A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
{2} The existence of a noble class, _i.e._, a number of families having
higher social rank and special consideration and privileges, is vouched
for by all the sources. The origin of the class and the extent of the
privileges which they enjoyed in this primitive time are uncertain. The
king was chosen usually from one noble family, but not by strict
heredity.
{3} The general assembly was composed of all the freemen of the tribe.
All public business, that is, affairs in which the whole tribe was
concerned, was conducted here, including the making of war and peace,
the election of the king and chief officials, etc. It would appear from
what Tacitus says that the assembly had jurisdiction in the graver
offenses and in cases of appeal from the hundred-court.
{4} These leaders were probably the officials who presided over the
hundred-court, the assembly of the freemen of the hundred, which was the
regular court of justice. We find such an official mentioned in several
of the tribal laws; in the Salic and the Alamannian law he is called the
"centenarius," and in the Anglo-Saxon laws the "hundredes-ealdor." The
hundred companions of the official mentioned by Tacitus were probably
the whole body of the freemen of the hundred. They attended the
hundred-court and had a share in rendering the decision.
{5} The chief with his band of followers is found in many primitive
warlike societies. The various traditions of the German tribes are full
of references to this institution. Famous warriors would gather about
them a band of young men eager for reputation and experience. These
bands would form the élite of the army when the whole tribe went to war,
but would also conduct warlike enterprises on their own account. The
viking raids of the Northmen were instances of this practice. It not
infrequently happened that the success of private bands would lead the
whole tribe to follow and settle on the land which they had begun to
conquer, as in the traditional account of the conquest of Britain by the
Angles and Saxons.
{6} The obligation of following up the blood-feud is a common feature
of primitive society. It forms the basis of many of the popular tales
and traditions of the German people. The law attempted to make the
kindred of the slain man give up the feud in return for the payment of a
fixed sum by the slayer of his kin, but the attempt was not always
successful. The sum paid is known as the _wergeld_ and is mentioned in
all the tribal laws (see no. 4, title XLI and note).
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