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
Nobilis (6912 w.g.) = 72 solidi of 3 tremisses or 1½ gold mark.
Liber (4608 w.g.) = 48 ” or 1 gold mark.
Litus (2304 w.g.) = 24 ” or ½ a gold mark.
_Between the Fli and the Sincfal._
Nobilis (9600 w.g.) = 120 solidi of 2½ tremisses.
Liber (4800 w.g.) = 60 ” ”
Litus (2400 w.g.) = 30 ” ”
It is interesting to observe that the wergelds of the two districts
north of the Zuider Zee, when translated back again into local solidi,
turn out to have been in even numbers of such solidi, as well as in even
gold marks of the Scandinavian district, whilst those of the Southern
district, most under Frankish influence, make even numbers of the local
solidus but not of the mark.
When these Frisian wergelds in local solidi are regarded in connection
with the fact that the wergelds on the east or Saxon side of the Weser
were, as we shall find, also paid in a local solidus, and that this Saxon
local solidus, like the solidi of the North Frisian district, was of two
tremisses, and further that it represented the value of the one-year-old
bullock, we are led to conjecture that the Frisian local solidi also
may have represented the animal in which the wergelds were originally
reckoned and paid. And this may perhaps be confirmed by the fact that,
down to comparatively modern times, the East Frisian silver currency
consisted chiefly of the _gulden_ and its one-tenth the _schaap_.
Possibly the _gulden_ of this silver currency may point back to a time
when the ‘gold piece’ was reckoned of the value of ten sheep.[161] But
this is conjecture only. The dog, as we have seen, was the only animal
whose value was fixed in the laws.
[Sidenote: Why only one third of 160 solidi?]
The fact that the gold and the silver values of the wergelds of titles I.
and XV. of the lex seem to correspond leads up once more to the difficult
question why the wergeld of the liber should be exactly one third of what
the Ripuarian law apparently declared it to have been.
Richthofen, in his preface and notes to the Frisian laws in the edition
of Pertz, points out that in later additions to the laws there is a
curious duplication and triplication of figures which has to be accounted
for. The facts seem to be these:--
In Tit. XXII. _De Dolg_, relating to the Middle district and forming part
of the more ancient law, the fines for wounding are first given for the
_liber_, and then an explanation is made in the Epilogue that those for
the _nobilis_ were one third higher and those for the _litus_ one half
less. The composition for the eye is stated to be half the wergeld.
[Sidenote: Fines and perhaps wergelds trebled afterwards.]
Public-domain text, read in full here on John Shaqi.
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