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
Turning from the Cymric monetary system to that of the early Irish
manuscripts and Brehon laws, we shall find that it was based on the
Roman scripulum of 24 wheat-grains, and not, like the Anglo-Saxon and
Frankish system, on the tremissis. And we shall find that though thus
based upon the scripulum and the ounce, when payments were made in gold
and silver, the reckoning, instead of making use of the Roman or any
other pound, counted rather in _scores of ounces_; _i.e._ consciously or
unconsciously, in so many of the mina Italica.
* * * * *
[Sidenote: The _mina Attica_ of 16 Roman ounces or 2 marks.]
So much for the _mina Italica_ and its possible Anglo-Saxon and Celtic
connections.
The other mina, the mention of which is important, formed the probable
basis of Scandinavian reckoning in _marks_ instead of in pounds.
The authorities collected by Hultsch describe this mina as of 16 Roman
ounces, and as the ‘_mina Attica_.’[15] It is a fact that 16 Roman ounces
did exactly equal in weight (though not in wheat-grains) the light mina
of 50 Attic staters or 100 drachmas. But under Roman influence this
Attic mina no longer was divided like a mina into 100 drachmas, but had
become twisted, as it were, into 16 Roman ounces and into 96 solidi of
Constantine.
[Sidenote: The mark, ore, and ortug of Scandinavia.]
In Northern Europe, in nearly all the systems of reckoning which survived
from mediæval times, the pound of 12 ounces was ignored. A pound of 16
ounces had taken its place. And this pound or mina of 16 ounces lay, as
we shall find, at the root of the system of the earliest Scandinavian
laws, with its monetary marks, ores, and ortugs, for it was the double of
the _mark_ of 8 ounces. The Russian zolotnic (or ‘gold piece’), on which
the weight system of Russia is based, was theoretically identical in
wheat-grains with the Roman solidus, and the Scandinavian ortug with the
double solidus or stater.
It is not needful to dwell further upon these points at this moment; but
it will become important to recognise the Byzantine or Eastern origin
of the mina of 16 Roman ounces when we come to consider the wergelds of
Northern Europe, and particularly the equation between the Danish wergeld
of 8 half-marks of gold and the silver wergelds of Wessex and Mercia as
described in the compact between Alfred and Guthrum.
In that compact we shall have to recognise not only the contact of two
methods of monetary reckoning widely separated in origin, the one of gold
and the other of silver, but also the clashing of two traditional ratios
between the two metals, viz. the Scandinavian ratio of 1:8, and the
restored Imperial ratio of 1:12 followed by the Anglo-Saxons.
VI. THE USE OF GOLD TORQUES AND ARMLETS, &C., INSTEAD OF COINS.
[Sidenote: Wergelds paid in cattle or gold or silver by weight.]
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