Page images
PDF
EPUB

To the electors the Golden Bull gave sovereign rights within their districts. No one could appeal from their decisions; tolls, coinage and treasure trove were to be their perquisites, and offences against their persons were to be punished as high treason. They were to have an important share in the government of the empire.

The Golden Bull is not a law which introduced new features into the constitution. It determined, however, a number of questions that had long been wavering and became an unquestioned authority that was appealed to for centuries. The election of an emperor took place according to its articles so long as the empire lasted. It is important to note that nothing is said concerning the right of the pope, which had been recognized by Louis of Bavaria, to confirm the election.

The Golden Bull was oppressive to the lesser nobility as well as to the cities. The princes who were not electors were now only of secondary rank, and it was probably at this time that one of them, Rudolf IVth, Duke of Austria, took the opportunity of forging privileges to raise his sinking prestige (see above, No. VII.). The regulations concerning Pfalburgers and confederations were a severe blow to civic pride-however expedient they may have been,-and the cities were driven into permanent opposition to the Thus the Golden Bull served to further a process of disintegration which was to lead almost to anarchy and to deaden all feeling of loyalty for the empire.

crown.

No. VI. is the formal charter which commemorates the founding of Heidelberg. The Elector of the Palatinate, Ruprecht I., had sent large sums of money to Rome to induce the Pope to confirm the foundation. This papal confirmation was not received until 1385 although the actual work of founding the university had long been in progress. It was the pope who commanded that the arrangement should be that of the Paris university, also that the

chancellor should regularly be the prevost of the cathedral at Worms.

Ruprecht was unwearying in his care for his new creation and often spoke of it as his "beloved daughter." The university was consecrated on the 18th of October 1386, and, on the 19th, Marsilius began to lecture on logic, Reginald on the epistle to Titus, Heilmann on the natural philosophy of Aristotle.

Up to the year 1390, when Ruprecht died, 1050 students had attended the university.

I.

THE SALIC LAW.

(Gengler, "Germanische Rechtsdenkmaeler," p. 267.) Title I. Concerning Summonses.

[ocr errors]

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 (solidi).

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.

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 cows 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.

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.

N

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.

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 one shall shillings.

pay 5

3. Those who shall have been present with boats shall be sentenced to three shillings.

4. But those who commit rape shall be compelled to pay 2500 denars, which make 63 shillings.

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 XV. Concerning Arson.

1. If any one shall set fire to a house in which men were sleeping, as many freemen as were in it can make complaint before the " Thing;" and if any one shall have been burned in it, the incendiary shall be sentenced to 2500 denars, which make 63 shillings.

« PreviousContinue »