Homo denarialis non ante hæreditare in suam agnationem poterit quam usque ad terciam generationem perveniat.
So that more of tribal custom still prevails in his case than at first appears. Only in the third generation are full rights of inheritance secured to his successors.
Wergeld of the libertus under Roman law 100 solidi.
If now we turn to the libertus under Roman law, Tit. LXI. states that if any one shall make his servus into a libertus and Roman citizen, if he shall commit a crime he shall be judged by Roman law, and if he be killed the payment shall be 100 solidi: but ‘if he shall die without children he shall have no heir but our fisc.’
Thus, as regards inheritance, the Frankish denarialis and the Roman libertus seem to be treated alike, notwithstanding the difference of wergeld.
Turning to another matter, the Ripuarian laws, being of later date than the Lex Salica, made provision for the wergelds of the clergy.
Wergelds of the clergy, and of their ‘men.’
Tit. XXXVI. provided that the clergy should be compounded for according to their birth, whether of the class of servi, or men of the king or of the Church, or liti, or ingenui. If ingenui, they were to be compounded for with 200 solidi. Then the wergelds of the higher clergy are stated as follows:—
| Subdeacon | 400 solidi |
| Deacon | 500 ” |
| Priest | 600 ” |
| Bishop | 900 ” |
And there is a long clause De Tabulariis (Tit. LVIII.) providing that servi may be made under process of Roman law tabularii of the Church, so that they and their descendants shall be and remain servants of the Church, and render the proper services of tabularii to the Church, without any one having power further to enfranchise them. In case of their death without children the Church is to be their heir. These appear to be the ‘men of the Church’ whose wergeld was 100 solidi.