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
It is not strange, then, that we should owe some knowledge of early
Anglo-Saxon custom to the Norman Conquest and the necessity after such
an event to collect in a more connected and intelligible form what had
formerly to some extent been matters of custom and tradition. And so it
may be that our next chance of learning more may be found in the study
of the documents and fragments belonging to the period of the Danish
invasion of England, and especially the moment of transition from the
English rule of Ethelred II. to the Danish rule of Cnut.
[Sidenote: Danes and English live under their own laws. Danish law
assumed to be well known.]
The founding of the Danish kingdom of Cnut was an epoch in English
history, and indeed in the history of Europe. It was followed _inter
alia_ by the legalisation in England of Scandinavian monetary reckoning
in marks and ores which had already for some time been in use side by
side with the English reckoning in scillings and pounds. And this was
typical of the general position of things. In full coincidence with
the working of tribal feeling in other countries, into the idea of
conquest the amalgamation of the two peoples into one did not enter.
Danes continued to live under their laws and the English under theirs,
as Franks and Gallo-Romans did under Frankish rule. Certain things were
enjoined upon both, but with a difference. It often happens that in
documents of this period the ‘law of the English’ is specially explained
while the Danish law is referred to as already known, thus revealing a
Danish point of view.
In the Laws of Ethelred II. (s. 37) it is enacted that if anyone should
be charged with plotting against the king, he must ‘clear himself with
the threefold ordeal by the law of the English, and by the law of
the Danes according as their law may be.’ And so in the Laws of Cnut
penalties are stated as so many scillings by English law and by Danish
law ‘as it formerly stood.’[215]
So that, from the Danish point of view, it was sometimes a matter of
inquiry and record what the English law had been, while knowledge of
Danish law was mostly taken for granted.
* * * * *
[Sidenote: London under Cnut a port of the ‘greater Scandinavia.’]
With regard to the coinage this was only partly the case. Not that
Anglo-Saxon reckoning in pounds and scillings was abolished or that
Danish currency was thenceforth the only one allowed. But, Cnut
having styled himself ‘King of all England and King of the Danes and
Norwegians,’ London had become in one sense a Scandinavian port.
The large sums paid to ‘the army’ by Ethelred for respite and peace had
flooded Scandinavia with English silver money of his coinage.
Public-domain text, read in full here on John Shaqi.
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