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
Then, under the heading _Additio Sapientium_, Tit. II., the amount for
the hand is stated to be ‘25 solidi et 5 denarii.’ And after the mention
of the amounts for the several fingers are the words, ‘_Hoc totum in
triplo componantur_.’ The payments for hand and eye are generally alike,
and three times 25 solidi and 5 denarii = 80 solidi, _i.e._ half a
wergeld of 160 solidi.
Immediately following these words Tit. III. begins with the statement
that the foot entirely cut off is to be compounded for as the hand,
_i.e._ by 53 solidi and 1 tremissis, being double the previous amount.
The payment for the eye put out is ‘ter quadraginta solidi,’ _i.e._
120 solidi. Then whilst in the title _De Dolg_ the ear is valued at 12
solidi, in Tit. III. of the Additio it is valued at ‘_ter_ duodecim
solidi.’ Again, according to the title _De Dolg_, if both testicles were
destroyed, the whole wergeld was to be paid: and in Title III. of the
Additio the fine has become _ter_ 53 solidi and 1 tremissis, three times
the wergeld of the liber in Tit. I.
It is not needful to pursue the comparison further than to point out that
Richthofen had some reason at any rate to form the opinion that in the
additions to the law made, as he thinks, after A.D. 785 and probably
about A.D. 802, the _wergelds_ were trebled, as well as some of the
payments for wounds; and that the inference from the Ripuarian laws that
the Frisian wergeld was 160 solidi was therefore correct.[162]
So far Richthofen’s contention is, I think, a correct one.
But what was the reason of this trebling of the wergeld in the additions
to the laws?
[Sidenote: The wergeld of ‘liber’ was probably 160 solidi.]
Was it that the ancient wergelds were originally one third of those of
neighbouring tribes and trebled at some auspicious moment to make them
correspond with others; or have we not rather to do with the results of
that confusion in the currency which was caused by the endeavour to force
into use the silver solidus of 12 pence as the equivalent of the gold
solidus?
This conjecture standing by itself on the evidence of these laws alone
would be too hazardous to build upon, and it is not necessary to consider
it further in this place. The matter of chief importance is that, all
things considered, there seems to be fairly sufficient evidence that the
wergelds of Tit. I. represent the ancient wergelds divided by three, and
that accordingly we may take the wergeld of the liber in the two Northern
districts of Frisia to have been three gold marks or 160 Merovingian
gold solidi,[163] as stated in the Ripuarian laws.
[Sidenote: Division of wergeld among grades of kindred.]
Public-domain text, read in full here on John Shaqi.
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