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 the whole, therefore, these considerations seem to strengthen the
supposition that the Kentish freeman’s wergeld was 200 Kentish scillings.
That the Kentish wergeld should differ from that of Mercia and Wessex
need not surprise us, seeing that we started with the warning that we
should find it so as regards both the _barones_ and _villani_. To the
writer of the so-called Laws of Henry I. the eorl was no doubt the _baro_
and the freeman or ceorl the _villanus_ of Norman phraseology. And we
need not wonder at his confusion if he had nothing but the laws to guide
him. It is necessary, however, to look at the question of the wergelds
from a broader point of view than his could be.
It must not be forgotten that the Continental wergelds of the Merovingian
period were all stated in gold solidi. The first emigrants into Britain
must have known this perfectly well. Kentish moneyers coined gold
tremisses, and when they afterwards coined silver it was in silver
tremisses of the same weight, which earned the name in England of
‘sceatts.’
Any exact comparison of English and Continental wergelds must obviously
be dependent upon the ratio between gold and silver.
[Sidenote: Archbishop Egbert’s priest’s wergeld also 4000 sceatts--_i.e._
200 ounces of silver or _Mina Italica_ of gold.]
The Kentish scilling of two gold tremisses at 1:10 was reckoned in the
Laws of Ethelbert as equal to 20 sceatts--_i.e._ to the Roman ounce--and
the wergeld, if of 200 scillings, was thus, as we have seen, a wergeld in
silver of 200 ounces or 4000 sceatts. We have seen also that Archbishop
Egbert claimed for his priests a wergeld of 200 ounces of silver, which
thus would accord exactly with the Kentish wergeld of 200 scillings. It
might almost seem that he may have consulted his colleague the Archbishop
of Canterbury and fixed his clerical demand in accordance with the
Kentish wergeld rather than with that of Wessex or Mercia.
Nor was there anything unnatural or abnormal in the Kentish wergeld of
200 ounces of silver, inasmuch as 200 Roman ounces of silver at a ratio
of 1:10 would equal the _Mina Italica_ of twenty Roman ounces or of two
ancient Roman pounds of gold.
We may therefore with confidence, but without claiming certainty, fairly
state the Kentish wergelds in Kentish scillings and sceatts, thus:--
[Sidenote: Kentish wergelds.]
Kentish
scillings Sceatts
Eorl 600 (possibly 300?) = 12,000
Freeman 200 (possibly 100?) = 4,000
Læt (1) 80 = 1,600
” (2) 60 = 1,200
” (3) 40 = 800
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