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
Those who have charge of the towns (_portus_) shall secure that
under penalties every weight shall be marked at the weight by
which my money is received, and let each of them be marked so
that fifteen ores shall make a pound.
The ores of this law, as we shall see, were evidently ores of 16 pence,
or 512 wheat-grains (16 × 32), for fifteen of such ores made the Saxon
and Anglo-Norman pound of 240 pence, or 7680 wheat-grains.
[Sidenote: Danish ratio of 1:8.]
The fact that the ore of the document describing the customs of the
Bretts and Scots was the same ore as that in use with both Danes and
English in Danish England and probably Northumbria about A.D. 1000 is an
important one. For in this document the value of the cow of the Bretts
and Scots is stated to be three ores, _i.e._ 1536 wheat-grains of silver,
and at the Scandinavian ratio of 1:8 the gold value of the cow would
therefore be once more 192 wheat-grains or two gold solidi of Imperial
standard. That the Danish ratio was 1:8 as in the Scandinavian laws we
shall find to be involved in the Anglo-Danish compacts making Danes and
English ‘equally dear,’ while as late as A.D. 1192 the Abbey of Kelso
compounded for payments to the Pope at the same ratio, two solidi of
sterlings (24_d._ of 32 wheat-grains), or 768 wheat-grains of silver
being paid for the gold solidus of 96 wheat-grains.[205]
[Sidenote: Laws of the Bretts and Scots belong to time of Danish
influence.]
We may therefore consider that the document relating to the Bretts and
Scots belongs to the period of Danish influence, and is of much earlier
date than the work to which it was appended by the Scotch editor of
Glanville.
III. LEGES INTER BRETTOS ET SCOTOS.
[Sidenote: Norman French version thirteenth century.]
The remarkable document printed separately in Appendix III. of the
‘Ancient Laws of Scotland’ under the above title is given in three
languages--Latin, Norman French, and Scottish English.
The oldest version of it is that of the ‘Berne Manuscript,’ now in
the ‘Register House’ at Edinburgh, which is considered to be of the
thirteenth century. It appears in this manuscript as a separate document
in Norman French, and therefore it would seem that we owe this statement
of ancient custom to a Norman scribe. The Latin version added to the
‘Regiam Majestatem’ is of later date. The earliest manuscript is of the
fourteenth century.[206]
As given in the ‘Regiam Majestatem’ it consists of four clauses, LV. to
LVIII.
[Sidenote: The cro and galnes.]
The clauses are headed ‘Quid sit le cro quod anglice dicitur “grant
before the King,”’ ‘De occisis in pace Regis,’ ‘De Kelchyn regis et
aliorum dominorum Scocie,’ and ‘De effusione sanguinis.’
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