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
Further, in Clause 9, the King, with the consent of Franks and Saxons,
was to have power at his pleasure, whether _propter pacem_, or _propter
faidam_, or for greater causes, to double the amount of the usual _bann_
of 60 solidi, making it 120 solidi, and to insure obedience to his
commands by any amount up to 100 or even 1000 solidi.
Lastly, in the final clause is the following:--
[Sidenote: Wergelds payable in cattle &c. or in the silver solidi of 12
pence.]
Moreover, it is to be noted what the solidi of the Saxons ought
to be, _i.e._:
The one-year-old bullock of either sex in autumn, as it is
sent into the stable, for 1 solidus. Likewise in spring, when
it leaves the stable, and afterwards as it grows in age, so
its price increases. _De annona bortrinis_ let them give for a
solidus 40 _scapili_, and of rye 20.
_Septentrionales_ for a solidus, of oats 30 scapili, of rye 15.
_Bortrensi_ 1½ sicla of honey for a solidus. _Septentrionales_ 2
sicla of honey for a solidus; also of clean barley they give the
same as of rye for a solidus.
In silver let them make twelve pence the solidus. (_In argento
duodecim denarios solidum faciant._) In other things at the price
of estimation.
So that in this Capitulare of A.D. 797, issued just before Charlemagne
became Emperor, there is the clear statement that the one-year-old
bullock is still to be reckoned as one solidus, and the further statement
that in silver 12 pence make the solidus. And this in a clause headed
with the words: ‘Moreover it is to be noted what the solidi of the Saxons
ought to be.’
The fact therefore seems to be that these Capitularies relating to the
Saxons, and the Lex Saxonum, following upon the Conquest of the Saxons,
date from the middle of the time when the change in the currency from
gold to silver was taking place, and the silver solidus of 12 pence,
first of Merovingian standard and ultimately of the _nova moneta_, was by
law made equivalent for payments to the gold solidus of the Lex Salica of
three gold tremisses or of 40 pence.
Now, having derived this information from the Capitularies, let us turn
back to the laws.
[Sidenote: Destruction of eye &c. paid for with a half wergeld.]
In Tit. I. _De vulneribus_, the penalty for destroying another’s eye
is 720 solidi, exactly half the number of solidi in the wergeld of the
nobilis, and for both eyes 1,440 solidi--_i.e._ exactly the amount of
the whole wergeld of the nobilis. These proportions are found in several
other laws, and were quite natural if the payments were made in both
cases in the _same_ solidi. But these wounds ought, according to the
final clause in the law, to have been paid for in the solidus of three
tremisses, while the wergelds should have been paid in solidi of two
tremisses.
Public-domain text, read in full here on John Shaqi.
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