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
The Wessex wergeld of 6000 sceatts at 1:10 = 600 gold tremisses
” Mercian ” 4800 ” { at 1:10 = 480 ” ”
{ at 1:12 = 400 ” ”
” Kentish ” 4000 ” at 1:10 = 400 ” ”
And on the Continent we find the two wergelds:--
Frankish 200 solidi = 600 gold tremisses
The other 160 ” = 480 ” ”
Now, in the fairly contemporary laws of the Ripuarian Franks, and of the
Burgundians, the traditional values of animals we have found to be stated
as follows:--
Ox 2 solidi = 6 gold tremisses
Cow 1 solidus = 3 ” ”
And in the nearly contemporary Alamannic laws the traditional values
were:--
Best ox = 5 gold tremisses
Medium ox and sweetest cow = 4 ” ”
[Sidenote: The differences covered by ratio between gold and silver 1:10
and 1:12.]
Within the range of these variations in the ratio between gold and
silver, and in the local value of animals, there seems to be ample room
and reason for the variations in the money values of the wergelds.
(1) 100 oxen of 6 tremisses (_i.e._ 600 tremisses) equal the Frankish
wergeld of 200 gold solidi, and at 1:10 the Wessex wergeld of 6000
sceatts.
(2) A long hundred of 120 cows of 4 tremisses (_i.e._ 480 tremisses)
would equal the wergeld of 160 gold solidi, and at 1:10 the Mercian
wergeld of 4800 sceatts.
(3) 100 cows at 4 tremisses (_i.e._ 400 tremisses) make the Kentish
wergeld of (if we are right) 200 Kentish scillings of 2 tremisses, and
at 1:10, 4000 sceatts. If we change the ratio to 1:12, then a Kentish
wergeld of 100 cows of 4 tremisses would in silver equal the Mercian
wergeld of 4800 sceatts. In other words, the difference between the
Kentish and Mercian wergeld may be explained, either as one between 100
and 120 cows, or, the number of cows remaining at 100, between the ratios
of 1:10 and 1:12.
There is thus in these fairly contemporary values of Western Europe,
in the seventh century, or within the Merovingian period, so obviously
room for the variations in the wergelds that, whether as to origin the
differences may be of historical interest or not, at any rate for our
present purpose we are fairly warned by the general coincidence in the
wergelds not to make too much of the differences.
[Sidenote: Kentish freeman and the twelve-hyndeman = Continental
_freeman_.]
The Kentish laws, therefore, lead us with some confidence to recognise
the practical identity of the wergeld of the Kentish freeman with that,
not of the Wessex ceorl, but of the twelve-hyndeman.
Public-domain text, read in full here on John Shaqi.
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