhine)
3
Q
Who are the Franks consolidated under?
A
The Merovingian Kings
- known as long hair kings as part of their divine nature was their hair (never cut it or shaved)
4
Q
Who was the first of the Merovingian Kings that we have proof of?
A
Childeric
5
Q
Who succeeded Childeric?
A
His 15 year old son, Clovis I
6
Q
What were the three moves that Clovis made to consolidate his power?
A
- Retained the Roman administrative staff
- Defeated Roman troops join his army
- Maintained friendly relations with the Catholic hierarchy
7
Q
IN 486, what did Clovis I do to retain power?
A
Defeated the Roman commander, Syagrius, at Soissons, and took over his land, title, money, offices, and army (came to power at 15 years old)
- only 1 Roman field army left in Gaul, at Soissons not far from Letitia (Paris)
- able to hold back Frankish expansion for a short period of time
8
Q
Who created the first written law code and what was it called?
A
C. 507-511 Clovis creates the first written Frankish law code = The Salic Laws (Pactus Legis Salicae)
9
Q
What were the main two types of religions of Franks?
A
- Mostly heathens/pagans
- Some Arian Christian (considered the wrong type of christians)
10
Q
In 493 CE, what did the Gallo-Roman bishops convince Clovis to do and what happened after?
A
493 CE Gallo-Roman bishops convince Clovis to marry Clotilda (a Catholic Burgundian princess)
- Burgundian in south-east Gaul and is far more “romanized”
- Frans began to convert to “Roman Catholic” Christianity
11
Q
What were the reasons for creating the Pactus Legis Salice (The Salic Law - first Frankish law code) ?
A
Frankish law was a customary, unwritten, oral tradition, handed down by the elders
Elders called together when needed to “speak the law” - left it open to interpretation and change
Justice in the hands of family and king - wanted to take this away to give King royal authority
Clovis realized this was not enough and that we need to create a law code
12
Q
What was the impact of the Salic Code in Frankish society?
A
507-511 Salic Code is written as a single code for all his subject peoples
- aided by Roman scribes and legal experts, under authority of Clovis
- focused heavily on “personality of law” where each person could claim the laws of their ancestors (ex. if no law about killing rabbits, will do what your ancestors used to do)
- anything outside of the Frankish code was covered by local custom (Gallo-Roman law, Burgundian Code) = this is very Roman
12
Q
How was the Pactus Legis Salicae organized?
A
Pactus Legis Salicae not terribly well organized or comprehensive
Long list of physical injuries with their associated fines
Minutely concerned with damages to domestic animals, orchards, vegetable gardens and fields (depending what vegetable you steal the fine is different)
12
Q
What did the Frankish Judicial System look like under Clovis I?
A
Before Clovis, no judicial system
- courts did not distinguish between civil and criminal law (all treated as civil for damages)
- no police force to bring accused to trial, person who was injured or their family was responsible for bringing the accused to court (state would not intervene, only provide a tribunal to have the dispute adjudicated)
13
Q
What ways could you show proof in a Frankish Court?
A
- Oath (comurgation)
- Ordeal
13
Q
How did slaves prove their innocence in court?
A
Courts prejudice that slaves are probably guilty
- must confess through torture or be sent to the ordeal (determined by law, not the court)
- ordeal for slaves is casting lots: 12 sticks, one is long and rest are short, you randomly pick one and if you are right you are innocent (idea that God will ensure you pick the right one)
- no oath helpers = believed they do not deserve them as they are property not people
13
Q
Explain how one proves innocence to court through the ordeal.
A
An appeal for divine intervention in the establishment of proof
Freedmen use ordeal of boiling water
1. plunge hand into cauldron of boiling water to retrieve a stone or other item (depth of water and object size varies based on crime)
2. Clean wound = innocent, dirty wound = guilty
- Psychological piece - if you are willing to go to ordeal and likely be very injured/die, people assume you are likely innocent
- If a good man, you usually had oath helpers. If suspicious reputation, you would go to the ordeal
13
Q
Explain how one proves innocence in court through the Oath.
