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
The ox, horned, seeing, and sound, for 2 solidi
The cow, horned, seeing, and sound, for [3 or] 1 solidus
The horse, seeing and sound, for 6 solidi
The mare, seeing and sound, for 3 ”
And this is followed by a final clause which is found only in some of the
manuscripts and which is probably an addition made under Charlemagne:--
If payment shall be made in silver, let 12 denarii be paid for
the solidus, _sicut antiquitus est constitutum_.
Thus our consideration of these laws ends with the fact that, before
the disturbance in the currency made by Charlemagne, the wergeld of the
Frankish freeman of 200 gold solidi or heavy gold mina was still, in the
Ripuarian district at all events, a normal wergeld of 100 oxen.
V. THE ALAMANNIC AND BAVARIAN LAWS.
These laws have an interest of their own, but only those points come
directly within the range of this inquiry which are likely to throw light
upon the interpretation of the Anglo-Saxon laws.
Beginning at once with the wergelds, there are two distinct statements.
[Sidenote: The wergelds of the early Alamannic ‘Pactus,’ and of the later
‘Lex Hlotharii.’]
According to the ‘Pactus,’ which is assigned to the sixth or seventh
century, and which is considered to represent customs of the Alamanni
before they were conquered by the Franks,[124] the wergelds were as
follows:--
Baro de mino flidis 170 solidi (? 160)
Medianus Alamannus 200 ”
Primus Alamannus 240 ”
And for women:--
Femina mino flidis 320 ”
Mediana 400 ”
Prima Alamanna 480 ”
These wergelds correspond very closely in some points with those of the
Burgundian laws and should be compared with them.[125]
The wergeld of women was double that of men of the same class. In the Lex
Salica and Lex Ripuariorum, women were paid for threefold.
In the Lex Hlotharii, s. LXIX., the wergelds are stated as follows:--
If any freeman (‘liber’) kills a freeman, let him compound for
him twice 80 solidi to his sons. If he does not leave sons nor
has heirs let him pay 200 solidi.
Women of theirs, moreover, always in double.
The medius Alamannus, if he shall be killed, let 200 solidi be
paid to the parentes.
It is not clear that there has been any change in the wergelds since the
date of the ‘Pactus.’
[Sidenote: The wergeld of 160 solidi accords with the statement in the
Ripuarian law.]
The wergeld of the medius Alamannus, 200 solidi, is the same as before.
That of the liber, 160 solidi, seems to be the same as that of the baro
de mino flidis in the ‘Pactus.’ It is also the wergeld of the Alamannus
according to the clause mentioning strangers in the Ripuarian law. The
use of the term ‘medius Alamannus’ seems to imply that there should be
a primus Alamannus as in the ‘Pactus.’ But what these two classes of
Alamanni with higher wergelds than that of the liber were does not appear.
Public-domain text, read in full here on John Shaqi.
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