Whilst a woman is unable to defend herself by arms, let her receive a double composition; if, however, in the boldness of her heart, like a man, she chooses to fight, her composition shall not be double.
In titles XXIX. and XXX. of the Alamannic law it is enacted that if a man be slain in the _curtis_ of the Dux a threefold wergeld must be paid, and that if the messenger of the Dux be killed within the province his triple wergeld must be paid.
[Sidenote: The freeman’s wergeld of 160 solidi under Bavarian law.]
In the Bavarian law the wergeld of the freeman is stated to be 160 solidi, thus:--
If any one kill a free man (‘liberum hominem’) let there be paid to his parentes, if he have any, or if he have no parentes to the Dux or to him to whom he was commended whilst he lived, twice 80 solidi: that is, 160 solidi. (Tit. IV. c. 28.)
There are no wergelds mentioned in the Bavarian law corresponding to those of the _medius Alamannus_ and the _primus Alamannus_ of the Alamannic laws.
[Sidenote: Higher wergelds of certain families.]
According to Tit. III. 1, there were certain families who were held in double honour, and had double wergelds. The Agilolvinga had fourfold wergelds, being the family from whom the Dux was chosen. The Dux himself had a fourfold wergeld with one third added. If the life of any of his parentes were taken the wergeld was, according to one manuscript, 640, and according to another 600 solidi.
These wergelds of the Alamannic and Bavarian laws are not on all fours with those of the Salic and Ripuarian Laws. But in both cases the ordinary freeman’s wergeld is 160 solidi (unless there be no heir to inherit), so that in both cases the wergelds correspond sufficiently with the clause in the Ripuarian Laws which accords to them a wergeld of 160 solidi, after having before stated that strangers are to be judged according to the laws under which they were born.
[Sidenote: Wergelds of the freedman and the servus.]
In the Bavarian law there is special mention of the freedman and the servus, and it is worth while to dwell a moment on the position assigned to them as compared with the ordinary freeman.
There are three titles headed as under:--
Title IV. De _liberis_, quo modo componuntur. ” V. De liberis qui per manum dimissi sunt liberi, quod _frilaz_ vocant. ” VI. De _servis_, quo modo componuntur.