A
- Accused and accuser offered their oath
- Both supported by a number of “oath takers” or “oath helpers”
- Number would depend on seriousness of the matter
- “Oath helpers” do not act as witnesses or give evidence, they just say if you are telling the truth
- They swear their oath to support the oath of the accuser
- Case is lost if any oath helpers refuse to give their oath, are hesitant or misspeak their oath
*most widely form of proof given in Frankish courts, very formal
14
Q
Why did Clovis over-collect taxes?
A
- used to reward retinue, retainers and administrators
- aided the church
- buy allegiance of others and rivals
15
Q
What legal changes did Charlemagne make during his rule?
A
Issued numerous instructions that dealt with many aspects of the law (called capitularies from the habit of dividing them into chapters)
- adding additions/chapters adds case law but doesn’t change them
16
Q
Define ‘Missi Dominici’
A
Those who are sent by the King that travel in pairs: one is a noble, one is a clergyman/churchman
*act as traveling judges
- they enforce justice, ensure taxes are collected and forwarded to the treasury, check that royal decrees are followed and laws are enforced appropriately, supervise work of the clergy
17
Q
Who was the King of the Franks from 768-814?
A
Charlemagne/Charles the Great
- son of Pepin
- co-ruled with brother Carloman until his death in 771
- was 26 when took power in 768
- great warrior and empire builder
- defeated all enemies, expanded Frankish lands and brought greater unity
- did not extend Frankish laws to new conquests
18
Q
What was created in 800 AD?
A
The Holy Roman Empire
- crowned Holy Roman Emperor by the Pope Leo III on Xmas day (he saved the pope from having his tongue and eyes cut out)
- this solidified the alliance of the Church and the Frankish state
19
Q
What are the two Chief Judicial Officers in each Frankish district called?
A
The Court and the Hundredman (thunginus/centenarius)
- they were royal appointees and judges
- only presided over and administered the courts
- unlike Roman judges, they had little to do with interpreting the law
20
How were matters of the law settled?
7 respected members of the community called rachimburgi were chosen to speak the law from the community that knew the traditional law
21
What happens when one wants to appeal to the King?
The case could be appealed to the King (almost insulting as ignoring courts decision, so you can only appeal for serious stuff)
- King is the head of the judicial system and the ultimate source of law
- Can ignore, interpret or modify written law
- King would travel around kingdom on
- Very symbolic act of the king as he was "bringing justice" to his subjects
22
What was the process for sentencing?
Rachimburgi spoke the law and announced the penalty set out in the code, which was usually a money payment or compensation
23
What was required for an acceptance of payment?
The injured had to be satisfied with the judgment
24
What happened if the payment was not accepted?
If not recompensed, he or the family could wreak vengeance on the offender or his family through a blood feud
25
What were laws attempting to do?
Keep the peace and avoid costly and socially disruptive blood feuds
26
Could you decline weregeld?
Yes, but if you did, you could not complain you wanted vengeance later on
27
How long did Clovis I's empire survive and how was it divided?
Clovis' empire and administration survives quite well into the 6th and 7th centuries. His empire was divided among his sons
- lots of rivalry between sons about power and land
- families fighting with eachother
- bishops throwing their political power around
- Christians would leave their property to the church
- Kings become ineffective as there are too many powerful people (invasions, subdividing power between kings)
28
Define Patricius Romanorum
Patrician of the Romans
*This was the first recorded time that a civil ruler was crowned by the Pope
29
In 754 Pope Stephen annointed Pepin and gave him what title?
Patricius Romanorum
30
Who is Pepin?
754 Pepin III (the younger/the short)
- son of Charles Martel
- was also "Mayor of the Royal Palace"
31
In 754, Pepin III did what?
Took power, aided by the Pope and the Catholic Church, from the weak Merovingian Dynasty
32
What happened in the 6th century when the land began to replace money as the main source of wealth?
Created a problem with land as you eventually run out, so how do you reward people? The Kings ran out of ways to reward/buy/influence others.
33
Who was Charles 'the hammer' Martel?
