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
It might at first sight be thought that these twelve denarii may have
been twelve _argentei_ or drachmæ, but 240 drachmæ would make far more
than a pound. And by an edict of A.D. 765[136] Pippin had enacted that
out of a pound of silver not more than 22 solidi were to be made, one
of which was to go to the monetarius, and this clearly forbids the
supposition that the solidus could be of twelve drachmæ. The pound would
contain only eight such solidi.
Another Capitulare of A.D. 779[137] proves that the twelve denarii were
Merovingian denarii of 28·8 wheat-grains.[138]
The issue of the new denarii of 32 wheat-grains was apparently made
before A.D. 781, for in that year an edict was passed forbidding the
currency of the old denarii.[139]
[Sidenote: The pound of the _nova moneta_ was 240 pence of 32 w.g. = 7680
w.g.]
There was nothing very remarkable in this raising of the silver denarius
from 28·8 to 32 wheat-grains. It was merely adopting the Imperial
standard. But the extraordinary thing was that Charlemagne seems to have
thought that he could, by law, substitute the solidus of 12 of his silver
denarii for the _gold solidus_ hitherto in use. The gold currency was
going out and the silver currency was taking its place; but it was quite
another thing to make the solidus of 12 silver denarii of 32 wheat-grains
legal tender in the place of the gold solidus of the Lex Salica of 40
silver denarii of 28·8 wheat-grains. Yet this was what Charlemagne did,
though perhaps only by degrees.
[Sidenote: Charlemagne enacted that the silver solidus should be legal
tender for the gold solidus.]
The change was made under the pretence of the sanction of ancient
custom. In the addition made to Tit. XXXVI. of the Ripuarian law the
wording of the clause as to the payment of wergelds was ‘Quod si cum
argento solvere contigerit, pro solido duodecim denarios, _sicut
antiquitus est constitutum_.’ And this allusion to antiquity was repeated.
What was meant by this appeal to ancient custom it is not easy to see,
unless it might be the probably long-established equation already
mentioned between 12 Roman drachmas or argentei and the Merovingian
gold solidus. Very possibly this equation was older than that of the 40
denarii to the solidus of the Lex Salica.
In a series of remarkable articles contributed to the _Forschungen zur
Deutschen Geschichte_ of 1862,[140] Dr. Ad. Soetbeer endeavoured to show,
and with considerable force, that the introduction into the Lex Salica of
the round numbers of denarii--forty to the solidus--was of comparatively
late date; and if this hypothesis be correct, then it may be that
Charlemagne was appealing to an earlier Frankish custom of reckoning 12
silver denarii or drachmæ to the gold solidus. But even if it could be
so, obviously the denarii of 12 to the solidus of ancient custom cannot
have been the same denarii as those which afterwards were reckoned at 40
to the solidus.[141]
[Sidenote: This involved a ratio of 1:4.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account