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Земляков М. В. Право раннего Средневековья в контексте эпохи: к вопросу о заимствованиях в тексте древнейшей редакции Салической правды
This article deals with the problem of influences exerted by ancient and medieval
legal and narrative sources on the Frankish law during the reign of king Clovis
(481–511). This issue hadn’t sufficient attention in contemporary scholarly works.
Among the sources, which could be available for Frankish officials and lawyers
composed the Laws of Salian Franks (Lex Salica), authors explains both the
Germanic sources (such as Code of Euric and Burgundian laws), and late Roman
codes been in use in Gaul territory in the 5th – 6th centuries (Breviary of Alaric and
some legal compilations), and even Celtic sources (The Welsh canons) and nonlegal texts (Exodus). Using the textual critisism, scholar proves that the biggest
volume of textual adoptions in Lex Salica was a result of the long-time relations and
collisions between the Franks and their southern neighbours – Burgundians and
Visigoths. Influence of the late Roman legal culture on the Laws of Salian Franks
was very close, namely it ends on the establishing of slave rank as “instrumentum
vocale” (cattle with voice). This state was a feature of all late Roman codes and
compilations based on it (such as Theodosian Code, Breviary of Alaric, Code of
Justinian). The profoundest influence of the Burgundian, Visigothic and (in a less
degree) late Roman laws on the Lex Salica was revealed in those titles, which are
concerned to the social structure in Northern Gaul of the end of 5th – early 6th
centuries. Firstly, it refers to the position of slaves in estate, degree of their legal
capability and participation of business with free persons, compensation for their
injuries and death. Then, some legal procedures of Burgundian laws (for example,
the order of returning of the person sold into slavery from abroad, paying of pledge
for a slave, which had been subjected to tortures on charges of third party) also had
been put in the Laws of Salian Franks. Finally, the influence of the Old Testament
(Exodus) and the so-called “Welsh canons” (Canones Wallici) can be find in the
case of sale and division of slave accused in the murder of servant of another person
between their owners.