Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales' — John Shaqi
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
Now if the gold stater of 192 wheat-grains is to be recognised as the
ox-unit in traditional equations between cattle and gold, another very
important recognition suggests itself.
[Sidenote: Normal wergelds of 100 head of cattle]
Wergelds being first paid in cattle, it was natural that a round number
of cattle should be chosen, and instances are not wanting in the Eastern
world suggesting that ‘a hundred head of cattle’ was a customary normal
wergeld of wide prevalence.
Among the Arabs to this day Professor Robertson Smith states[4] that the
camel is the unit of payment, and that, in a feud between two Meccan
tribes, the manslayer has the alternative of paying 100 camels or
bringing 50 of his kin to take oath of purgation, or lastly of abiding
the blood-feud.
According to the laws of Manu, if one of the highest of the twice-born
Brahman class slew one of the Warrior class involuntarily, he might
cleanse himself by paying to the Brahmans or priests 1000 cows and a
bull. If he slew one of the agricultural or trading class, the payment
was 100 cows and a bull. If he slew one of the servile class, the payment
was 10 cows and a bull.[5]
In this case 100 cows seem to have been the normal wergeld, and the
wergelds of those of higher or lower caste or rank seem to have been
multiples or fractions of it.
In Homer there are indications of the same thing. Lycaon was sold as
a captive for 100 oxen and redeemed as a chieftain’s son for 300
oxen--being apparently valued at a threefold wergeld on account of his
recognised princely rank.
Iliad, XXI. 39. ‘And at that time he sold him into well-peopled
Lemnos, sending him on shipboard, and the son of Jason gave a
price for him and thence a guest-friend freed him with a great
ransom, Eetion of Imbros, and sent him to goodly Arisbe; whence
flying secretly he came to his father’s house (at Troy). Eleven
days he rejoiced among his friends after he was come from Lemnos,
but on the twelfth once more God brought him into the hands of
Achilles again.’
71. ‘Then Lykaon besought him.… At thy table first I tasted
meal of Demeter on the day when thou didst take me captive in
the well-ordered orchard, and didst sell me away from my father
(Priam) and my friends unto goodly Lemnos, and _I fetched thee
the price of an hundred oxen_. And now I have been ransomed _for
thrice that_, and this is my twelfth morn since I came to Ilios
after much pain.’
[Sidenote: The normal wergeld equated with the gold mina of 100 staters.]
Now if a herd of 100 head of cattle had come to be a common normal
wergeld in the Eastern world, and if the gold stater had come to be
regarded as the ox-unit, it follows that the heavy gold mina of 100
staters would easily come to be adopted as a common equivalent for the
wergeld of 100 head of cattle.
Public-domain text, read in full here on John Shaqi.
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