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
If we add up the amount of the two sets of payments the result will be as
follows:--
The three _bauga_ payments of near
relatives, with addition of women’s gifts 20 marks or 64 cows.
The _upnám_ payments within
descendants of paternal and maternal
great-grandparents 10 marks 2 ores or 32⅘ cows.
--------------- ---------
30 marks 2 ores or 96⅘ cows.
As in the Frostathing law the _nefgildi-men_ took as a group an amount
equal to one half the amount of the bauga group, so here the _upnám_ men
do the same. Evidently this is the intention.
[Sidenote: Wergeld of the hauld at 1:8 200 gold solidi, or roundly, 100
cows.]
Now if we may take the bauga payments and the upnám payments as
representing in intention 30 silver marks or 96 cows, then, at a ratio
of 1:8, the 30 silver marks equalled, in wheat-grains, exactly 200
Merovingian gold solidi.[181] And this may have been the ancient wergeld
of the hauld.
There is, however, in clause 235 a further payment mentioned extending
‘to the fifteenth degree of kinship’ and amounting to about 1 mark and 3
ores. Possibly (though I hardly think it likely) this formed a part of
the original wergeld, and if it be added, it would increase the wergeld
to 31 marks, 5 ores, and at 2½ ores to the cow the wergeld would be
increased to 101⅕ cows. If we might take this as roughly aiming at the
round number of 32 marks and 100 cows, the wergeld of the hauld would
be, at the ratio of 1:8, four gold marks or 100 cows: _i.e._ in actual
weight the heavy gold mina of 32 Roman ounces, which under Greek usage
was divided into 100 staters or ox-units. The confusion between 96 and
100 cows is so likely a result of the application of Roman methods to
the division of the mina that we need not regard it. That the one or the
other of these amounts may have been the original wergeld of the hauld
representing originally 100 cows is consistent at least with widely
spread tribal usage.
This view is confirmed by the fact that the further payments mentioned
in the Gulathing are distinctly abnormal ones, and so presumably added at
a later date like those mentioned in the Frostathing law.
We are justified in so considering them, because in the laws themselves
the persons to whom they were made are expressly called _Sak-aukar_, or
‘additional persons in the sak or suit.’ And when we examine them further
we find that they were hardly likely to have been included among the
original recipients of the wergeld.
Public-domain text, read in full here on John Shaqi.
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