The lapse of landed rights in family holdings to the kindred was one thing. Their passing out of the kindred to vicini who were strangers would be quite another thing.
When after a time, let us say under cover of the title ‘de migrantibus’ or upon extended conquests, others, perhaps ‘Romani possessores,’ had taken places in the villa side by side with the tribesmen living under the customary rules of terra Salica, or when Salic Franks had settled among strangers, the new element would have to be reckoned with.
In the clause ‘de migrantibus’ the protection of ancient Salic custom was sought by the exclusion of strangers at the instance of a single objector from terra Salica. In the Edict of Chilperic, on the other hand, the presence of stranger vicini was taken for granted, and the protection of terra Salica sought by extending the right of succession to brothers and females, so that at least fewer cases might arise of lapsed inheritances falling away from the kindred into the hands of the vicini who might be strangers.
The breaking up of tribal custom thus was not all at once, but by steps. At first terra Salica was limited to men, then female succession was allowed, and lastly, in default of kindred, stranger vicini under certain conditions were admitted to the lapsed inheritance.
IV. THE WERGELDS AND DIVISION OF CLASSES IN THE ‘LEX RIPUARIORUM.’
The customs of the Ripuarian Franks as to wergelds, as might be expected, do not seem to have varied much from those of the Salic Franks. They were probably neighbours in close contact with each other, and, judging from the laws, the population of the district was a mixed one.
Wergeld of freeman as under the Lex Salica, 200 gold solidi. That of the official threefold.
The wergeld of the Ripuarian ingenuus, like that of the Salic Frank or barbarian living under the Lex Salica, was 200 gold solidi, and 12 co-swearers were required to deny the homicide (Tit. VII.).
Here again official position seems, as under the Salic law, to be protected by a triple wergeld. The grafio or comes, who was a fiscal judge, had a wergeld of 600 solidi (Tit. LIII.). The payment for one in truste regis was also 600 solidi (Tit. XI.).
On the other hand, the wergeld of a ‘homo regis’ (Tit. IX.), like that of the ‘puer regis’ of the Salic law, was only 100 solidi, and that of the ‘man’ of the Church the same (Tit. X.), i.e. half that of the Ripuarian ingenuus.