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
That the sceatts of this fragment of Mercian law were the same silver
coins as the scætts of the Kentish laws is further confirmed by
numismatic evidence. The evidence of the coins themselves and of the
names of the moneyers impressed on them seems to make it probable
that to a large extent till the time of Egbert, who was intimate with
Charlemagne, and perhaps even till the time of his grandson Ethelbald,
in the words of Mr. Keary, ‘Kent still provided all the currency of
the South.’[281] It would seem, therefore, that practically during the
whole period of the issue of the silver pence of the Sceatt series the
greater part of them were minted by Kentish moneyers. And thus numismatic
evidence applies not only to the coinage of Wessex but also to that of
Mercia.[282]
We can hardly be wrong, then, in thinking that this valuable fragment
of Mercian law in using the word sceatt referred back to ancient custom
before the sceatt had been superseded by the penny, and therefore must be
good evidence that the silver coins called sceatts in Mercia were similar
to those called scætts in Kent. In other words the Kentish _scætt_,
notwithstanding the slight difference in spelling, was almost certainly
the silver _sceatt_ of 28·8 wheat-grains, _i.e._ twenty to the Roman
ounce.
It is quite true that the word _sceatt_ was used in the laws in two
senses, sometimes for ‘money’ or ‘property,’ and sometimes for the
coin.[283] But so also was the _scætt_ of the Kentish laws.[284] And it
may not always be easy to ascertain with certainty which meaning is the
right one.
But the Kentish and Mercian laws were not alone in using the word for the
silver coin. The phrase ‘sceatts and scillings’ was elsewhere used to
denote the typical smaller and larger monetary unit, or perhaps we ought
to say the silver and the gold unit.
In the tenth-century translation of the New Testament the word _denarius_
is translated by ‘pæning;’ for long before this the penny of 32
wheat-grains had superseded the old coinage of the ‘Sceatt series.’ But
in the translation of Ulphilas the word ‘_skatt_’ is used for the silver
_denarius_.[285]
At the same time it is important to observe that the word _scilling_ was
the Gothic word applied to the _gold solidus_ in legal documents of the
sixth century during Gothic rule in Italy.
According to the bilingual records in the archives of the Gothic
church of St. Anastasia at Ravenna payments were made in so many
‘skilligans.’[286] So that probably silver skatts and certainly gold
scillings were familiar to the Goths of Italy.
[Sidenote: Sceatts and scillings.]
Again, sceatts and scillings were evidently the two monetary units
familiar to the mind of Cædmon or whoever was the author of the metrical
translation of Genesis. In c. xiv. 23 Abraham is made to swear that he
would take neither ‘sceat ne scilling’ from the King of Sodom.
Moreover, in the fragment on Oaths[287] in the Anglo-Saxon Laws (Thorpe,
p. 76) the same phrase is used:
Public-domain text, read in full here on John Shaqi.
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