The dog is the only animal whose value is fixed by the law. And its value at first sight was not the same in the several divisions.
| Between Laubach and Sincfal. | Between Laubach and Weser. | |
|---|---|---|
| Dog for hawking | 4 sol. | 8 solidi and 12 |
| Wolfhound accustomed to kill wolves | 3 sol. | |
| Wolfhound which wounds but does not kill | 2 sol. | 8 ” |
| Shepherd dog | 1 sol. | 4 ” |
The difference between the value of the dog in the Northern and the other divisions can hardly be other than one of different currencies. Probably the values for the Northern division may be silver values. It may, however, be remarked in passing that the value of a dog in any case is not lightly to be regarded as excessive. Its high value in the Frisian laws, and also in other laws, shows how dependent the tribes surrounded by forests were upon its help. In the Cymric Codes, as we have seen, the herdsman’s dog was worth as much as an ox. In the Alamannic Laws the shepherd dog which could kill a wolf was valued at 3 gold solidi, or half as much again as the ‘best ox,’[158] and in the Lex Salica the canis pastoricalis[159] was valued at 3 solidi. It is not difficult, therefore, to understand how in Frisia the dog which could kill a wolf should be worth 3 gold solidi, and the ordinary shepherd dog a gold solidus.
We now come to a set of clauses in which the differences between the three districts again appear, and in one of which, viz. again the district between the Laubach and the Weser, we meet with values stated in silver solidi of 20 to the pound, i.e. of twelve pence.
Methods of compurgation and ordeal.
These clauses are interesting as illustrating Frisian methods of compurgation, the ordeal of the lot and of hot water, and trial by battle, all of which evidently belong to ancient tribal custom.
Title XIV. relates to the slaying of a man in a crowd, and describes the means taken to ascertain whose deed it was. Each division had its own custom. That of the Middle district is first described:—
The relative of the slain may summon seven men and charge each of them with the crime, and each is then put upon his oath with eleven co-swearers. Then they are to go to the church, and lots are to be cast upon the altar, or if the church be too far off the lots are to be cast upon relics.
The lots are to be two pieces (tali) cut from a rod and called teni, on one only of which is the sign of the cross, the other being left blank. A clean cloth is to be spread over the altar or the relics, and then the priest (or if none, an innocent boy) ought to take one of the lots from the altar and pray God to show by some evident sign whether those seven who have sworn have sworn truly. If he takes up the lot marked with the cross, then those who have sworn were innocent. But if he takes up the other, then each one of the seven makes his own lot, from a rod, and marks his own sign on it, and so that both he and those standing by can recognise it. And the lots shall be wrapped up in clean cloth and laid upon the altar or relics, and the priest, if he be there, and if not the innocent boy, as above, shall take up each of them one by one from the altar, and shall ask him who knows it to be his own lot. And he whose lot happens to be last shall be compelled to pay the composition for the homicide. The rest, whose lots have already been taken up, are absolved.
But if, in the first trial of the two lots, he takes up the one marked with the cross, the seven shall be innocent, as aforesaid, and he (the accuser), if he wishes, shall summon others for the same homicide, and whoever may be summoned ought to clear himself by complete oath with 11 co-swearers. And this shall be enough for the accuser, nor can he bring any one further to the lot.