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
(3) In the Southern or Western divisions, between the _Fli_ and the
_Sincfal_, the solidus was 2½ denarii or tremisses _ad novam monetam_,
_i.e._ eighty wheat-grains of gold.[154]
But it seems to be clear that the statements of the wergelds and other
fines in earlier clauses of the laws are not made in these local solidi.
Thus in Title XVI. we are told that _Inter Laubachi et Sincfalam_, _i.e._
in both Middle and Southern divisions, in cases of homicide the payment
to the lord for breach of his peace (_de freda_) was thirty solidi,
‘_which solidus consists of three denarii_,’ although the local solidus
of the Southern division was that of 2½ tremisses. Sometimes the fines
are stated in solidi of three tremisses and sometimes in solidi of 20 to
the pound. There is no difficulty, after what we have seen in other laws,
in recognising in the solidus of three tremisses the _gold solidus_, and
in the solidus of 20 to the pound the _silver solidus_ of the Frankish
Empire.
Again, we at once recognise in the term _nova moneta_ the new standard of
Charlemagne, and in the term _veteres denarii_, which also occurs in the
laws, the gold or silver tremisses of the Merovingian currency before the
monetary reform of Charlemagne.
All this is exactly what might be expected in laws of somewhat different
dates, some of them perhaps going back to the time of the Merovingian
conquests, and others following upon the conquests of Charlemagne.
[Sidenote: Wergelds in gold solidi under Tit. I.]
Having thus so far cleared the way, we pass on to the amounts of the
wergelds as stated in the Lex.
Title I. is headed _Incipit lex Frisionum, et hæc est simpla compositio
de homicidiis_. And the wergelds of the three districts as stated in the
text and glosses may be tabulated as follows:--
(1) _Between the Laubach and the Weser._[155]
Nobilis 106 solidi and 2 denarii (or tremisses)
Liber 53 ” ” 1 denarius
Litus 26½ ” ” ½ tremissis
(2) _Between the Laubach and the Fli._[156]
Nobilis 80 solidi Payable ⅔ to the heir of the slain and ⅓
to his ‘propinqui proximi.’
Liber 53 ” and 1 denarius (_i.e._ tremissis).
Litus 27 ” less 1 denarius (payable to his lord).
” 9 ” less ⅓ denarius payable to the propinqui of
the slain.
(3) _Between the Fli and the Sincfal._[157]
Nobilis 100 solidi }
Liber 50 ” } of three denarii [_i.e._ tremisses]
Litus 25 ” } _novæ monetæ_
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