V. THE SO-CALLED LEX CHAMAVORUM.

This document, according to most recent authorities, relates to a district between the Frisians and Saxons to the North and East, with the river Meuse to the South.[171]

The Chamavi under Frankish law.

Its real title seems to be Notitia vel commemoratio de illa euva quæ se ad Amorem habet, and it seems to be not so much a code as a memorandum of the wergelds and fines of a Frankish people settled in the district alluded to. Probably in date it may belong to the time of Charlemagne, but before his changes in the currency.

It is of some interest to this inquiry because of its peculiar position, as relating to a tribe or people under Frankish rule, and yet with customs of its own which have survived Frankish conquest.

The Notitia starts with the declaration that in ecclesiastical matters, as regards the bannus dominicus, the same laws prevail ‘as other Franks have.’

Wergeld of the Homo Francus three times that of the ingenuus.

And then it at once describes the wergeld, as follows:—

The wergelds of this law are as under. Whoever kills—

Homo Francus600solidi et pro fredo200sol.
Ingenuus200” ”66⅔”
Lidus100” ”33½”
Servus50” ”16⅔”

Then follows a clause (VII.) which states that if any ‘Comes’ be slain in his own ‘comitatus’ the wergeld is to be three times that according to his birth.

The Homo Francus thus has a triple wergeld, like the Comes. But the Comes may possibly be not ingenuus. He may be a lidus with official position, and so presumably, according to Clause VII., with a threefold wergeld of only 300 solidi.

In the next clause the Royal ‘Missus’ is put in the same position while on the King’s business. His wergeld is also to be trebled.

What, then, is the Homo Francus with a wergeld three times that of the ordinary ingenuus of the district of Amor?

The wergeld of the latter is the full normal wergeld of 200 solidi. The Homo Francus in this district was therefore very much above the ordinary freemen of other laws. He was evidently a Frankish landowner on a large scale, towering in social position above the ordinary freemen of the district.

The casa and curtis of the Homo Francus alone were protected by special clauses (XIX. and XX.), and of him alone are any hints given as to kindred or inheritance. Clause XLII., in the following few words, enlightens us as to his social position:—

If any Francus homo shall have sons, his inheritance in woods and in land shall pass to them, and what there is in slaves and cattle.

Concerning the maternal inheritance, let it go in like manner to the daughter.

We must probably consider the privileged position of the Homo Francus as presumably the result of Frankish conquest. The great landowner may have been the holder of a benefice, or a tenant in capite placed upon the royal domain with ministerial and judicial duties, and the triple wergeld may fairly be assigned to his official position.

But to return to the wergelds.

The payment pro fredo seems to have been equal to an additional one third of the wergeld.

Payment for the eye etc. one quarter the wergeld.

From clauses XX. and XXXII. it appears that the value of an eye or hand or foot was one quarter of the wergeld, instead of half as in the Salic and Ripuarian Laws.

Theft was to be paid for ninefold with four solidi pro fredo.

The further clauses regarding theft in this border district of forests and cattle and mixed population are not quite easily understood, nor need we dwell upon them.

In c. XXX. the penalty for letting a thief go without bringing him before the Comes or centenarius was 60 solidi, as in the Ripuarian Laws.