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
Whether he knew it or not, this amounted in value to 4000 sceatts (of
20 to the ounce), _i.e._ 800 Wessex and 1000 Mercian scillings. So
that in claiming for his priest a wergeld of 200 ounces of silver he
does not seem to have had in his mind either the Mercian or the Wessex
twelve-hyndeman’s wergeld, of 1200 scillings, of 5 or 4 sceatts, but,
possibly, as we shall see, a Kentish wergeld of 200 Kentish scillings of
20 sceatts.
[Sidenote: Priest’s wergeld to be 200 Roman ounces of silver.]
The Archbishop’s claim falling short of what was ultimately granted in
Northumbria is curious as showing that Northumbrian law, at this time,
before the inroads of the Norse invaders, was still unsettled, and
that the Archbishop may have been influenced by Kentish rather than by
West-Saxon or Mercian precedents. It was after another century, and after
the Norse invasion and conquest, that the wergelds of the mass-thane and
secular-thane in the ‘North People’s Law’ were stated to be alike at 2000
thrymsas, or 1200 Wessex shillings. How much earlier the equation was
made in Northumbria we know not.
The next clause to be noticed is that in reply to question viii., viz.
‘If any monks shall mix themselves up with sacrilege, should _you_ now
prosecute, if the avengement of the crime pertains to laymen who are
their relations?’
The reply is as follows:--
[Apostolus dicit,] omnes causas æcclesiæ debere apud sacerdotes
dijudicari. Si qui vero æcclesiastici crimen aliquod inter
laicos perpetraverint, homicidium, vel fornicationem, vel furtum
agentes, hos placuit a secularibus in quos peccaverunt omnimodo
occupari; nisi animo fuerit æcclesiæ pro talibus satisfacere.
Laici vero qui sacrilega se contagione miscuerint velatis, non
eodem modo quo lex publica fornicarios puniri percensuit, set
duplicato xxx siclorum pecunia, hoc est lx argenteos volumus dare
ecclesiæ adulterantes, quia graves causæ graviores et acriores
querunt curas.
The Apostle declares that all ecclesiastical causes should be
settled by priests. But if any ecclesiastics have perpetrated any
crime among laymen, homicide or fornication or theft, it has been
decreed that they be followed up in every case by laymen against
whom they have sinned, unless it be the intention of the Church
to make satisfaction for them. But laymen who shall have joined
in sacrilegious intercourse with nuns [shall be dealt with] not
in the same manner as the public law decrees fornicators to be
punished, but _double_--by the sum of xxx _sicli_--_i.e._ we wish
adulterers to give to the Church lx _argentei_, because severe
cases require severer and sharper cures.
This passage once again makes it clear that in this ecclesiastical
document of the Archbishop of York 30 sicli = 60 argentei or Roman
drachmæ.
[Sidenote: Ecclesiastical causes to be settled by priests.]
Public-domain text, read in full here on John Shaqi.
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