Page:EB1911 - Volume 24.djvu/83

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SALICYLIC ACID
69

was a personal law; it applied only to the Salian Franks. As the Salians, however, were the victorious race, the law acquired an authority in excess of the other barbarian laws, and in the additions made to the Ripuarian, Lombard, and other allied laws, the Carolingians endeavoured to bring these laws into harmony with the Salic Law. Moreover, many persons, even of foreign race, declared themselves willing to live under the Salic Law. The principle of personality, however, gradually gave wary to that of territoriality; and in every district, at least north of the Loire, customs were formed in which were combined in varying proportions Roman law, ecclesiastical law and the various Germanic laws. So late as the 10th and 11th centuries we find certain texts invoking the Salic Law, but only in a vague and general way; and it would be rash to conclude from this that the Salic Law was still in force.

Of the numerous editions of the Salic Law only the principal ones can be mentioned: J. M. Pardessus, Loi salique (Paris, 1843), 8 texts; G. Waitz, Das alte Recht der salischen Franken (1846), text of the first version; J. F. Behrend, Lex Salica (1873; 2nd ed., Weimar, 1897); J. H. Hessels, Lex Salica: the Ten Texts with the Glosses, and the Lex Emendata, with notes on the Frankish words in the Lex Salica by H. Kern (1880), the various texts shown in synoptic tables; A. Holder, Lex Salica (1879 seq.), reproductions of all the MSS. with all the abbreviations; H. Geffcken, Lex Salica (Leipzig, 1898), the text in 65 chapters, with commentary paragraph by paragraph, and appendix of additamenta; and the edition undertaken by Mario Krammer for the Mon. Germ. hist. For further information see the dissertations prefixed to the editions of Pardessus, Waitz and Hessels; Jungbohn Clement, Forschungen uber das Recht der salischen Franken (Berlin, 1876); R. Sohm, Der Prozess der Lex Salica (Weimar, 1867; French trans. by M. Théveniu) and Die fränkische Reichs- und Gerichtsverfassung (Weimar, 1876); J. J. Thonissen, L’Organisation judiciaire, le droit pénal et la procédure de la lot saligue (2nd ed., Brussels and Paris, 1882); P. E. Fahlbeck, La Royauté et la droit royal francs (Lund, 1883); Mario Krammer, “Kritische Untersuchungen zur Lex Salica” in the Neues Archiv, xxx. 263 seq.; H. Brunner, Deutsche Rechtsgeschichte (2nd ed., Leipzig, 1906), i. 427 seq.

The Lex Ripuaria was the law of the Ripuarian Franks, who dwelt between the Meuse and the Rhine, and whose centre was Cologne. We have no ancient MSS. of the law of the Ripuarians; the 35 MSS. we possess, as well as those now lost which served as the basis of the old editions, do not go back beyond the time of Charlemagne (end of 8th century and 9th century). In all these MSS. the text is identical, but it is a revised text-in other words, we have only a lex emendata.

On analysis, the law of the Ripuarians, which contains 89 chapters, falls into three heterogeneous divisions. Chapters i.xxxi. consist of a scale of compositions; but, although the fines are calculated, not on the unit of 1 5 solidi, as in the Salic Law, but on that of 1 8 solidi, it is clear that this part is already influenced by the Salic Law. Chapters xxxii.-lxiv. are taken directly from the Salic Law; the provisions follow the same arrangement; the unit of the compositions is 15 solidi; but capitularies are interpolated relating to the affranchisement and sale of immovable property. Chapters lxv.-lxxxix. consist of provisions of various kinds, some taken from lost capitularies and from the Salic Law, and others of unknown origin. The compilation apparently goes back to the reign of Dagobert I. (620–639), to a time when the power of the mayors of the palace was still feeble, since we read of a mayor being threatened with the death penalty for taking bribes in the course of his judicial duties. It is probable, however, that the first two parts are older than the third. Already in the Ripuarian Law the divergences from the old Germanic law are greater than in the Salic Law. In the Ripuarian Law a certain importance attaches to written deeds; the clergy are protected by a higher wergild—600 solidi for a priest, and 900 for a bishop; on the other hand, more space is given to the cojuratores (sworn witnesses); and we note the appearance of the judicial duel, which is not mentioned in the Salic Law.

There is an edition of the text of the Ripuarian Law in Mon. Ger. hist. Leges (1883), v. 185 seq. by R. Sohm, who also brought out a separate edition in 1885 for the use of schools. For further information see the prefaces to Sohm's editions; Ernst Mayer, Zur Entstehung der Lex Ribuariorum (Munich, 1886); Julius Ficker, “Die Heimat der Lex Ribuaria” in the Mitteilungen für österreichische Geschichtsforschung (supplt., vol. v.); H. Brunner Deutsche Rechtsgeschichte (2nd ed-, Leipzig, 1906), it 442.

