Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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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
All that one can say is that the Archbishop in claiming that the
Northumbrian priest’s oath should be regarded as one of ‘120 tributarii’
seems to have had in his mind what was afterwards generally conceded,
_i.e._ that the priest should be put, in social position, on a par with
the thane or twelve-hynde man. Moreover, the Archbishop’s use in this
connection of the phrase ‘so many _tributarii_’ or ‘_manentes_,’ instead
of so many ‘hides,’ is interesting. It helps us to understand that the
hide as used in the Laws of Ine was probably the same fiscal or gafol
paying unit as the _familia_ of Bede.
Another clause in this interesting document bears more directly upon the
question of homicide, and it is valuable as giving information quite
independent of the Laws.
It is the answer of the Archbishop to the question, ‘What if a layman
shall kill a cleric or a monk, whether the _precium sanguinis_ according
to the law _natalium parentum_ shall be paid to his near relations or
whether his _seniores_ are to be satisfied by a larger amount--which does
your Unanimity sanction?’
The reply is as follows:--
[Sidenote: The wergelds of the clergy to be paid to the church.]
Quicunque vero ex laicis occiderit episcopum, presbiterum,
vel diaconum, aut monachum, agat pœnitentiam secundum gradus
pœnitentiæ constitutos, et reddat precium æcclesiæ suæ; pro
episcopo secundum [placitum] universalis consilii, pro presbitero
octingentos siclos, pro diacono sexingentos, pro monacho vero
quadringentos argenteos; nisi aut dignitas natalium vel nobilitas
generis majus reposcat precium. Non enim justum est, ut servitium
sanctæ professionis in meliori gradu perdat quod exterior vita
sub laico habitu habuisse jure parentum dinoscitur.
Whoever indeed of laymen shall have killed a bishop, priest, or
deacon or monk shall do penance according to the constituted
scale of penitentials, and let him pay the price to his
church--for a bishop according to [the decision] of a general
Council:
For a priest 800 sicli
For a deacon 600 sicli
But for a monk 400 argentei[247]
unless dignity of birth or nobility of kindred demand a greater
_precium_. For it is not just that service in a holy profession
in a higher grade should lose what secular life in lay dress may
be recognised to have by right of parentage.
The wergelds here stated for the clergy are stated in _sicli_ and
_argentei_. The Roman argenteus, as we have seen (after Nero’s time), was
the drachma of silver, and the siclus was a didrachma or quarter of an
ounce. The Archbishop, therefore, was claiming 200 ounces of silver as
the wergeld of his Northumbrian priest.
[Sidenote: Stated in Roman silver currency.]
Public-domain text, read in full here on John Shaqi.
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