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
According to Tit. III. 1, there were certain families who were held in
double honour, and had double wergelds. The Agilolvinga had fourfold
wergelds, being the family from whom the Dux was chosen. The Dux himself
had a fourfold wergeld with one third added. If the life of any of his
parentes were taken the wergeld was, according to one manuscript, 640,
and according to another 600 solidi.
These wergelds of the Alamannic and Bavarian laws are not on all fours
with those of the Salic and Ripuarian Laws. But in both cases the
ordinary freeman’s wergeld is 160 solidi (unless there be no heir to
inherit), so that in both cases the wergelds correspond sufficiently
with the clause in the Ripuarian Laws which accords to them a wergeld of
160 solidi, after having before stated that strangers are to be judged
according to the laws under which they were born.
[Sidenote: Wergelds of the freedman and the servus.]
In the Bavarian law there is special mention of the freedman and the
servus, and it is worth while to dwell a moment on the position assigned
to them as compared with the ordinary freeman.
There are three titles headed as under:--
Title IV. De _liberis_, quo modo componuntur.
” V. De liberis qui per manum dimissi sunt liberi,
quod _frilaz_ vocant.
” VI. De _servis_, quo modo componuntur.
These clauses relate to injuries as well as to homicide. As regards all
minor injuries, the freedman is paid for at one half, and the servus at
one third, of the payment to the liber for the same injury.
[Sidenote: Payments for eye, hand, or foot one fourth the wergeld.]
But when the payment comes to be for the eye, hand, or foot, the
difference is, roughly speaking, doubled. The payment for the liber is
40 solidi, for the freedman 10 solidi, and for the servus 6 solidi (? 5
sol.). And these payments are seemingly intended to be one quarter of the
respective wergelds for homicide. We have seen that the wergeld of the
freeman was 160 solidi. These clauses state that the freedman’s wergeld
was 40 solidi, and that of the servus 20 solidi, and that in both these
cases the lord took the payment.
In Tit. IV. 30, _De peregrinis transeuntibus viam_, the passing
stranger’s death was to be paid for with 100 solidi to his parentes, or
in their absence to the fisc.
[Sidenote: Bavarian wergelds.]
The wergelds of the Bavarian laws may therefore be thus stated:--
Ducal family (4 fold) 640 solidi
Families next in honour 320 ”
Liber 160 ”
Stranger 100 ”
Freedman 40 ”
Servus 20 ”
And all these solidi were gold solidi of Imperial or Merovingian
standard, it does not matter much which.
[Sidenote: No wergeld within the family.]
The crime of homicide within the near family was dealt with in the
Alamannic law in conformity with ancient tribal custom. There was no
wergeld in such a case.
Public-domain text, read in full here on John Shaqi.
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