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
o o 32·65 ” = 4 ” ” 8·16
o o
o o 32·4 ” = 4 ” ” 8·1
o o
o 24·35 ” = 3 ” ” 8·12
o o
The unit of these weights is exactly the Eastern stater of 8·18 or two
Merovingian solidi.[173]
Whether this standard had been arrived at independently of the
Merovingian standard, or adopted from it, we must not stop to inquire. It
is enough that the ortug at the date of the laws through Roman influence
had come to be reckoned as one third of the ounce.
Whatever may have been the early Byzantine influences and that of Eastern
trade routes, long before the date of the Norse laws, Scandinavia had
come under Frankish influences also.
[Sidenote: The mark of 8 Roman ounces and Charlemagne’s mark of the _nova
moneta_.]
Already during Merovingian times, chiefly through the Frisian mint at
Duurstede, Merovingian currency had become well known on the Baltic, and
we have seen that the first Scandinavian coins were copies from those of
the Duurstede type. Hence it came to pass that in the most ancient of
the Norse laws the old Scandinavian reckoning in gold and silver marks,
ores, and ortugs had become connected with the Frankish currency. During
the period of Merovingian influence the Merovingian ounce and the Norse
ore were both, reckoned in wheat-grains, the ounce of the Roman pound,
whatever may have been their actual weight. The mark of eight ounces
contained 4608 wheat-grains of gold or silver. But at last, as the
result of Charlemagne’s conquests in the North, his _nova moneta_ with
its higher standard was brought into contact with Scandinavia. His mark
of eight of his ounces or 5120 wheat-grains ultimately superseded in
Norway and Denmark the old mark of eight Roman ounces. Hence, as all the
Scandinavian laws as we have them, are of later date than Charlemagne’s
conquests, the question must arise, which of the two marks is the one in
which the wergelds and other payments are described.
In the oldest Norse laws the wergelds are stated mostly in _silver_
marks, ores, and ortugs. The ratio between gold and silver was 1:8, so
that an ore of gold equalled a mark of silver, and thus the translation
of silver values into gold is easy. The laws themselves, as we shall
find, make this perfectly clear. A wergeld stated as of so many gold
marks is divided in the details of payment into silver marks, ores, and
ortugs at the ratio of 1:8.
II. THE WERGELDS OF THE GULATHING AND FROSTATHING LAWS.
[Sidenote: The Gulathing law.]
In approaching the consideration of the Scandinavian custom as to
wergelds and the structure of tribal society as disclosed in the ancient
laws, I do it with great diffidence, especially as, for the translation
of Old Norse, I am dependent on others.
Public-domain text, read in full here on John Shaqi.
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