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
Those criminals who claimed protection at the altar were, under Gallic
ecclesiastical usage, as we shall see, saved from death, but at the
same time handed over as slaves to the parentes of the slain. And it is
not difficult to detect the lines of thought leading to this result. In
the ‘Penitentials’ attributed to St. Finian,[91] the spirit in which
the missionary churches of Brittany, Wales, and Ireland, from their
clerical point of view, dealt with crime very clearly appears. A layman,
in addition to making composition to the injured person, should also do
penance; but a cleric who possessed no property of his own could not pay
the composition (s. 9, p. 110). What, then, was he to do in a case of
homicide? The penitential (s. 23) lays down the rule:--
If any cleric kills his neighbour he must undergo ten years’
banishment with seven years’ penance. If after ten years he has
acted rightly and is approved by the testimony of the abbot or
priest, let him be received back into his country and let him
satisfy the friends of him whom he has killed. Let him return to
the father or mother (of the slain), if alive, saying ‘Behold I,
as for your son, will do whatsoever you tell me.’ If he does not
rightly do this he is not to be received--‘in eternum.’
Then in s. 53 is added, ‘If any one will propose better rules we will
accept and follow them.’
To sum up the evidence of the canons, we can hardly claim to have done
more than to have connected the coirp-dire of the Brehon Laws with the
_pretium hominis_ of St. Patrick, and with the _pretium sanguinis_ of
the ‘Canones Hibernenses,’ and with the clauses relating to homicide
excerpted by the compiler of the so-called ‘Canones Wallici’ from the
books of the Romans and Franks.
The connection, though traceable only through ecclesiastical channels,
seems to establish a continuity as regards the fixed payment for homicide
between the Breton and Irish churches, and possibly the churches of the
Goidelic portion of South Wales, of the fifth and sixth centuries.
[Sidenote: Continuity of Irish and Breton custom as regards the ‘pretium
hominis’ and payment in ancillæ.]
Public-domain text, read in full here on John Shaqi.
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