Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
De fratribus namque qui simul in paterna seu materna hereditate
communiter vivunt, nolentes substantiam illorum dividere, hac
occasione, ut unus tantum eorum in hostem vadat, volumus ut si
solus est vadat: si autem duo sunt similiter: si tres fuerint
unus remaneat: et si ultra tres numerus fratrum creverit, unus
semper propter domesticam curam adque rerum communium excolentiam
remaneat. Si vero inter eos aliqua orta fuerit contentio, quis
eorum expeditionum facere debeat, prohibemus ut nemo illorum
remaneat. In ætate quoque illorum lex propria servetur. Similiter
et in nepotibus eorum hæc conditio teneatur.
Concerning brothers who together live in common in the paternal
or maternal inheritance, unwilling to divide their substance,
when occasion comes that one of them only should go _in hostem_,
we will that if there be one only he should go, and if there be
two the same: if there be three let one remain; and if the number
of brothers grows to more than three, let one always remain on
account of domestic care and to attend to their common concerns.
But if among them any contention shall have arisen which of them
ought to go on the expedition we prohibit that any one of them
shall remain. During their lives also let the _lex propria_ be
preserved. In the same way let this condition be kept to even
among their grandsons.
When we reflect that the Franks living under the Lex Salica must have
thus sunk into a small minority, it becomes obvious that wider views must
of necessity have entered into the minds of Charlemagne and his advisers,
not only as regards land, but also as regards the currency.
[Sidenote: The currency of the Lex Salica only a local one.]
The currency of the Lex Salica, with its solidi of 40 denarii, was,
as has been said, after all a local one. And outside the old Frankish
boundary, in the Wisigothic region, as well as probably in Italy, the
Roman currency or local modifications of it apparently more or less
prevailed. Ecclesiastics, as we have seen, even Alcuin himself, still
used the terms of Roman currency in writing on monetary matters to their
friends outside the Empire.
[Sidenote: The Roman drachma or _argenteus_ of 72 w.g. the silver
denarius of the Empire.]
To them the denarius was still the Roman drachma of 72 wheat-grains of
silver, commonly called the _argenteus_, in contrast to the gold solidus
or _aureus_.
Gregory of Tours, when he has occasion to mention monetary payments,
speaks of _aurei_, _trientes_, and _argentei_. In one story he speaks of
_solidi_, _trientes_, and _argentei_.[131]
Public-domain text, read in full here on John Shaqi.
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