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
He who seeks composition for a homicide shall swear on saints’
relics that he will not summon in this matter other than those
who are suspected by him of the actual homicide: and then he
shall summon for the homicide one or two, or even three or four,
or however many there be who have wounded him who was slain. But
though there were twenty, or even thirty, yet not more than seven
are to be summoned, and each of those summoned shall swear with
eleven others, and shall, after the oath has been tested by the
judgment of God, show himself innocent by the (ordeal of) boiling
water. He who swears first shall go to the ordeal first, and the
rest in order. He who shall be found guilty in the ordeal shall
pay the composition for the homicide, and to the king twice his
own wergeld: the rest of his co-swearers shall be treated as
above concerning perjurers.
Between the Laubach and the Weser the following was the custom:--
He who seeks composition for homicide shall summon one man,
declaring him to be the homicide of his kinsman, and saying
that he ought to pay the ‘leud’ of the slain man. And if he, in
reply, says that he is willing to purge himself on oath with his
co-swearers, let him who has summoned him as homicide say that
he wishes to summon him _in placito publico_, and let him so do.
Let him summon him _in placito_ before judges, and let him who
is summoned, if he cannot deny, show another defendant for the
homicide of which he is accused. And this ought to be done thus:
Let him produce the man he wishes, and let him swear “he is
guilty of the homicide for which I am summoned,” holding him by
the hem of his cloak. But if he wishes to deny this oath let him
swear and go forth to wager of battle against him. And whichever
of them in that battle is conquered (_et sibi concrediderit_)
shall pay the ‘leud’ of the slain. But if he be slain his next
heir shall pay the composition of the homicide. But in this
battle it is lawful for either to pay a champion for himself if
he can find one. If the hired champion is slain, let him who
hired him pay sixty _solidi_ (_i.e._ _three libræ_) to the king,
and over and above pay the ‘leud’ of the slain man.
[Sidenote: Wergelds stated in silver.]
The payment of _sixty solidi_--_i.e._ _three libræ_--clearly indicates
that the solidus of this clause was the Frankish silver solidus of
12_d._, of which 20 made the pound of silver. And this helps us to
understand that the compositions described in the immediately succeeding
and closely connected clause are also silver values. (Tit. XV.)
This is the custom in the same region observed for the
composition of wergeld:--
(1) Composition of a _nobilis homo_ }
‘per denarios veteres’ } 11 lbs.
(2) Composition of the _liber_ ‘per }
denarios veteres’ } 5½ lbs.
Public-domain text, read in full here on John Shaqi.
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