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Tribal Custom in Anglo-Saxon Law

Note 122 — Chapter VI · TRIBAL CUSTOMS OF THE FRANKS AND OF THE TRIBES CONQUERED BY THE MEROVINGIAN KINGS.

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Sohm, in his preface to the Lex in Pertz (dated 1882), p. 188, concludes that this clause and clause 36 must be referred to the sixth century. There is a Formula in Marculf’s collection in which instructions are given to a newly appointed official, inter alia, to judge Franks, Romans, Burgundians, and those of other nations ‘secundum lege et consuetudine eorum’ (Marc. Form., Lib. i. 8.)

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