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
Qui nobilem occiderit, 1440 solidos conponat; ruoda dicitur apud
Saxones 120 solidi et in premium 120 solidi.…
Let him who shall kill a _nobilis_ make composition 1440 solidi;
the Saxons call ‘ruoda’ 120 solidi, and ‘in premium’ 120 solidi.…
Litus occisus 120 solidis componatur.…
The _litus_ killed is compounded for with 120 solidi.
Much controversy has arisen upon the two extra payments ‘ruoda’ and ‘in
premium;’ but whatever they may have been, they need not surprise us.
Though we may not be able to identify them with the ‘halsfang’ or the
‘wites’ and ‘bots’ of Anglo-Saxon laws, they were probably payments of
something of the same kind, additional to the wergeld.
It is more important to remark the absence altogether of any mention of
the ordinary ‘liber’ or ‘ingenuus’ between the nobilis and the litus,
especially as in the title on theft the three classes are all mentioned.
According to Clause 2 of the Tit. II. of the Lex, married women had the
same wergelds as men. Those unmarried were to be paid for with a double
wergeld. And by Clause 4 a servus slain by a nobilis was to be paid for
with 36 solidi.
By Clause 5:
Litus si per jussum vel consilium domini sui hominem occiderit,
ut puta nobilem, dominus compositionem persolvat vel faidam
portet. Si autem absque conscientia domini hoc fecerit,
dimittatur a domino, et vindicetur in illo et aliis septem
consanguineis ejus a propinquis occisi, et dominus liti se in hoc
conscium non esse cum undecim juret.
If a litus shall slay a man, _e.g._ a _nobilis_, by the order or
counsel of his lord, the lord shall pay the composition or bear
the feud. But if the litus shall do this without the knowledge
of the lord, he shall be dismissed by the lord and avengement
made on himself and seven others of his blood by the near kindred
of the slain, and the lord of the litus shall swear with eleven
[compurgators] that he had no knowledge of the deed.
[Sidenote: Value of the ox 2 solidi.]
Title IV. on Theft is interesting as, besides mentioning the _liber_, it
fixes the value of the four-year-old ox at the date of the clause at 2
solidi, _i.e._ the old ox-unit.
VI. He who by _night_ steals a four-year-old ox, which is worth 2
solidi, shall be punished by his head.
Theft of bees from within another’s fence or of things to the value of
two solidi by night from a house, or of things of any kind, day or night,
of the value of _three_ solidi, was to be capitally punished. Theft of
things of less value than three solidi was to be compounded for ninefold,
and _pro freda_ the nobilis was to pay 12, the liber 6, and the litus 4
(? 3) solidi.
In Clause 6 of Title II. is the following:--
Public-domain text, read in full here on John Shaqi.
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