Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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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
Economically speaking, the substitution of the solidus of 12 denarii
for the gold solidus, if they had been Roman drachmæ, would have been
reasonable and might have made no change in prices; but the substitution
of 12 of the new denarii of 32 wheat-grains for the forty denarii of 28·8
wheat-grains, involving a ratio between gold and silver of 1:4, could
only be justified by such a scarcity of silver as would prevent a rise in
prices. That it was not so justified became very soon apparent.
Following the order of date, the Capitulare of A.D. 785, ‘de partibus
Saxoniæ,’ shows that prices when quoted in the solidus of 12 pence
immediately rose. The ox, the traditional value of which was two gold
solidi, is reckoned as worth ten silver solidi. And M. Guérard has shown
from the various instances given in the ‘Polyptique d’Irminon’ that
on the estates of the Abbey of St. Germain-des-Prés the price of oxen
remained at an average of eight silver solidi long after the death of
Charlemagne.[142]
The Lex Salica continued in force with all its fines and wergelds stated
in gold solidi of 40 denarii. And a Capitulare of A.D. 801[143] contains
the following section which reveals the beginning of confusion:--
[Sidenote: Exception made as to Saxons and Frisians.]
Ut omnis solutio atque compositio, que in lege Saliga continetur,
inter Francos per duodecim denariorum solidos componatur, excepto
hubi contentio contra Saxones et Frisones exorta fuit, ibi
volumus ut 40 dinariorum quantitatem solidus habeat quem vel Saxo
vel Frisio ad partem Salici Franci cum eo litigantis solvere
debet.
That every payment and composition which is contained in the lex
Salica between Franks shall be paid by solidi of twelve pence,
except that where a dispute has risen up against Saxons and
Frisians we will that the solidus shall be of the amount of 40
pence which either a Saxon or a Frisian ought to pay to a Salic
Frank at law with him.
In A.D. 803 a clause was inserted in a Capitulare to the effect that
all debts to the King should be paid in solidi of 12 denarii ‘excepta
freda quæ in lege Saliga scripta sunt.’[144] This looks like a general
reservation of the fines and wergelds of the Lex Salica. But it does not
seem to have been so intended, or perhaps there was vacillation in the
Councils of the Emperor.
A Capitulare of A.D. 816[145] contained the following:--
De omnibus debitis solvendis _sicut antiquitus fuit constitutum_
per duodecim denarios solidus solvatur per totam Salicam legem,
excepto leudis, si Saxo aut Friso Salicum occiderit, per 40
dinarios solvant solidum. Infra Salicos vero ex utraque parte de
omnibus debitis sicut diximus 12 denarii per solidum solvantur,
sive de homicidiis sive de omnibus rebus.
Public-domain text, read in full here on John Shaqi.
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