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
These wergelds, with one exception, are alike throughout, so far as
regards the proportions between the three classes. The wergeld of the
liber is double that of the litus, and that of the nobilis double that
of the liber except in the Middle district, in which the wergeld of the
nobilis is only 1½ times that of the liber. In the same district there
is an additional payment to the _propinqui_ of the litus, his proper
wergeld, half of that of the liber, going to his lord.
It will be observed that in the last district only are the denarii
(_i.e._ tremisses) stated to be _novæ monetæ_. The inference is that in
the other two districts the tremisses, and therefore the solidi, were of
the lower Merovingian standard.
The district in which the tremisses were novæ monetæ was the Southern
district, first conquered and most thoroughly brought under Frankish
influence. The other two districts had apparently not yet so completely
come under it.
Accordingly, if we take the 106⅔ solidi of the nobilis of the Northern
district to be of Merovingian standard, the result is (106½ × 86·4
wheat-grains) 9216 wheat-grains, or exactly 16 Roman ounces, _i.e._ the
mina called, as we have seen, the Attic mina, which in Scandinavian usage
was divided into two gold marks.
The wergeld of the nobilis in the Middle district between the Laubach and
the Fli is stated to be 80 solidi instead of 106 solidi and two denarii.
But as the wergeld of the liber and litus are the same as those of the
Northern district, and therefore also presumably expressed in Merovingian
currency, the wergeld of 80 solidi of the nobilis, to be consistent,
should also be of the same Merovingian standard. And so it seems to have
been, for 80 Merovingian solidi (80 × 86·4 wheat-grains) make exactly
the Roman pound of 6912 wheat-grains or 12 Roman ounces, _i.e._ 1½ gold
marks.
In the wergelds of both Northern districts, therefore, an original
reckoning in gold marks of the Scandinavian system seems to have been
afterwards translated with exactness into an uneven amount and fractions
of solidi of the Merovingian standard.
[Sidenote: Wergelds in gold marks of the Baltic tribes.]
We may therefore state the wergelds of the two districts north of the
Zuider Zee in marks of the Scandinavian system thus:
Nobilis 2 or 1½ gold marks.
Liber 1 ” mark.
Litus ½ ” mark.
That these wergelds could be stated thus evenly in gold marks of the
Scandinavian system, whilst in Frankish solidi they could be stated only
in uneven numbers and fractions, is an interesting fact. It seems to show
that the original wergelds went back to a time when the trade intercourse
of Northern Frisia was connected mainly with Scandinavia, the Baltic, and
the Eastern trade route. In ‘Beowulf’ we found that Frisia was on the
horizon of the area included within the vision of the poet, the interest
of whose story lay chiefly in the Baltic.
[Sidenote: Only one third of 160 solidi.]
Public-domain text, read in full here on John Shaqi.
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