Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
Thus, as regards inheritance, the Frankish denarialis and the Roman
libertus seem to be treated alike, notwithstanding the difference of
wergeld.
Turning to another matter, the Ripuarian laws, being of later date than
the Lex Salica, made provision for the wergelds of the clergy.
[Sidenote: Wergelds of the clergy, and of their ‘men.’]
Tit. XXXVI. provided that the clergy should be compounded for according
to their birth, whether of the class of servi, or men of the king or of
the Church, or liti, or ingenui. If _ingenui_, they were to be compounded
for with 200 solidi. Then the wergelds of the higher clergy are stated as
follows:--
Subdeacon 400 solidi
Deacon 500 ”
Priest 600 ”
Bishop 900 ”
And there is a long clause _De Tabulariis_ (Tit. LVIII.) providing that
servi may be made under process of Roman law _tabularii_ of the Church,
so that they and their descendants shall be and remain servants of the
Church, and render the proper services of tabularii to the Church,
without any one having power further to enfranchise them. In case of
their death without children the Church is to be their heir. These appear
to be the ‘men of the Church’ whose wergeld was 100 solidi.
[Sidenote: The clause ‘De alodibus.’]
The Tit. LVI. _De alodibus_ is as follows:--
Si quis absque liberis defunctus fuerit, si pater materque
superstites fuerint in hereditatem succedant.
If any one shall have died without children, if father and mother
survive they shall succeed to the _hereditas_.
Si pater materque non fuerint, frater et soror succedant.
If there are not father and mother, brother and sister shall
succeed.
Si autem nec eos habuerit, tunc soror matris patrisque succedant.
Et deinceps usque ad quintam genuculum, qui proximus fuerit,
hereditatem succedat.
But if he has not these either, then the sister of the mother and
the sister of the father shall succeed. And further, up to the
fifth knee, whoever is nearest shall succeed to the inheritance.
Sed cum virilis sexus extiterit, femina in hereditatem aviaticam
non succedat.
But as long as the male sex survive, a woman shall not succeed to
the _hereditas aviatica_.
All that need be remarked regarding this title is, first its close
resemblance to the clause ‘de alodis’ in the Lex Salica and the
confirmation given by the phrase ‘hereditas aviatica’ to the family
character of the ‘alod,’ and secondly that it seems to belong to the time
when female succession was favoured.
Whether the ‘hereditas aviatica’ included the whole alod or only the land
of the alod, on failure of male heirs, females were now to succeed.
[Sidenote: The traditional value of animals in payment of wergelds. The
wergeld of 200 solidi = 100 oxen.]
There remains only to be noticed the interesting addition to Tit. XXXVI.
which enacts that if any one ought to pay wergeld he should reckon,
_inter alia_:--
Public-domain text, read in full here on John Shaqi.
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