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
The blood of a bishop or high prince or a scribe poured on the
ground, _si colirio indiguerit_,[86] the ‘sapientes’ judge that
he who sheds it shall be crucified or pay seven ancillæ.
Here, obviously, the VII. ancillæ are the price of the life of the
criminal--the seven cumhals of the coirp-dire. The canon adds the
following:--
Si in specie, tertiam partem de argento et comparem verticis
de auro latitudinem nec non et similem oculi de gemma pretiosa
magnitudine reddat.
If paid in specie, one third must be paid in silver, and of
gold of the size of the crown of the head, and also the like in
precious stone of the size of an eye.
These passages seem to have a curious correspondence with the following
passage in the Brehon Laws (sequel to the ‘Crith Grabhlach,’ iv. p.
363):--
As to the shedding of a bishop’s blood, if it reaches to the
ground as blood that requires a tent the guilty person is to be
hanged for it, or it is seven cumhals that are to be paid for his
sick maintenance and his eric.
If the wound be in his face, the breadth of his face of silver is
paid, and of the crown of his head of gold.
The canons go on to state that if the blood does not reach the ground
_nec colirio indigeat_ the hand of the striker is to be cut off, or the
half of VII. ancillæ paid, if the act is done with intention; if not, the
price of one ancilla is to be paid.
Another clause states that if a bishop be struck or violently handled,
without effusion of blood, half the price of VII. ancillæ is to be paid.
In all these cases the fines are reckoned in a unit of VII. ancillæ or
the half of it. The cutting off of the hand of the criminal is reckoned
as equal to half of VII. ancillæ. The VII. ancillæ is the recognised unit.
When, in other clauses, dealing with the case of the same things done
to a _priest_, a lesser punishment is decreed, still _the price of VII.
ancillæ_ is the price of the life of the criminal. If the blood of a
priest is shed and reaches the ground, _donec colorium subfert_, the hand
of the criminal is to be cut off, or half of VII. ancillæ to be paid, if
the act be intentional. If not intentional, the price of one ancilla is
enough.
In title IV., _Dejectione_, after a clause stating that he who ejects a
poor man kills him, and he who meets a person ready to perish and does
not succour him kills him, there follows this clause:--
Si quis jecerit episcopum et si mortuus fuerit, accipiatur ab eo
pretium sanguinis ejus L. ancillas reddit, id est VII. ancillas
uniuscujusque gradus vel l. annis peniteat et ex his accipiuntur
VII. ancille de jectione ejus.
If any one ejects a bishop and if he should be dead, let there
be received for him the price of his blood, let him render
fifty ancillæ, _i.e._ seven ancillæ for each grade of rank, or
do penance fifty years, and from these shall be received seven
ancillæ _de jectione ejus_.[87]
Public-domain text, read in full here on John Shaqi.
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