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
Chindasvinthe, who reigned from 642 to 653, had legislated in the same
direction. The question had arisen, what was to be done with homicides
who took refuge in a church and committed themselves to the protection of
God? Seeing that every one ought to be punished for his crime, he issued
an edict to settle this question once for all. He enacted that whatever
slayer or evil-doer the law required to be punished, no power whatever
should be able to shield from punishment. And although the criminal might
flee to the sacred altar, and in that case no prosecutor could drag him
away without the concurrence of the priest, yet the priest, having been
consulted, the sacrament having been given, was to repel the criminal
from the altar, and expel him from the choir, so that his prosecutor
might apprehend him. The criminal thus expelled was to be freed from any
further death penalty, but short of this was to be in the power of the
parentes of the slain, who might do what they liked with him, _i.e._ he
became their slave unless presumably the composition required was paid.
[Sidenote: Murder of a kinsman to be punished with death.]
The successor of this king (653-672) dealt with another point in which
tribal instinct was at variance with Roman law. With the dissolution of
the kindred disappeared the reason and traditional justification for the
rule that there was no feud and no wergeld within the kindred. Tribal
custom everywhere left the worst crime of all--murder of a parent or a
kinsman--without redress, at the same time unpardonable and unavenged. It
became, therefore, needful to promulgate an edict that the judex should
punish the murder of a kinsman by death. And in this case, if there were
no children, all the murderer’s property was to go to the heirs and near
relations of the murdered person. But if there were children of another
marriage, innocent of their parent’s crime, half only of the property was
to go to the children of the murdered kinsman, and half to the innocent
children of the parricide.
If the murderer had fled to the altar of a church he was to be delivered
up to the parentes or propinqui of the slain kinsman, to be dealt with
as they chose, short of death, and if there were no such parentes his
property was to go to the fisc. The murderer whose life was thus spared
was not to have the use of the property.
Lastly there is found in some of the MSS., as an addition to Lib. XII.
Tit. II., an edict of King Wamba, who reigned 672-680, which seems to
mark the last stage in the process of confining the punishment of the
crime to the criminal alone.
[Sidenote: The punishment had become a matter of criminal law and was
confined to the criminal alone.]
Public-domain text, read in full here on John Shaqi.
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