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
So too, as we have seen, under the Bavarian laws the freedman’s
wergeld went to his lord.[312] Under the Frisian law the wergeld of
the _litus_ went to his lord.[313] Under Ripuarian law even the ‘homo
denarialis’--the freedman who became a Frank with a full wergeld--was
recognised as having at first no kindred. If he had no children, his
property went to the fisc. And it was not till the third generation
that his descendants had full rights of inheritance.[314] We have
already found abundant evidence of the continued force of tribal custom
and tribal instincts in regard to the importance of kindred while
considering the meaning and function of the hyndens in connection with
the twelve-hynde and twy-hynde classes of the Anglo-Saxon laws. These
remarkable correspondences between the position held by the læts in Kent
and that of the leysings and freedmen and liti of the Continental laws,
without our making too much of them, may fairly be taken as additional
evidence of the tenacity of tribal custom in these matters.[315]
VII. THE AMOUNT OF THE KENTISH WERGELDS.
[Sidenote: Probable Kentish wergelds eorl 600, freeman 200, Kentish
scillings.]
Once more we return to the amount of the wergelds of the Kentish eorl and
freeman.
We have seen reason to believe that the payments of 300 and 100 scillings
of the laws of Hlothære and Eadric were half-wergelds, and that the full
wergelds were 600 and 200 scillings.
If they may be so considered they are at once put on line with the
Frankish wergelds. The threefold wergeld of the eorl becomes evidently
due to his noble birth or official position. And, if the Kentish and
Frankish solidi had been alike, the similarity of the wergelds would have
been complete.
[Sidenote: As in the Frankish laws.]
The wergelds of the Frankish group of laws were found to be as follows:--
Lex Salica, Graphio or ingenuus in truste Regis 600 solidi }
Frank or Barbarian living under Salic law 200 ” }
Lex Ripuariorum, Comes &c. in truste Regis 600 ” }
Ingenuus 200 ” }
Lex Angliorum et Werinorum, Adalingus 600 ” }
Liber 200 ” }
Lex Chamavorum, Homo Francus 600 ” }
Ingenuus 200 ” }
In all these cases the wergeld of the Royal official or person in high
rank is threefold that of the _liber_ or _ingenuus_.[316]
[Sidenote: Confirmed by comparison with the King’s mundbyrd.]
Confining attention now to the position of the Kentish freeman, further
confirmation of the view that his wergeld was 200 Kentish scillings may
be derived from a comparison of the King’s mundbyrd with his wergeld, and
the corresponding Continental payments _pro fredo_ with the wergelds of
the _liber_ and _ingenuus_ of the Continental laws.
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