Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
[Sidenote: ‘Pretium sanguinis’ seven ancillæ.]
Here the ordinary ‘_pretium sanguinis_’ or _coirp-dire_ is again clearly
reckoned at VII. ancillæ, and the bishop, being of the seventh grade of
rank in the ecclesiastical hierarchy, is to be paid for sevenfold.
It is also worth notice that in these clauses the cutting off of a hand
is reckoned as _half_ of the ‘_pretium sanguinis_.’ This is in full
accordance with the Brehon rule laid down in the ‘Book of Aicill’ (iii.
p. 349).
Half the eric-fine of every person is to be paid for a foot, a
hand, an eye, a tongue.
But inasmuch as the ‘eric-fine’ in this case might be taken by mistake to
include the honour-price as well as the coirp-dire, the commentary adds:--
He is entitled to half ‘coirp-dire’ and half compensation
(aithgin) and full honour-price.
The loss of the hand was reckoned at half the coirp-dire. The full
honour-price was due for the insult or assault.
Yet another clause in these canons seems to show that not only the
coirp-dire of seven cumhals was familiar to the makers of the canons,
but also the honour-price.
In the Brehon Laws the honour-price was payable for breach of a
chieftain’s protection, and in the case of the Ri-tuaith or kingly
chieftain of a Tuath the honour-price was, as we have seen, seven
cumhals. And so also was that of the bishop of the church in his
territory.[88]
[Sidenote: ‘Honour-price’ of a bishop or king seven ancillæ.]
Accordingly, in the following clause in the canons the bishop is put in
the same position as a king, with what was practically an honour-price of
seven ancillæ:--
_Patricius dicit_: Omnis qui ausus fuerit ea quæ sunt regis
vel episcopi aut scribæ furari aut rapere aut aliquod in eos
committere, parvipendens dispicere, VII. ancillarum pretium
reddat aut VII. annis peniteat cum episcopo vel scriba.
_Patricius dicit_: Every one who shall dare to steal anything
belonging to a king or bishop or scribe, or to take away from
or commit anything against them heedlessly, shall pay the price
of seven ancillæ or do penance for seven years with a bishop or
scribe.[89]
So that, though it is not very easy to put an exact date upon these
canons, they seem clearly to adopt and confirm for ecclesiastical persons
the Irish coirp-dire of seven ancillæ, and the highest honour-price also
of seven ancillæ. And further the _ancilla_ of these canons was, it
appears, of the same silver value as the _cumhal_ of the Brehon Laws.
VI. THE BRETON OR GALLIC WERGELD OF THE SO-CALLED ‘CANONES WALLICI.’
It is perhaps possible with help from another set of canons to obtain
further evidence of Celtic usage as to the fine for homicide, and what
is still more to the point, to trace it back to the Continental side of
the Channel.
[Sidenote: The so-called ‘Canones Wallici’ of perhaps the Breton Church.]
Public-domain text, read in full here on John Shaqi.
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