Lastly, we possess a judicial text in 48 paragraphs, which bears the title of Notitia vel commemoratio de illa ewa (law), quae se ad Amorem habet. This was in use in the district along the Yssel formerly called Hamalant. The name Hamalant. is unquestionably derived from the Frankish tribe of the Chamavi, and the document is often called Lex Francorum Chamavorum. This text, however, is not a law, but rather an abstract of the special usages obtaining in those regions-what the Germans call a Weistum. It was compiled by the itinerant Frankish officials known as the missi Dominlci, and the text undoubtedly goes back to the time of Charlemagne, perhaps to the years 802 and 803, when the activity of the missi was at its height. In certain chapters it is possible to discern the questions of the mlssi and the answers of the inhabitants.

There is an edition of this text by R. Sohm in Mon. Germ. hist. Leges, v. 269, and another appended to the same writer's school edition of the Lex Ribuaria. For further information see E. T. Gaupp, Lex Francorum Chamavorum (Breslau, 1855; French trans. in vol. i. of the Revue historique de drott français et étranger); Fustel de Coulanges, Nouvelles Recherches sur quelques problèmes d'histoire (Faris, 1891), pp. 399-414; H. Froidevaux, Recherches sur la lex dicta Francorum Chamavorum (Paris, 1891).  (C. Pf.) 


SALICYLIC ACID (ortho-hydroxybenzoic acid), an aromatic acid, C6H4(OH)(CO2H), found in the free state in the buds of Spiraea Ulmaria and, as its methyl ester, in gaultheria oil and in the essential oil of Andromeda Leschenaultii. It was discovered in 1838 by Piria as a decomposition product of salicin. It may be obtained by the oxidation of saligenin and of salicylic aldehyde; by the distillation of copper benzoate; by the decomposition of anthranilic acid with nitrous acid; by fusion of ortho-chlor or ortho-brom benzoic acid with potash; by heating ortho-cyanphenol with alcoholic potash; by heating a mixture of phenol, carbon tetrachloride and alcoholic potash to 100° C. (F. Tiemann and K Reimer, Ber., 1876, 9, p. 1285); and by the action of sodium on a mixture of phenol and chlorcarbonic ester (T. Wilm and G. Wischin, Zeit. f. Chemie, 1868, 6).

It is manufactured by Kolbe’s process or by some modification of the same. Sodium phenolate is heated in a stream of carbon dioxide in an iron retort at a temperature of 180-220° C., when half the phenol distils over and a basic sodium salicylate is left. The sodium salt is dissolved in water and the free acid precipitated by hydrochloric acid (H. Kolbe, Ann., 1860, 115, 201). R. Schmitt (Jour. prak. Chem., 1885 (2), 31, p. 407) mo itied the process by saturating sodium phenolate at 130° C. with carbon dioxide, in an autoclave, sodium phenyl carbonate C6H5O⋅CO2Na being thus formed; by continuing the heating under pressure this carbonate gradually changes into mono-sodium salicylate. S. Manasse (German patent 73,2 79) prepared an intimate mixture of phenol and potassium carbonate, which is then heated in a closed vessel with carbon dioxide, best at 130-160° C. The Chemische Fabrik vorm. Hofmann and Schotensack decompose a mixture of phenol (3 molecules) and sodium carbonate (4 mols;) with carbonyl chloride at 140-200° C. When 90% of the phenol has distilled over, the residue is dissolved and hydrochloric acid added, any phenol remaining is blown over in a current of steam, and the salicylic acid finally precipitated by hydrochloric acid. The acid may also be obtained by passing carbon monoxide over a mixture of sodium (phenolate and sodium carbonate at 200°C.:Na2CO3+ C6H2ONa+C=C7H4O2Na2 + HCO2Na; and by heating sodium phenolate with ethyl phenyl carbonate to 200° C.: C6H5O·CO2C2H+C6H5ONa=HO·C6H4CO3Na+C6H5·C2H5. It is to be noted in the Kolbe method of synthesis that potassium phenolate may be used in place of the sodium salt, provided that the temperature be kept low (about 150° C.), for at the higher temperature (220° C.) the isomeric para-oxybenzoic acid is produced.

Salicylic acid crystallizes in small colourless needles which melt at 155° C. It is sparingly soluble in cold Water, but readily dissolves in hot. It sublimes, but on rapid heating decomposes into carbon dioxide and phenol. It is volatile in steam. Ferric chloride colours its aqueous solution violet. Potassium bichromate and sulphuric acid oxidize it to carbon dioxide and water; and potassium chlorate and hydrochloric acid to chloranil. On boiling with concentrated nitric acid it yields picric acid. When heated with resorcin to 200° C. it gives trioxybenzophenone. Bromine water in dilute aqueous solution gives a white precipitate of tribromophenol-bromide C6H2Br3·OBr. Sodium reduces salicylic acid in boiling amyl alcohol solution to n-pimelic acid (A. Einhorn and R. Willstätter, Ber., 1893, 26, pp. 2, 913; 1894, 27 p. 331). Potassium persulphate oxidizes it in alkaline solution, the product on boiling with acids giving