Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
Among the Welsh the provisions for levying and distributing the fines
were almost as complex as those of the early Icelandic law, one
body of jurisprudence extending the liability even as far as sixth
cousins;[20] and perhaps the quaintest expression of the responsibility
of the kindred is to be found in the regulation that if any one
should draw blood from the abbot of either of the seven great houses
of Dyved, the offender should forfeit seven pounds, while a female
of his kindred should become a washerwoman in token of disgrace.[21]
The firm hold which this practical solidarity of the family had upon
the jurisprudence of the European races is shown by a clause in the
statutes of the city of Lille, as late as the fourteenth century, where
the malefactor had the right to collect from his relatives a portion
of the _wer-gild_ which he had incurred; and elaborate tables were
drawn up, showing the amount payable by each relative in proportion
to his degree of kinship, the liability extending as far as to third
cousins.[22] A still more pregnant example of the responsibility
of kindred is found in the customs of Aspres, in 1184, where the
kindred of a homicide, if they would abjure him by oath on relics,
were entitled to the public peace; but, if they refused to do so, it
became the duty of the Count of Hainault, the Abbot of St. Vaast, and
the relatives of the slain, to hunt them down, and seize all their
property.[23]
The introduction of Christianity, with the all-pervading sacerdotalism
of the church, rendered necessary an innovation on the primeval form
of social organization, for ecclesiastical ties dissolved those of the
family. By the Carlovingian legislation, when a priest was slain his
_wer-gild_ was paid to the church, which was held to be nearer to him
than any relative,[24] though this regulation subsequently was modified
so as to divide the composition into three parts, of which one was paid
to the church of the deceased, one to his bishop, and the third to his
kindred.[25] As a general rule, therefore, the clerk could claim no
share of the blood-money collected for the murder of his kinsmen; nor
be called upon to contribute to that incurred by his family;[26] though
it is true that, by the Welsh laws of Hoel the Good, compiled in the
tenth century, children, even prospective, were a link through which
the liability might be again incurred. “Neither clerks nor women are to
have a share of the _galanas_, since they are not avengers; however,
they are to pay for their children or to make oath that they shall
never have any.”[27]
Public-domain text, read in full here on John Shaqi.
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