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
On lifiendes Godes naman. ne ðearf ic N. sceatt ne scylling. ne
pænig ne pæniges weorð.
(s. 11) In the name of the living God I owe not to N. _sceatt nor
scilling_, not penny nor penny’s worth.
Surely in both cases the phrase ‘sceatt ne scilling’ refers to coins or
units of account of two denominations in current use, as in the Kentish
laws.
It is even possible perhaps to find an illustration of the reckoning in
sceatts and scillings in the well-known passage in the ‘Scald’s Tale’
already quoted.
se me beag forgeaf
on tham siex hund wæs
smætes goldes
gescyred sceatta
scilling-rime.
He me a bracelet gave
on which six hundred was
of beaten gold
scored of sceatts
in scillings reckoned.
If these words may be properly translated literally ‘Of sceatts in
scillings reckoned’[288] and are taken to mean ‘600 sceatts in scillings
reckoned,’ the phrase accords very closely with the method of reckoning
in the Salic laws--‘so many hundred denarii, _i.e._ so many solidi.’
Returning to the sceatts and scillings of the Laws of Ethelbert, the most
obvious suggestion would be that the currency in Kent was similar to that
on the other side of the Channel under the Merovingian princes. The two
courts were so closely connected by Ethelbert’s marriage, and probably by
trade intercourse, that the most likely guess, at first sight, would be
that the Kentish scætts were silver tremisses and the Kentish scillings
gold solidi like those of the Lex Salica.
We have seen that the Merovingian currency was mainly in _gold
tremisses_, and as many of the 100 gold tremisses contained in the
celebrated ‘Crondale find’ are believed by numismatists to have been
coined in Kent, by English moneyers, the currency of gold tremisses in
England is directly confirmed, though the silver currency seems very soon
to have superseded it.[289]
[Sidenote: The scilling of 20 scætts = one ounce of silver.]
At the date of Ethelbert’s Laws (A.D. 596) the Merovingian currency
was still mainly gold--_i.e._ gold tremisses, three of which went to the
gold solidus of the Salic Laws. And if the scilling of Ethelbert, like
the solidus of the Franks, had been a solidus of forty denarii we might
have concluded at once that Ethelbert’s scilling, like the Merovingian
solidus, was a solidus of three gold tremisses, or forty silver sceatts.
But the facts apparently will not allow us to come to this conclusion.
Schmid has shown--I think, conclusively--by inference from certain
passages in Ethelbert’s Laws, that the Kentish scilling was of _twenty_
scætts instead of forty.[290] We therefore must deal with the Kentish
scilling on its own evidence.
Public-domain text, read in full here on John Shaqi.
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