Mayor of the Royal Palace
- really powerful noble family, runs the empire for the Kings like CEOs of the company and hand of the King
- powerful military guy
34
What happened in the late 6th century when Charles Martel was commander of the Frankish army?
Moors (army of Islam) crossed the Pyrenees from Spain and began raiding Frankish lands
35
What is the Frankish currency and fine called?
Denarii and Solidi (roman empire, roman coins)
36
In 6th century Salic law, how much was 1 solidi?
40 denarii
37
What is the weregeld of a common Frank?
200 solidi
38
Define Chrenecrude
The obligation of your immediate and extended family/relatives to help you in paying a weregeld fine
39
What happens if you are summoned to court and you do not show up?
You pay a fine of 15 solidi for 'contempt of court'
40
If an innocent man is summoned to court but his accuser knows the accused cannot attend court, what happens to the accuser?
The accuser is fined 61 1/2 solidi (this is roughly 1/3 of the weregeld of a common Frank)
41
What is the death penalty for finding stolen goods hidden in your house, "under lock and key"?
Death
42
If someone accepts a bribe to conceal a theft, what are they guilty of?
Also found guilty of theft
43
What happens if you want to separate yourself from your kin?
Seen as very serious and is done before the Thunginus/Hundredmanin court
- involves breaking 4 sticks over your head, tossing them into the 4 corners of the court and declaring your independence to your kin
44
What crimes are hanging used for?
Serious crimes (theft, murder)
45
What happens if you take a living man down from the gallows (from hanging)?
200 solidi fine or death
No vindication or justice for the family
Results in a fine equivalent to the fine for the crime of the dead man
46
What is the penalty for finding stolen goods hidden in your house under lock and key?
Death
47
Why do you need to report all thefts to the courts?
Anyone who accepts a bribe to conceal a theft, is also guilty of theft
48
Under what circumstances can you not be summoned to court?
If you are away for trade, politics, war or court elsewhere
49
What is needed to declare someone a thief?
Testimony/oath of "five or six men in good faith intervening without enmity" is enough to declare someone a thief
A clear weight of evidence from good people much like a jury
A theft is declared an outlaw and put to death
50
What happens to a judge that releases a thief?
They are put to death as they are seen as an accomplice/bribed
They must enforce the law or face the same punishment
51
What happens to a man who unjustly requests a count to confiscate another's property and why?
Count who attempts to confiscate more then what was due will pay with his life or pay his weregeld
A corrupt Count reflects badly on the King
52
What happens to a group of men that abduct a free girl (marriage by abduction)?
Each will pay 30 solidi if there were only 3 abductors, and 5 solidi if there were more than 3
The abductor who grabbed her first will pay 62 1/2 solidi
53
What happens to a girl that runs off with a slave?
She will be made a slave
54
What happens if a free man takes another man's female slave?
He will be made the slave of the female's slave owner
55
What happens in an incestuous marriage?
It will be dissolved and the children cannot inherit from their parents (they are considered illegitimate)
56
What happens if a man wants to marry a widow?
He must present himself before the Thunginus or Hundredman court, with a shield, 3 solidi, 1 denarius and 3 witnesses
Shield = symbolic of man's status as a free man, warrior and ability to protect her
Solidi and denarius = her mundyrd price
3 witnesses: to observe the proceedings
57
What happens to a woman who marries her own slave and those who help her?
The woman loses all her property to the fisc and is made an outlaw
Anyone who helps her is fined 15 solidi
If one of her relatives kill her, there is no penalty
Considered a great social sin against herfamily, affront (offence) to rank and status
The slave will be tortured to death on the wheel
58
What is the fine for marrying another man's wife?
200 solidi
59
Define raptus
Abduction and rape with violence
60
What happens to someone guilty of raptus?
Put to death, cannot buy their way out of the crime and cannot seek sanctuary in a church
61
How does inheritance work in Frankish law (Allodial Lands)?
Always run through the father's line of family first and keeps land in the male line of the family
Males always get the family land (and possibly property)
Females can only inherit property/goods, not land (only get it as a last resort if there are no male relatives)
62
What is the process of Acfatmire (transfer of property by adoption of a Heir)?
