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Социально-правовой статус людей короля и церкви в Рипуарской правде: между рабством и свободой
This article’s objective is study of low social ranks of East Franks depending on the richest landowners, such as a king’s man (homo regius), a churchman (homo ecclesiasticus), and a Roman (homo Romanus). The main source of this research is laws of Ripuarian Franks (Lex Ribvaria), the legal text which firstly was promulgated by King of Franks Dagobert (629-639) and then was supplemented with new institutions all through the 7th-8th centuries. At last, the full text of Lex Ribvaria was completed and confirmed by Charlemagne in 802-803. The author pays his special attention to the issue of social ground of these ranks. He refuses the most popular opinion of scholars which stands on point of view that the basis of king’s men and churchmen consisted solely of former royal and church slaves as much as libertines and their children. Instead of this, he denotes those titles of Ripuarian law which soundly demonstrate an origin of king’s men and churchmen, formerly free but fallen in poverty and debt or in voluntary dependence on the king, his agents or monasteries. Making a comparison between punishments and compensations prescribed by law for free persons, king’s men and churchmen, he comes to the conclusion that life and physical health of a dependent man amounted to a half of the life value (wergeld) of a freeman. A degree of legal responsibility of king’s men and churchmen (participation in court action, making an oath, defence an action and their interests) evidences their integration in Austrasian society of the 7th century not as virtually incapable slaves or libertines but as former freemen whose rights and freedom were diminished because of poverty and dependence.