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
No wonder that they should have introduced confusion and alterations in
the text of the various clauses. And in order that we may be able to
feel our way through them it now only remains that we should realise the
actual difference between the amount of silver in the 40 denarii of the
solidus of the Lex Salica and the amount of silver in the 12 denarii of
the new solidus of the _nova moneta_ which had thenceforth to take its
place as legal tender in the payment of debts and wergelds.
In the first place, we know that the denarius of the nova moneta was a
silver penny of 32 wheat-grains, so that Charlemagne’s solidus of 12
silver pence contained 384 wheat-grains of silver.
[Sidenote: All debts could be paid in one third of the weight of silver
required before.]
In the next place, whatever the denarii of the Lex Salica may originally
have been, we know that the Merovingian silver denarii which had long
been current in France and in England were of the same weight as the
Merovingian gold tremisses, viz. 28·8 wheat-grains. Forty of these would
contain 1152 wheat-grains of silver--_i.e._ exactly three times as much
silver as the twelve denarii of the nova moneta.
So that if a wergeld were paid in silver it could now be paid in exactly
one third of the weight of silver hitherto required under the Salic law,
and so of every other debt.
Finally, not only was the ratio between gold and silver disturbed, but
also the ratio between money and cattle. And this was an important matter
in the payment of wergelds, for, as we have seen, the normal wergeld was
100 head of cattle. Obviously, wergelds would no longer be paid, as of
old, either in gold or in cattle, when they could be paid at a third of
the value in silver.
[Sidenote: In which currency are the wergelds of the Frisians and Saxons
recorded in the laws?]
In framing new laws representing the old customs of the newly conquered
Frisians and Saxons, the question would certainly arise whether the
wergelds were to be stated in the equivalent of their old customary value
in cattle, or reduced to one third of their old value by retaining the
traditional number of solidi as if they were still of the gold value.
We have seen that Frisians and Saxons were exceptionally dealt with; but
they had now become a part of the Empire, and, with the best intentions,
how was the framer of their laws to describe their ancient wergelds which
had hitherto been paid in gold solidi or in cattle? No one of the courses
open to him would be without its difficulties.
He might record the customary wergeld as still to be paid in gold solidi;
in which case the wergeld would be three times that of neighbouring
tribes who could now pay their wergelds in silver.
Or he might divide the amount of the ancient wergeld by three, so as to
reduce it to the lower level; in which case the number of animals in
which by long custom the wergeld had been paid would be worth three times
the wergeld payable in gold.
Public-domain text, read in full here on John Shaqi.
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