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
So that we approach the text of the Frisian law with this valuable
earlier knowledge in our possession. Two centuries before the date to
which the collection of Frisian laws is assigned, the Ripuarian law
bears witness that the Frisian wergeld was 160 solidi. Even if these
clauses were not a part of the original text and did not date back to the
sixth century,[149] the inference would be strong, and perhaps all the
stronger, that such must have been the wergeld at the later date of the
Frisian law. This earlier evidence is important, as, without the clue it
gives us and with nothing but the Frisian law to guide us, we might very
easily have been led to a wrong conclusion.
[Sidenote: The laws are of different dates.]
There seems to be no text of the Frisian laws earlier than that published
by Herold at Basle in 1557, and he does not state from whence he obtained
the text followed by him.[150]
Moreover, it is clear from internal evidence that the laws as we have
them are by no means of one single date. They form, in fact, a collection
of the customs of the three districts into which Frisia was divided, with
modifications and various additions made to the original collection at
different times.
At first sight there are inconsistencies in the statements of the
wergelds, and, as in other cases, the key to an understanding of them
is to be found, to some extent, in close attention to the currencies in
which the amounts of the compositions are stated.
It is not necessary to enter into any discussion of the various theories
suggested to meet the difficulties caused by the confusion of the
various currencies. The knowledge already obtained in the course of
this inquiry will, I think, if adhered to, suffice to clear the way
sufficiently for our purpose. Bearing in mind that the ‘Lex Frisionum’ as
we have it is a compilation with various additions, the inconsistencies
in the text will be no surprise provided that the reason for their
occurrence is apparent.
* * * * *
[Sidenote: The three districts of Frisia and their local solidi.]
Frisia was divided into three divisions, and in certain glosses which
appear late in the laws[151] we are told that each division had a
separate solidus of its own.
(1) Between the _Laubach_ and _Weser_ (the Northern division) the
solidus is described as of two denarii, _i.e._ tremisses, of the nova
moneta.[152] This solidus, we shall find, was like that of the Saxon
tribes on the Eastern side of the Weser. The solidus, being of two
tremisses, contained sixty-four wheat-grains of gold.
(2) In the middle division, between the _Laubach_ and _Fli_, the solidus
is said to have been of three denarii, or tremisses, of the nova
moneta,[153] _i.e._ ninety-six wheat-grains of gold. This solidus is the
gold solidus of three tremisses after it had been raised by Charlemagne
to the standard of the Eastern Empire.
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