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
The measure for her milk is, three thumbs at the bottom, six in
the middle of the vessel, and nine at the top, and nine in its
height diagonally (_enyhyd en amrescoeu_), and the thumb whereby
the vessel is to be measured (in case of dispute) is the breadth
of the judge’s thumb.
In the Dimetian Code substantially the same rules are given, except that
the measure of the cow’s milking is smaller.
The measure of a vessel for a cow’s milk is nine thumbs at its
edge, and three at the bottom, and seven diagonally from the
off-side groove to the near-side edge in height.[55]
The only difference is between the seven and the nine thumbs of diagonal
measurement. Possibly there may be some error in the figures, and the
measure may have been the same in both Codes.
Returning to the galanas; although it was reckoned in the Codes in scores
of cows, a fixed equation had already been made between cows and silver.
[Sidenote: The cow reckoned as three ‘scores’ or ounces of silver.]
The normal cow was equated in the Codes with ‘three scores of silver.’
And in the Latin version of the Dimetian Code the ‘score of silver’ is
translated by ‘uncia argenti.’ The score of silver at the date of the
Code was therefore an ounce of silver. So that the reckoning is the
Frankish or Anglo-Saxon one of twenty pence to the ounce.
The score of pence of 32 wheat-grains would make the ounce of 640
wheat-grains: that is, the ounce of the pound of 240_d._, or 7680
wheat-grains--the pound in use in England after the time of Kings Offa
and Alfred, and at the date of the Codes.
[Sidenote: The galanas of the ‘uchelwr’ 30 lbs. of silver. At a ratio of
1:12 equal to the gold mina of 200 solidi.]
The galanas of the uchelwr or breyr being 120 cows, and the cow being
reckoned at three scores or ounces of silver, the galanas would equal 360
scores or ounces, or thirty pounds of silver.
The ratio of gold to silver after the temporary disturbance under
Charlemagne had, as we have seen, settled down again to the Imperial
ratio of 1:12.
Now thirty pounds of 7680 wheat-grains equal 230,400 wheat-grains, and
this number of silver wheat-grains divided by twelve equalled exactly
19,200 wheat-grains of gold. So that this Celtic galanas of the Cymric
uchelwr or breyr of 120 cows, like so many Continental wergelds, was
apparently exactly equal to 200 _gold solidi_ of ninety-six wheat-grains,
_i.e._ the heavy gold mina of Imperial standard.
VII. THE METHODS OF TREATMENT OF STRANGERS OR NON-TRIBESMEN.
[Sidenote: Strangers in blood how treated.]
Another point upon which special inquiry is made in this volume regards
tribal methods of treating strangers in blood and slaves.
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