Theft of bees from within another’s fence or of things to the value of two solidi by night from a house, or of things of any kind, day or night, of the value of three solidi, was to be capitally punished. Theft of things of less value than three solidi was to be compounded for ninefold, and pro freda the nobilis was to pay 12, the liber 6, and the litus 4 (? 3) solidi.
In Clause 6 of Title II. is the following:—
Si mordum totum quis fecerit, componatur primo in simplo juxta conditionem suam; cujus multæ pars tertia a proximis ejus qui facinus perpetravit componenda est, duæ vero partes ab illo; et insuper octies ab eo componatur, et ille ac filii ejus soli sint faidosi.
If any one commit murder with aggravation of concealment he (the murderer) makes composition first in simplo according to his condition, of which payment one-third part is to be paid by the next of kin of him who has perpetrated the crime, and two-thirds by himself; and besides eight times (the wergeld) is to be paid by him, and he and his children alone shall be in feud.
Murderer pays two thirds and his kindred one third of wergeld, as in Frisian law.
This clause is valuable as showing that, as in the customs of Frisia and most other Low German tribes, the murderer paid two thirds and his kinsmen one third of the wergeld in ordinary cases.
The murderer and his children alone had to pay the eight parts added for the aggravation of the crime by concealment.
That the Lex Saxonum is in some things at least a record of local custom is shown by the fact that, as in Frisia, varieties were recognised in the several divisions of the country.
Local customs as to dower of wife.