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
In the next clause the Royal ‘Missus’ is put in the same position while
on the King’s business. His wergeld is also to be trebled.
What, then, is the _Homo Francus_ with a wergeld three times that of the
ordinary _ingenuus_ of the district of Amor?
The wergeld of the latter is the full normal wergeld of 200 solidi. The
Homo Francus in this district was therefore very much above the ordinary
freemen of other laws. He was evidently a Frankish landowner on a large
scale, towering in social position above the ordinary freemen of the
district.
The _casa_ and _curtis_ of the Homo Francus alone were protected by
special clauses (XIX. and XX.), and of him alone are any hints given as
to kindred or inheritance. Clause XLII., in the following few words,
enlightens us as to his social position:--
If any Francus homo shall have sons, his inheritance in woods
and in land shall pass to them, and what there is in slaves and
cattle.
Concerning the maternal inheritance, let it go in like manner to
the daughter.
We must probably consider the privileged position of the Homo Francus
as presumably the result of Frankish conquest. The great landowner may
have been the holder of a benefice, or a tenant _in capite_ placed upon
the royal domain with ministerial and judicial duties, and the triple
wergeld may fairly be assigned to his official position.
But to return to the wergelds.
The payment _pro fredo_ seems to have been equal to an additional one
third of the wergeld.
[Sidenote: Payment for the eye etc. one quarter the wergeld.]
From clauses XX. and XXXII. it appears that the value of an eye or hand
or foot was one quarter of the wergeld, instead of half as in the Salic
and Ripuarian Laws.
Theft was to be paid for ninefold with four solidi _pro fredo_.
The further clauses regarding theft in this border district of forests
and cattle and mixed population are not quite easily understood, nor need
we dwell upon them.
In c. XXX. the penalty for letting a thief go without bringing him before
the Comes or centenarius was 60 solidi, as in the Ripuarian Laws.
VI. CONCLUDING REMARKS.
Before passing from the laws, the compilation of which seems to date
from the conquests of Charlemagne, it may be well to note that, regarded
from the point of view of the wergelds, the tribes whose customs have
been examined in the last two sections seem to have belonged to the
Frankish group with wergelds of 200 gold solidi, while on the other hand
the Frisians and Saxons seem to have belonged to the other group with
wergelds of 160 gold solidi.
This grouping of the tribes may not be exactly what might have been
expected.
[Sidenote: The two groups of tribes with wergelds of 200 and 160 solidi.]
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