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
And when put together in this way the proportion between the wergeld of
the freeman and that of the læts becomes important. In the Norse laws
the leysing’s wergeld was one sixth that of the hauld or odalman. In the
Bavarian and Saxon laws the wergeld of the _litus_ was one fourth that of
the freeman. Anything like these proportions in Kent would make a wergeld
as low as 100 scillings for the freeman very improbable.
[Sidenote: The sceatts could not have been farthings.]
Lastly, perhaps it may be fair to the reader to recur once more to the
question of the Kentish scilling. If any doubt should remain as to
whether we are right in regarding the sceatt as the silver coin of that
name, twenty of which went to the Roman ounce until it was superseded by
the penny of Offa and Alfred, surely that doubt must now be dispelled.
For if, according to the view of Schmid and others, the sceatt were to
be taken as a farthing or _quarter_ of a sceatt, the correspondence of
Kentish with Continental wergelds and payments _pro fredo_ would be
altogether destroyed. The eorl’s triple wergeld at a ratio of 1:10 would
be only one sixth (and if 300 scillings only one twelfth) of that of the
Frankish noble or official, while the Kentish freeman’s wergeld would be
reduced to one sixth (or if 100 scillings to only one twelfth) of that of
the Continental _liber_ or _ingenuus_.
One perhaps must not say that such a result would be impossible. But
would it be a likely one? We should have to suppose that the Jutish
chieftain, perfectly familiar with the Continental wergeld of the
freeman as 200 or 160 gold solidi, equated by long tradition with the
round number of 100 head of cattle, upon settlement in Kent reduced the
wergeld of the freeman to one sixth or one twelfth of what it was in the
country he came from. From what we know of the tenacity of tribal custom
everywhere, especially as regards the amount of the wergelds, it is
difficult to conceive of his doing so.
VIII. RESULT OF THE KENTISH EVIDENCE.
We are now in a position to take a broader view of the wergelds,
Continental, Kentish, Wessex, and Mercian.
[Sidenote: The Kentish, Wessex, and Mercian wergelds thus brought into
line with the normal Continental wergeld of 200 and 160 gold solidi or
100 head of cattle.]
To the incidental mention of the fact that the Kentish freeman’s wergeld,
if 200 Kentish scillings, equalled the gold _Mina Italica_ may be added
the further incident that it was equal to 100 ‘sweetest cows’ of the
Alamannic laws. Whether accidental coincidences or not, these facts bring
us back to the point with which this inquiry started, viz. the widespread
normal wergeld of 100 head of cattle and its very general traditional
equation with a gold mina.
The main facts elicited as to the amount of the wergelds in the course of
this inquiry are these.
At the date of the Kentish Laws and generally during the seventh century
we find three wergelds in use in England for the freeman:--
Public-domain text, read in full here on John Shaqi.
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