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
It seems probable that, in spite of the last clause, the wergelds of the
Lex Saxonum, in the text as we have it, are described in Charlemagne’s
_silver solidi of_ 12_d._--the solidi which at the moment he was trying
at a ratio of 1:4 to substitute for gold.
Very nearly contemporary with the Lex Saxonum is Charlemagne’s
_Capitulare de partibus Saxonie_, A.D. 785.[167] In this document no
wergelds are mentioned, but other fines are described which may be
compared with them. And it will be noticed that three classes are
mentioned--nobilis, ingenuus, and litus.
In s. 19, for refusal to baptize an infant within a year of birth:--
Nobilis 120 solidi to the fisc.
Ingenuus 60 ” ”
Litus 30 ” ”
So again in s. 20 for illicit marriage, and in s. 21 for engaging in
pagan rites:--
Nobilis 60 solidi.
Ingenuus 30 ”
Litus 15 ”
These fines were evidently payable in the silver solidus, for in s. 27
the penalty for a man remaining at home contrary to the bann was to be
10 _solidi_ or _one ox_. Obviously this is the value of the ox in silver
solidi before they were made legal tender. Its gold value was only 2
solidi, as stated in Tit. VI. of the Lex. And, as we have seen, the value
of the ox in the silver solidus of twelve pence was maintained at an
average of about 8 solidi.
[Sidenote: Capitulare of A.D. 797.]
Twelve years later in date another Capitulare was issued, entitled
_Capitulare Saxonicum_ and dated A.D. 797.[168] It was the result of a
conference and contract between Franks and Saxons of the three tribes,
Westfali, Angrarii, and Ostfali. According to s. 3 the Saxons agreed that
whenever, under the laws, Franks had to pay 15 solidi, the Saxon nobilis
should pay 12 solidi, ingenui 5 solidi, and liti 4 solidi.
Then follows a clause which is interesting as showing that the payment of
wergelds still was a general practice. It enacted that when a homicide
had occurred and a case had been settled in a district by the neighbours,
the pacificators should, according to custom, receive 12 solidi for
their trouble (_pro districtione_), and in respect of the wergeld (_pro
wargida_) they should have sanction to do what according to their custom
they had been used to do. But if the cause had been settled in the
presence of a _royal Missus_, then it was conceded that on account of
that wergeld the neighbours should still have their 12 solidi; and that
the Missus of the King, for the trouble taken in the matter, should
receive another 12 solidi, _ad partem Regis_. In clause 7, homicide of a
_Missus regalis_, or theft from him, was to be paid for threefold.
Public-domain text, read in full here on John Shaqi.
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