CHAP. XIII.: Difference between the Salic Law, or that of the Salian Franks, and that of the Ripuarian Franks, and other barbarous Nations.

THE Salic law did not allow of the custom of negative proofs; that is, if a person brought a demand or charge against another, he was obliged by the Salic law to prove it, and it was not sufficient for the accused to deny it; which is agreeable to the laws of almost all nations.

The law of the Ripuarian Franks had quite a different spirit This relates to what Tacitus says, that the Germans had general and particular customs. ^†591; it was contented with negative proofs, and the person against whom a demand or accusation was brought, might clear himself, in most cases, by swearing, in conjunction with a certain number of witnesses, that he had not committed the crime laid to his charge. The number Law of the Ripuarians, tit. 6, 7, 8, and others. ^†592 of witnesses who were obliged to swear, increased in proportion to the importance of the affair; sometimes it amounted to Ibid. tit. 11, 12, and 17. ^†593 seventy-two. The laws of the Alemans, Bavarians, Thuringians, Frisians, Saxons, Lombards, and Burgundians, were formed on the same plan as those of the Ripuarians.

I observed, that the Salic law did not allow of negative proofs. There was It was when an accusation was brought against an Antrustio, that is, the king’s vassal, who was supposed to be possessed of a greater degree of liberty. See tit. 76. of the Pactus legis Salicæ. ^†594 one case, however, in which they were allowed; but even then they were not admitted alone, and without the concurrence of

positive proofs. The plaintiff See the 76th tit. of the Pactus legis Salicæ. ^†595 caused witnesses to be heard, in order to ground his action; the defendant produced also witnesses of his side; and the judge was to come at the truth, by comparing those testimonies According to the practice now followed in England. ^†596. This practice was vastly different from that of the Ripuarian, and other barbarous laws, where it was customary for the party accused to clear himself, by swearing he was not guilty, and by making his relations also swear that he had told the truth. These laws could be suitable only to a people remarkable for their natural simplicity and candour; we shall see presently that the legislators were obliged to take proper methods to prevent their being abused.