The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 2 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
“But if any of my reeves will not do this, and care less about it than
we have decreed, then let him pay my _oferhyrnes_ [that is the fine
for _disobedience_], and I will find another, who will. And let the
bishop exact the _oferhyrnes_ of the reeve in whose district it may
be.” Leg. Æðelst. i. § 26. Thorpe, i. 212. Again: “And let the judge
that giveth wrong judgment to another, pay to the king a _bót_ of one
hundred and twenty shillings; unless he will venture to prove on oath
that he knew no better. And let him forfeit his thaneship for ever,
unless he can redeem it from the king, as he may be willing to permit.
And let the bishop of the shire exact the _bót_ into the king’s hand.”
Leg. Eádg. ii. § 3. Thorpe, i. 266.
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The high station occupied by the bishop in the social hierarchy is
proved by the amount of his wergyld and of the fines assigned to
offences against his honour, his person, and his property. Although the
bishop and the presbyter are in fact but of one order in the church, yet
the state found it convenient to place the former on much the higher
scale. In the “North-people’s law” an archbishop is reckoned upon the
same footing as an æðeling or prince of the blood, at fifteen thousand
thrymsas, and a bishop upon the same footing as an ealdorman at eight
thousand. The breach of a bishop’s surety or protection, like the
ealdorman’s, rendered the offender liable to a fine of two pounds, which
in the case of an archbishop rose to three[892]. He that drew weapon
before a bishop or ealdorman was to be mulcted in one hundred shillings,
before an archbishop, in one hundred and fifty[893]. Under Ini the
violence done to a bishop’s dwelling, and the seat of his jurisdiction,
was to be compensated with one hundred and twenty shillings, while the
ealdorman’s was protected by a fine of only eighty: in this the
episcopal dignity was placed upon a level with that of the king
himself[894]. Similarly Wihtrǽd had declared his mere word, without an
oath, to be like the king’s, incontrovertible.
-----
Footnote 892:
Leg. Ælfr. § 3. Cnut, ii. § 59. Thorpe, i. 62, 408. In this last
passage, as in the North-people’s law of wergyld, the archbishop’s and
æðeling’s borh and mundbryce are reckoned alike at three pounds. So
also Ll. Æðelr. vii. § 11. Thorpe, i. 330.
Footnote 893:
Leg. Ælf. § 15. Æðelr. vii. § 12. Thorpe i. 70, 332.
Footnote 894:
Leg. Ini, § 45. Thorpe, i. 130. This overrated estimate is corrected
by Ælfred, who settles the sums thus: king, one hundred and twenty
scill.; archbishop, ninety scill.; bishop and ealdorman, sixty scill.
Leg. Ælf. § 40. Thorpe, i. 88.
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