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
Clearly they are _not_ stated in different solidi, for if for a moment we
take them to be so, then the two eyes of the nobilis would be paid for at
a higher value than his life.
[Sidenote: The solidi must be silver solidi.]
Further, if we look at these payments for wounds carefully, it becomes
clear that they cannot be _gold_ values. Three hundred and sixty gold
solidi for a thumb and 260 for the little finger of a nobilis are quite
impossible fines. The little finger of the Saxon nobilis cannot have been
valued at more than the ordinary freeman’s wergeld under the Salic and
Ripuarian Laws.
We conclude then that, in spite of the last clause in the law, these
values, both for wounds and homicide, are silver values, and that the
figures in the text have at some date or other been substituted for the
original ones to meet the change in the currency.
Let us try to realise what the effect upon the wergelds of the Lex
Saxonum would be of Charlemagne’s substitution of the silver solidus of
12_d._ for the gold solidus.
Up to this time the wergelds had been paid in bullocks valued in gold
at the solidus of two tremisses, and the equation was one no doubt of
ancient custom. Now the Capitularies made them payable in silver at
12_d._ to the solidus.
[Sidenote: Confusion in the currency.]
One result became at once apparent. In the Saxon district the value of
the ox went up, as we have seen, from two of the gold solidi to ten of
the new silver solidi--an excessive rise, no doubt, and one likely to
startle everybody. As regards most debts the change did not matter very
much. The debtor got the advantage. But as regards wergelds hitherto
payable in cattle and in gold it mattered very much indeed. It meant that
a wergeld of 100 head of cattle could be paid in silver at one third of
their value. And Charlemagne’s advisers soon found this out. What if a
Frisian or a Saxon killed a Frank? Was he to be allowed to escape with
a silver payment of one third the value of the cattle? Certainly not;
and so, as we have seen in the Capitularies of 781 and 801 enforcing the
receipt of the silver solidus of 12_d._ for all debts, an exception was
made of wergelds payable by Saxons and Frisians who killed a Salic Frank.
These were still to be paid for, as heretofore, in the solidus of 40_d._
of the Lex Salica--_i.e._ the gold solidus of three tremisses.
This, so far as the wergelds were concerned, set the matter right when a
Saxon killed a Frank; but it did not set it right in the ordinary case of
a Saxon slaying a Saxon.
[Sidenote: The wergelds must be divided by three to obtain value in gold
solidi.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account