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
(1) The solidus is of two kinds; one has two tremisses, which is
the one-year-old bullock, or a sheep with lamb.
(2) Alter solidus tres tremisses id est, bos 16 mensium.
(2) The other solidus, three tremisses: that is, the ox of
sixteen months.
(3) Majori solido aliæ compositiones, minori homicidia
componuntur.
(3) Other compositions are compounded for with the greater
solidus, homicide with the lesser one.
This was originally the final clause. But the following additions were
afterwards made. In the Corvey Code:--
Quadrinis bos duo solidi. Duo boves quibus arari potest 5 solidi.
Vacca cum vitulo solidi duo et semis. Vitulus anniculus sol. 1.
Ovis cum agno et anniculus agnus, si super adjunctus, sol. 1.
The four-year-old ox, two solidi. Two oxen by which one can
plough five solidi. Cow, with calf, two-and-a-half solidi.
Year-old calf, one solidus. Sheep with lamb, if a year-old lamb
be added, one solidus.
And in the Codex Lindenbrogius:[166]--
Westfalaiorum et Angrariorum et Ostfalaiorum solidus est secales
sceffila 30, ordei 40, avenæ 60; apud utrosque: duo sicle mellis
solidus; quadrimus bos duo solidi: duo boves quibus arari potest
quinque sol., bos bonus tres solidi; vacca cum vitulo solidi duo
et semis.
The solidus of the Westfali and Angrarii and Ostfali is 30
sceffila of rye, 40 of barley, 60 of oats; with both: two siclæ
of honey a solidus; four-year-old ox two solidi; two oxen, with
which one can plough, five solidi; good ox, three solidi; cow
with calf, two-and-a-half solidi.
According to the original final clause, if it had been followed in the
text of the Lex Saxonum the wergelds ought to have been stated in gold
solidi of two tremisses, representing the bullock, or a sheep with her
lamb. And the lesser penalties for wounds, &c., should have been stated
in solidi of three tremisses, representing the ox of 16 months. These
values in gold tremisses would then have been consistent with that of the
full-grown four-year-old ox as stated in Tit. VI. at two solidi--_i.e._
the normal value of the ox before the change in the currency.
But, as it is, the text is not consistent throughout. Returning to the
statement of the wergelds:
Nobilis 1440 solidi.
Litus 120 ”
we are struck at once with the excessive amount of that of the nobilis.
But if the solidi were of two tremisses, as they should have been, then,
translated into solidi of three tremisses, the amounts would stand thus:--
Nobilis 960 solidi, or 1440 bullocks.
Litus 80 ” or 120 ”
These amounts appear to be still far too large; whether regarded in
cattle or in gold.
[Sidenote: The statement of wergelds seems to be in silver solidi.]
Public-domain text, read in full here on John Shaqi.
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