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
The position of the Dooms of Ine as they have come down to us annexed to
the Laws of King Alfred might possibly have raised a doubt as to whether
the incidental mention of the wergelds might not have been inserted in
the text by the scribes of King Alfred. But if the Mercian wergelds were
of ancient tradition, independently of the Wessex evidence, the statement
of the Wessex wergelds in the Dooms of Ine need not be doubted. At the
same time, the amount of the Wessex wergeld is confirmed by the wergeld
of the secular thane in the Northumbrian statement, for 2000 thrymsas are
equal to 6000 pence, and thus the wergeld of the thane accords with the
Wessex twelve-hyndeman’s wergeld. And as this statement seems to have
been rescued from times anterior to the Northmen’s invasion, it is so far
independent evidence. In the same document the ceorl’s wergeld of 200
Mercian scillings is also mentioned.
The concurrence of independent traditions thus seems to trace back
the difference between the Wessex and Mercian wergelds as well as the
difference between the twelve-hynde and twy-hynde classes in both cases
into the early Anglo-Saxon period. And if we may date them back to the
time of King Ine--two centuries before the invasion of the Northmen--they
may well go back earlier still. For wergelds which have already become
traditional in the seventh century may not improbably have been brought
by the invading tribes with them into Britain in the fifth and sixth
centuries. The fact that the Mercian and Wessex wergelds differed makes
it unlikely that the traditional wergelds were first adopted in Britain
or acquired from the Romano-British population. That they differed
exactly in the same ratio as the two classes of Continental wergelds
differed is a fact which points still more strongly to a Continental
origin.
[Sidenote: At 1:10 Wessex wergeld of 6000 pence = 200 gold solidi, and
the Mercian of 4800 pence = 160 gold solidi.]
Moreover, the Wessex and Northumbrian wergeld of 1200 scillings of five
pence--_i.e._ 6000 pence or sceatts at a ratio of 1:10--was equal to 600
tremisses or 200 gold solidi.
The Mercian wergeld of 1200 scillings of four pence--_i.e._ 4800 pence or
sceatts--at the same ratio was equal to 480 tremisses or 160 gold solidi.
That the ratio of 1:10 was not an unlikely one is shown by its being the
ratio under the Lex Salica between the forty scripula of silver and the
gold solidus before the Merovingian reduction of the standard weight of
the latter and the issue of silver tremisses.[277] It was also the ratio
at which twelve Roman argentei or drachmæ of silver were apparently
reckoned as equal to the Merovingian gold solidus.
Public-domain text, read in full here on John Shaqi.
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