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
Aliquis honestus 500 solidi
Ingenuus persona, 20 years old and
up to 50 300 ”
Ingenuus persona from 50 to 60 200 ”
Older than this 100 ”
Youths of 15 years 150 ”
” 14 ” 140 ”
” 13 ” 130 ”
” 12 ” 120 ”
” 11 ” 110 ”
” 10 ” 100 ”
” 7 to 9 90 ”
” 4 to 6 80 ”
” 2 to 3 70 ”
” 1 year 60 ”
Daughter or wife from 15 to 40 250 ”
” ” 40 to 60 200 ”
” ” older 100 ”
Under 15, half the payment for a male; liberti, half-payments.
[Sidenote: Innocent homicide no longer to be paid for.]
It is impossible to look upon this scale as fully representing ancient
Gothic tribal tradition. And when we turn to the title ‘_De cæde et morte
hominum_,’ which seems to belong to the same date, it becomes obvious
how far the spirit of these laws had wandered away from any tribal
standpoint and from all recognition of the solidarity of the kindred.
A homicide committed unknowingly (‘nesciens’) is declared to be in the
sight of God no cause of death. ‘Let the man who has committed it depart
secure.’[97]
Every man who killed another intentionally, and not by accident, was to
be punished for homicide. The punishment had, in fact, already become a
matter of criminal law. The prosecution for homicide was no longer to be
left only to the parentes of the slain, ‘for they might be lukewarm’ (s.
15). The judex ought to take the matter up, and on neglect of his duty
was to be liable for half the payment for homicide, viz. 250 solidi.
Strangers in blood as well as relations had already been enabled to bring
the accusation.
[Sidenote: Homicides fleeing to a church to be handed over as slaves to
the family of the slain.]
Public-domain text, read in full here on John Shaqi.
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