The Wergeld, following the manuscripts
Christophe Camby
Was the Wergeld a « Germanic » notion? The European research has modified description of antique Germanity inherited from XIX’ and XX’ centuries Franks, as Roman soldiers, were they in position to transmit specific legal manuscripts reveal primitive form uuere-gildus. study focuses on “barbarian” laws Lombards, Alemans Bavarians. When comparing cases application uueregildus with contexts late Empire many points appear contradiction usual definition Wergeld. actions are never private, but generally take place front judge. criminal procedures applied similar ones. pecuniary estimation free man had become common practice under Empire. Theodosian code gives proofs judicial ransom practises imperial right. uuere-gildus may have been “popular” equivalent penal denomination. is ‘high tax’, maximal penalty. default its payment implies capital punishment condemned. In right, this procedure corresponds treatment causae capitales, sometimes said: poenae maximae, which seems be celto-latine transposition. historiography presents abuse use pretended historical proof, Carolingian times, XVI’ century, for benefit thesis Frankish “conquest”.