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
If any one shall kill a freeman--a Frank or barbarian man who
lives under the Lex Salica--let him whose guilt is proved be
judged to be liable for viii. M. denarii, which make cc. solidi.
As this clause probably dates before the issue of Merovingian solidi of
diminished weight, the 200 solidi of the wergeld may be taken to have
been at the date of the law 200 gold solidi of Imperial standard.
So that the wergeld of the Frank or the free ‘barbarus living under the
Lex Salica’ originally, when paid in gold solidi, was neither more nor
less than the normal wergeld of a heavy gold mina.
[Sidenote: Officials had a triple wergeld.]
We learn from clause 2 of the same title that if the homicide was
aggravated by concealment of the corpse the composition was increased to
24,000 denarii or 600 solidi, and that the wergeld of a person ‘in truste
dominica’ was again 600 solidi. The Royal Official thus, as in several
other laws, had a triple wergeld.
Then lastly under the same title are three clauses describing the
wergelds of the ‘Romanus homo conviva Regis,’ as 300 solidi, of the
‘Romanus homo possessor’ as 100 solidi, and of the ‘Romanus tributarius’
in some texts 45, and in others 63, 70, and 120 solidi. In Codex 10 the
‘Romanus possessor’ is described as the man who in the pagus in which he
lives _res proprias possidet_.
The natural inference from these lesser wergelds is that the
Gallo-Romans were not ‘living under the Lex Salica,’ but under their
own Gallo-Roman law, with wergelds one half the amount of those of the
Frankish freemen.
Another of the 65 titles, viz. LIV., gives a further set of wergelds.
The wergeld of a _grafio_ is to be 600 solidi, that of a _sacebaro_ or
_ob-grafio_ who is a _puer regis_ 300 solidi, and that of a _sacebaro_
who is an _ingenuus_ 600 solidi. The _sacebaro_ was apparently the lowest
in rank of judicial officials except the _rachinburgus_, and the clause
adds that there ought not to be more than three sacebarones in each
malberg.
We may conclude from these statements that, the wergeld of the freeman
living under the Lex Salica being 200 gold solidi, the higher wergelds
up to 600 solidi were the threefold wergelds of public officials, _i.e._
threefold of the wergeld of the class to which they belonged. The wergeld
of the sacebaro who was a _puer regis_ was three times that of the
Romanus possessor. The sacebaro who was an _ingenuus_ had a wergeld three
times that of the ingenuus living under Salic law.
[Sidenote: Strangers in blood had only half wergelds _Romanus possessor_
100 solidi.]
We are thus brought into contact with an interesting question. These
laws, made after conquest and settlement on once Roman ground, ought to
be good evidence upon the tribal method of dealing with strangers in
blood: _i.e._, in this case, the Gallo-Roman conquered population. And
these clauses seem to show that half wergelds only were awarded to them
under Salic law.
Public-domain text, read in full here on John Shaqi.
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