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
But it would seem that Roman and Christian feeling very early suggested
that this was hard upon the innocent owner. Hence in some of the laws
the compromise was made that the owner should pay only a _half_-wergeld
and hand over the offending animal or slave instead of the other half.
That this innovation was not altogether acceptable to tribal feeling is
shown by clauses in the ‘Pactus III.’ of the Alamannic laws. The whole
wergeld was to be paid by the owner if his horse, ox, or pig killed a man
(s. 18). But an exception was made in the case of the dog. If a man’s dog
killed any one, a _half_-wergeld (medium werigeldum) was to be paid, and
if the whole wergeld was demanded, all the doors but one of the house of
the person making the demand were to be closed and the dog was to be hung
up nine feet from the only one left open for ingress or egress, and there
it must remain till it fell from putrefaction. If it was removed or any
other door was used, the wergeld was to be returned (s. 17).
Grimm (‘D. R.’ p. 665) has pointed out that in the _Ostgotalaga_ (Drap.
13, 2) a similar archaic practice is described when a _slave_ had killed
a man. The _owner_ of the slave under this law ought to pay the whole
wergeld, and if he did not do so the _slave_ was to be hung up at _his_
(the owner’s) house door till the body putrefied and fell. Thus the same
archaic method of punishing the delinquent was retained in both cases.
But the significant point is that so long as the whole wergeld was due
from the owner it was at the owner’s door that the body of the slayer was
to be hung up, while when the _half_-wergeld only was to be paid, the dog
was to be hung up at the door of the person who improperly demanded the
whole wergeld. Thus, as in so many other cases, the twelfth-century laws
of the North preserved the earlier custom of the payment of the whole
wergeld, while the Alamanni, after migration into contact with Roman and
Christian civilisation, in their laws of the seventh century modified
the custom, at the same time retaining the archaic method of forcing
compliance with the modification. It must be remembered that every change
which relieved the innocent owner from liability, wholly or in part,
robbed the kindred of the person slain of the whole or the part of the
wergeld.
The compromise of payment of the half-wergeld and the handing over of the
offending animal or slave was not confined to the Alamannic laws.
In the Ripuarian Law xlvi. the animal which had killed a man was to be
handed over and received ‘in medietatem wirigildi’ and the owner was to
pay the other half.
[Sidenote: So in Codex I. of Lex Salica, but afterwards owner released
from the half-wergeld.]
Public-domain text, read in full here on John Shaqi.
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