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
We have no distinct mention of a Jutish solidus, but as the Jutes
probably came from a district not far from that of the North Frisians and
Saxons there would be nothing abnormal or surprising in their reckoning
in the same solidus as their neighbours, viz. in the gold solidus of two
tremisses, and in the Kentish immigrants continuing the same practice.
But this as yet is only conjecture.
So far, then, as the facts of the prevalent coinage and currency are
concerned, all that can be said is that the hypothesis that the Kentish
scilling was that of two gold tremisses has a good deal of probability in
its favour. But there is other and more direct evidence of the truth of
the hypothesis.
In the first place, as already stated, in the preface to King Alfred’s
Laws he expressly mentions his knowledge of the laws, not only of Ine and
of Offa, but also of Ethelbert, the inference being that in his own laws
he retained, _inter alia_, some of the enactments of Ethelbert which were
in his own view worth retaining.[292]
[Sidenote: Confirmation by other evidence. The King’s mund-byrd of five
pounds common to Wessex and Kent.]
Now, King Alfred _fixed the king’s mund-byrd at five pounds_ of silver,
_i.e._ 240 Wessex scillings, while he must have known that in the Kentish
law the king’s mund-byrd was fifty Kentish scillings. The difference in
scillings must have struck him, but he probably knew perfectly well what
the Kentish scillings were. For when we compare these two mund-byrds we
find that at a ratio between gold and silver of 1:12 (which, as we have
seen, was the Frankish ratio of Charlemagne’s successors) fifty Kentish
scillings of two gold tremisses did equal exactly five pounds. Fifty
Kentish scillings or 100 Merovingian gold tremisses, at 1:12 were equal
to 1200 silver tremisses or sceatts of the same weight, _i.e._ five
pounds of 240 sceatts; or, in other words, 100 gold tremisses (_nova
moneta_) were equal at the same ratio to five pounds of 240 of King
Alfred’s pence of 32 wheat-grains. The equation was exact.
And further, we have seen that in the time of Cnut the Kentish king’s
mund-byrd was well known and declared to be five pounds according to
Kentish law, although in that law it was stated to be 50 scillings.
The passage has already been quoted from the MS. G of Cnut’s Church law,
s. 3, in which, after stating that ‘the grith-bryce of the chief minster
in cases entitled to “bot” is according to the king’s mund, that is five
pounds by English law,’ the additional information is inserted,[293]
On cent lande æt þam mund bryce v pund þam cingce.
In Kent land for the mund-bryce v pounds to the King.
Further in the same MS. G of Cnut’s secular law, s. 63, is the
following:[294]--
Gif hwa ham socne ge wyrce ge bete ꝥ mid .v. pundan. þam cingce
on engla lage ⁊ on cent æt ham socne v. þam cingce ⁊ þreo þam
arce bisceope ⁊ dena lage swa hit ærsteod ⁊ gif hine mon þær
afylle licge ægilde.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account