Heirs must be adopted in front of the Thunginus/Hundredman at court by an act of Acfatmire
Father brings a shield to court (free man, warrior, able to protect son)
3 witnesses ask both parties 3 times if they want to go through with the adoption
Throw a stick into the adopted son's lap (join the family tree) and state how much land he gets
Son then lives in father's house, uses the land and invites guests into the house to share meals (lives as his son, not servant)
Adoption formalized after 1 year
63
What happens if a man attacks another man's farm (Waylaying or robbery)
Man is fined 62 1/2 solidi for each attacker
Farms more isolated and more vulnerable, therefore, attack shows premeditation and evil intent
Bringing a cart to a farm, breaking doors, wounding men and killing dogs increases the fine to 200 solidi = because it shows intent to take a large amount (robbery with violence)
64
What is the fine for robbing a corpse before burial?
100 solidi
65
What is the fine for digging up a corpse to rob it?
200 solidi
66
What is the fine for killing a freeman?
200 solidi (weregeld of a common Frank)
67
What is the fine for abducting the wife of another man?
200 solidi
68
What is the fine for attempt at murder/wound from an attempted murder?
62 1/2 solidi
69
What happens if a man dies from drinking magic potions/herbs or having a magic spell cast on them?
200 solidi
70
What is the fine for killing a "long-haired boy under the age of 12"?
600 solidi (3x normal weregeld)
Because long hair is a symbol of being a minor and cannot properly defend himself
12 was the age of majority for males and females
71
What is the fine for cutting the hair of a minor boy, without parents consent?
45 solidi (making a minor look like an adult)
72
What is the fine for striking and killing a pregnant free woman by accident?
300 solidi
73
What is the fine for striking a pregnant free woman so that the fetus dies in the womb or 9 days after its birth?
100 solidi
74
What is the fine for intentionally killing a free woman "after she has begun to bear children" (in her fertile years)
600 solidi
Fine returns to 200 solidi "past middle age" (after she can no longer bear children)
75
What is the fine for cutting off a man's second finger and why?
35 solidi because he cannot draw a bow or hold an arrow and be an archer
76
What is the fine for cutting of the three fingers after the pointer finger of a man and why?
45 solidi because he cannot hold a sword or shield and be a warrior
77
What does it mean when you call someone a rabbit and what is the fine (insults)?
Rabbit = coward, scared, timid
3 solidi
78
How do you call someone a coward in battle and what is the fine?
Throwing down a shield
3 solidi
79
What is the common weregeld for a Roman rentholder?
62 1/2 solidi
80
What is the common weregeld for a Roman landholder?
100 solidi
81
What is the common weregeld of a Frank?
200 solidi
82
What is the common weregeld for a member of the King's household?
300 solidi
83
What is the common weregeld for a King's Antrustion (member of his Retinur of bodyguard)?
600 solidi
84
What is the fine for hiding a body in a well or a body of water that covers it up in any way and why?
600 solidi because indicates intent and guilt/no permit proper Christian burial
85
What is the fine for killing a man found at a crossroads without hands or feet and why?
100 solidi because injuries and location indicates he has committed some major crime and has been punished by his enemies in a blood feud.
Law assumes you committed a "mercy killing". Only 100 solidi since the man was already "half dead".
86
What is the fine for removing a dead man from the gallows, without permission and why?
45 solidi
because the body is not only there to show that justice has been done, but also as a deterrent
87
What is the fine for removing the head of a dead man on a stick/post where it has been placed by his enemies, without permission and why?
15 solidi
because head is not only there to show justice has been done, but for the deterrent effect/man was probably an outlaw
88
What is the punishment for killing a man at a banquet of up to seven men and why?
Must convict one of their own group as the killer, or all will pay for the killing
because small group of men will know who committed the murder
If more than 7 present, only the one proven to be the actual killer will pay. In a larger group, they may not know who committed the murder
89
Define Sagilbaron
Sage Baron or councillor
90
What is the fine for killing a sagilbaron?
