Legal Definitions - scalam

Scalam is a historical legal term referring to a "scale" or standard, particularly in the context of financial or commodity transactions.

More specifically, it describes a historical practice where a fixed adjustment or surcharge was applied to a payment or quantity to compensate for an anticipated deficiency or variation from a standard, even if no physical weighing or precise measurement occurred for that specific transaction. This adjustment was a pre-determined mechanism to ensure the recipient received the expected full value or quantity, accounting for common issues like wear, loss, or slight inaccuracies in standard measures.

• Example 1: Historical Grain Trade

  Imagine a medieval market where grain was traded. A buyer agrees to purchase 100 sacks of wheat. It was a common understanding that grain, due to drying during transport or minor spillage, would typically lose about 3% of its weight by the time it reached the buyer. Instead of weighing every sack individually upon delivery, a scalam adjustment might be applied. This could mean the buyer would pay for 103 sacks to ensure they received the equivalent of 100 full-weight sacks, or the seller would be required to deliver 103 sacks to account for the expected loss. The extra quantity served as a fixed compensation for the anticipated shortfall.

  This illustrates scalam as a pre-calculated addition to a standard quantity, designed to offset a known, systemic deficiency without requiring precise, individual measurement at the point of transaction.

• Example 2: Medieval Coinage and Debt Repayment

  Consider a historical scenario where a borrower needed to repay a debt of 50 silver coins. Over time, coins in circulation would often become worn, clipped, or slightly debased, meaning their actual metallic value was marginally less than their face value. To protect creditors from this common issue, a scalam adjustment might be mandated. For instance, the borrower might be required to pay 50 coins plus an additional small fraction of a coin (e.g., an extra penny for every 20 shillings, as in historical English practice) to compensate for the expected slight deficiency in the actual silver content of the circulating currency. This adjustment was applied uniformly, rather than weighing each coin individually.

  Here, scalam demonstrates a fixed compensatory measure applied to a monetary payment to account for a general, expected reduction in the intrinsic value of the currency, ensuring the creditor received the full intended economic worth.