Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
These would be the alternatives if the payment in gold were continued,
and never as yet in any of the laws had the wergelds been stated
otherwise than in gold.
There was only one other way open to the legislator, if he wished to keep
up the old customary values, viz. to translate the gold values at the old
ratio into the new silver solidi: that is, to treble the gold figures of
the ancient customary wergelds and make them payable in silver solidi.
This would probably be the best course if he wished to continue the old
relation of the wergelds to the animals in which they had hitherto been
mostly paid. But then it might be difficult to enforce the payment of
wergelds in silver in districts where the currency was still gold.
The legislator would, in any case, have to make up his mind whether to
lower the ancient wergelds of the newly conquered tribes to a third of
what they had been, or to keep up the value of the wergelds and the
number of cattle in which they had from time immemorial been paid.
The wergeld in the popular tribal mind was a thing so fixed and so sacred
that the makers of the Lex Frisionum and the Lex Saxonum were almost
certain to find themselves between the horns of a dilemma.
II. THE LEX FRISIONUM.
The tribes conquered by Charlemagne, whose laws we have now to examine,
differed from those whose laws and wergelds have been already considered
in one important particular. They were not conquering tribes which had
migrated into districts already under Roman law.
The conquests of Charlemagne over the Frisians and Saxons were conquests
of German tribes settled as of old in their own countries. They were,
moreover, conquests of still pagan tribes by Christian and partly
Romanised Franks.
Frankish conquest had extended far into Frisian and Westphalian territory
under the Merovingian kings. In Frisia Frankish influence was shown by
the existence of Merovingian mints at Duurstede.[148] In Westphalia, at
Soest and Paderborn, there were already Christian churches under the
jurisdiction of the Archbishop of Cologne. But neither the conquest nor
the conversion was completed till the time of Charlemagne.
[Sidenote: Was the wergeld 160 solidi?]
We have already learned from Titles XXXI. and XXXVI. of the Ripuarian law
that there were Frisians as well as Saxons, Burgundians, Alamanni, and
Bavarians resident in the Ripuarian district. Moreover, it was directly
stated that these immigrants were to be judged, not by Ripuarian law, but
by their own law and custom. Further, being often isolated and without
kindred near them to swear for them, if charged with crime they were to
clear themselves by the ordeal of fire or lot. And finally their wergeld
was stated to be 160 solidi, the inference being that this was the
wergeld of the Frisian freeman in his own country, by the law and custom
of which he was to be judged.
Public-domain text, read in full here on John Shaqi.
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