300 solidi
91
What is the fine for killing a pregnant woman?
600 solidi
92
What is the fine for killing a pregnant woman carrying a male fetus?
Increased by an additional 600 solidi from 100 solidi
93
What is the fine for killing an Antustion or woman of equal rank, and hiding or cremating the body?
1800 solidi because weregeld 3x that of a common Frank (higher status), and hiding the body triples that weregeld
94
What is the fine for trying to kill a man either by drowning and hiding the body in a well, or leaving a man trapped in a pit?
If the victim was found alive in the well, but could not escape from the well on his own, the fine is 200 solidi (attempted murder)
If victim is found dead in the well, the fine is 600 solidi (murder and hiding the body)
95
What is the fine for striking a pregnant woman that dies with a female fetus and why?
2400 solidi - you kill a child bearer and future child bearer
*Highest fine in Frankish law
96
What is the punishment for murder and what is the fine for those to aid them?
Murderers must be put to death, cannot buy their way out of the crime, and anyone who aids them pays their weregeld as a fine
97
Define Brandea
Ordinary objects, but had become holy "relics" by coming into contact with holy places or people. Most commonly found in the first of the Christian era
98
Define bodily relics
Actual body parts of a saint (hair, teeth, bones, skin etc.)
Became popular in the 8th century
99
What are some examples of relics?
Brain of St. Peter (was actually a pumice stone)
Blood, hair and teeth of Christ
Pieces of cloth from garments worn by Christ and the Virgin Mary
A piece of the True Cross
The head of John the Baptist (at least 3 different churches had this)
100
What is the fine for stealing pigs?
Ranges from 3-45 solidi, plus damages for "loss of its use"
Fines increased based on degree/depth of trespassing onto property to steal the animal
Highest fine of 45 solidi for stealing a pig from a locked pigsty (most valuable/largest pig/also shows degree of trespassing and intent)
101
What is the fine for stealing a slave?
Stealing and killing a female slave is 30 solidi
Fine is less for a male slave, even much less for a free woman
Female slave's value is in the physical work she can do, not her value as a child bearer
102
What is the fine for duplicating a key to a lock (theft or housebreaking by freeman) and why>
45 solidi
because shows intent and planning, a 'pick lock' is a threat to everyone, also crime may go undiscovered for a while
103
What is the punishment for slaves who steal?
Slaves who steal something of lesser value (ie. 1/20 of a solidi) are either lashed 120 times or their load pays 3 solidi fine
104
What is the fine for theft of a boat for simple use?
3 solidi
considered joyriding (crossing a stream/river)
105
What is the fine for stealing the bell from a heard of pigs and why?
15 solidi plus damages for loss of use
because pigs are small and fast, so can be easily lost
106
What is the fine for walking through someone's house without permission?
30 solidi
to avoid conflict and respect property - early form of trespass law
107
What is the fine for robbing a corpse before burial?
62 1/2
108
What is the fine for despoiling or destroying a burial mount (not touch or rob corpse) and why?
15 solidi
because these burials are also pagan customs so the fine is less than for a Christian burial
109
What is the punishment for digging up a corpse and robbing/damaging it?
Being made an outlaw, however, victim's family can determine a just fine in order to remove the status of the outlaw
110
What is the fine for plundering a shrine and why?
30 solidi, plus its value, plus "loss of its use"
because shrines often hold holy relics or the remains of saints (pilgrimage destinations)
111
What is the fine for burning down a church with relics?
200 solidi, plus its value, plus "loss of its use"
112
Why can't you attempt to conceal a theft by bribing the victim, a witness, etc?
Makes all parties guilty of theft, do not cover up crimes, must follow due process in court
113
What is the punishment for being found with stolen goods in your house and under lock and key and why?
Death
High penalty for circumstantial evidence, hiding stolen goods under lock and key is proof enough of intent
114
What is the fine for failing to support a judge or court authority to arrest an "Evildoer"?
60 solidi
because refused to answer "hue and cry" and join the posse
