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
Now, twenty sceatts of 28·8 wheat-grains, as we have seen, made the
Roman ounce of 576 wheat-grains. The Kentish scilling was therefore the
equivalent of an ounce of silver. And so in the Kentish laws, so far as
reckoning in silver was concerned, the same method was adopted as that of
the Welsh, who reckoned in _scores_ or _unciæ_ of silver, and that which
became the common Frankish and Norman reckoning of twenty pence to the
ounce and twelve ounces to the pound.
Indeed, when we consider that under common Scandinavian custom gold and
silver were weighed and reckoned in marks, _ores_, and ortugs, it would
seem natural that the Kentish immigrants from the North should have been
already familiar with a reckoning in _ores_ or ounces of silver.
But why did they call the ounce of silver a scilling? We might as well
perhaps ask why the Wessex scilling was five pence and the Mercian
scilling four pence. But the word _scilling_ had, as we have seen, been
used by the Goths in Italy for the gold solidus. And on the Continent
the gold solidus in the sixth and seventh centuries, and indeed till
the time of Charlemagne, was so far the recognised symbol of value that
the wergelds of the Northern tribes, whether they remained in the north
or emigrated southwards, were invariably stated in their laws in gold
solidi. The most natural inference would therefore seem to be that the
Kentish scilling, like that of the Salic law, must have been a gold
solidus equated, however, in account with twenty silver pence or scætts.
[Sidenote: The Kentish scilling probably a solidus of two gold tremisses
like the Saxon solidus.]
Now, at the ratio of 1:10 the ore or ounce of twenty silver scætts would
equal a gold solidus of two gold tremisses instead of three.[291] And
when it is considered that the main Merovingian currency on the other
side of the Channel was of gold tremisses it seems natural that the ounce
of silver should be equated with an even number of gold tremisses.
Nor would there be anything unprecedented or unusual in a gold solidus of
two tremisses instead of three. For we have seen that when Charlemagne
conquered the Frisians and the Saxons, he found that the solidi in
which they had traditionally paid their wergelds were not always,
like the Imperial and the Salic solidi, of three gold tremisses, but
that each district had its own peculiar solidus. The solidus of the
southern division of Frisia was of two and a half gold tremisses. The
solidus of the middle district was the ordinary gold solidus of three
tremisses. The traditional solidus of the district presumably nearest to
the Jutes, _i.e._ on both the Frisian and the Saxon side of the Weser,
was the solidus of two tremisses. The Saxon solidus of two tremisses,
representing the one-year-old bullock, was that in which according to the
Lex Saxonum the Saxon wergelds had been traditionally paid.
Public-domain text, read in full here on John Shaqi.
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