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
So that, in wheat-grains, the very prevalent statement of the wergeld
of the full freeman in the laws of various tribes as 200 gold solidi
was in fact the same thing as a statement that the wergeld was a _heavy
gold mina_, for 200 solidi of 96 wheat-grains contained exactly the
same number of wheat-grains as did the heavy mina of ancient Eastern
usage--viz. 19,200. In other words, so persistent seems to have been the
traditional connection of the wergeld with the gold _mina_ that Roman
monetary usage was overruled, and instead of reckoning in Roman drachmas,
ounces, and pounds, the wergelds were reckoned once more, or perhaps we
should say continued to be reckoned, in what was really the heavy gold
_mina_ of 200 solidi.
[Sidenote: And was often the equivalent of 100 oxen.]
Further than this, in the laws of some of the tribes, as we shall find,
the double solidus or stater still retained its position as the gold
equivalent of the ox, so that the typical wergeld of 200 gold solidi in
these cases was actually, like the _mina_, the gold equivalent of 100
oxen.
Even where variations are found from this prevalent equation we shall
still sometimes find the principle preserved, some other animal being
substituted for the ox, and sometimes the long hundred of 120 being
substituted for the decimal hundred.
[Sidenote: The standard weight of the wheat-grain varied.]
If this had been the whole truth the matter would be simple. But the
fact is that, although the wergeld of 200 solidi of Constantine was the
exact equivalent of the heavy gold mina reckoned in _wheat-grains_, there
were differences in the standard weight of the wheat-grain. As already
mentioned, the actual weights of Eastern and Greek staters were not
exactly alike, and the Roman standard, in actual weight, was higher than
the Eastern and Greek standards.
The latest authorities, Hultsch and Lehmann,[8] on the evidence of
inscribed weights, describe what may for convenience be called the
Eastern gold mina--_i.e._ the _heavy_ gold mina of Assyrian and
Babylonian metrology--as weighing 818 grammes, or 100 staters of 8·18
grammes. They tell us also that there was a _commercial_ mina of 120 of
the same staters. This commercial mina therefore weighed 982 grammes,
and metrologists have inferred that the Roman pound was derived from
this commercial mina being in fact exactly one third of its weight, or
327 grammes.
Now, as the commercial mina contained 120 staters of 8·18 grammes, it is
obvious that the Roman pound, being one third of it, ought to have been
divided, had Eastern reckoning been followed, not, as Constantine divided
it, into 36 staters of 9·08 grammes, but rather into 40 staters of 8·18
grammes.
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