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
Their rule extended to the Loire till they were driven back to the
Garonne by the Franks in the sixth century, and lasted in Spain and
Aquitaine to 711 when it succumbed to Arab conquest. The Wisigoths
conquered a country already under Roman law, with a mixed population of
German as well as Celtic and Iberian tribes. They were not the first
German intruders. They were invaders, but not altogether at enmity with
the Romans. Their princes, after the break-up of the Roman power, issued
gold coins--solidi and tremisses--in close imitation of those of the
Eastern Empire. Goth and Roman were encouraged to marry on equal terms.
And though there are traces of a scale of payments in composition for
homicide, it bears little trace of the tribal principle of the solidarity
of the kindred.
There is no scale of payments directly under the head of homicide, and we
are left to gather incidentally what the wergeld (if it can be so called)
may have been.
In a clause[96] added between 653 and 672 it was enacted that upon the
kidnapping of the child--son or daughter--of a free man or woman, the
criminal was to be delivered over into the power of the child’s father,
or mother, brother or nearest parentes, so that they may have power to
kill him or sell him. And if they desired it, they might demand the
composition for homicide from the criminal, _i.e._ 500 solidi (some MSS.
300 solidi), the crime being to the parents no less grave than homicide.
If the child could be recovered, half the composition for homicide was to
be paid, and if the criminal could not pay he was to become their slave.
This doubtful mention of 500 solidi or 300 solidi finds some explanation
in a later clause.
[Sidenote: The wergeld graduated according to the age of the individual.]
Indirectly, again, we get the scale in force for homicides in L. VIII.
Tit. IV. s. 161, of about the same date. It enacted that injuries
done by vicious animals, known to be such, were to be paid for _sicut
est de homicidiis_ by the ‘constituted composition’--_compositio
constituta_--and then the following scale is given:
Public-domain text, read in full here on John Shaqi.
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