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
Si mordum totum quis fecerit, componatur primo in simplo juxta
conditionem suam; cujus multæ pars tertia a proximis ejus qui
facinus perpetravit componenda est, duæ vero partes ab illo; et
insuper octies ab eo componatur, et ille ac filii ejus soli sint
faidosi.
If any one commit murder with aggravation of concealment he (the
murderer) makes composition first _in simplo_ according to his
condition, of which payment one-third part is to be paid by the
next of kin of him who has perpetrated the crime, and two-thirds
by himself; and besides eight times (the wergeld) is to be paid
by him, and he and his children alone shall be in feud.
[Sidenote: Murderer pays two thirds and his kindred one third of wergeld,
as in Frisian law.]
This clause is valuable as showing that, as in the customs of Frisia
and most other Low German tribes, the murderer paid two thirds and his
kinsmen one third of the wergeld in ordinary cases.
The murderer and his children alone had to pay the eight parts added for
the aggravation of the crime by concealment.
That the Lex Saxonum is in some things at least a record of local custom
is shown by the fact that, as in Frisia, varieties were recognised in the
several divisions of the country.
[Sidenote: Local customs as to dower of wife.]
The payment for taking a wife, in all the divisions, was 300 solidi (Tit.
VI.), to be paid to her parentes if with their consent. If with _her_
consent, but not with theirs, the payment was doubled. If she were seized
without the consent of either, she must be restored to her ‘parentes’
with 300 solidi to them and 240 to her. Tit. VIII., however, shows that
with regard to dower the customs of the several districts varied. Among
the Ostfali and the Angrarii, if a wife bore children, she, the mother,
retained the dower received on marriage for her life and left it to her
children. Should she survive her children _her_ next heirs received it.
If there were no children, the rule was _dos ad dantem_, _i.e._ it went
to the husband, or, if he were not alive, to _his_ heirs. Amongst the
Westfali, after a woman had borne children she kept the dower till her
death. After her death, _dos ad dantem_, it went to the husband or the
husband’s next heirs. Further, Tit. IX. states that as regards what had
been acquired by man and wife together, amongst the Westfali the wife
received half, but amongst the Ostfali and Angrarii nothing: she had to
be content with her dower.
The final clause of the laws, which describes the currency in which the
payments were made, is important. According to the best manuscripts it
was as follows:[165]--
[Sidenote: Wergelds to be paid in solidi of two tremisses, _i.e._, value
of the bullock.]
_Tit._ XVIII. _De Solidis._
(1) Solidus est duplex; unus habet duos tremisses, quod est bos
anniculus duodecim mensium: vel ovis cum agno.
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