페이지 이미지
PDF
ePub

numerous codes handed down to us any trace of religious persecution. The priest is liable in the same manner as the layman to the secular law. No difference is made between his wer-geld and that of any other subject of equal rank. In fact, he seems to have required special protection, being classed with the foreigner in the laws of Edward and Guthrum (about A. D. 900). "Gif man gehadodne oththe celtheodigne thurh enig thing forræde, at feo, oththe ot feore thonne sceal him cyng beon oththar eorl ther on lande, and bisceop there theode, for mog and for mund-boran, buton he elles otherne hobbe." "If any one injure a priest or a stranger, either in goods or life, then shall the king or the earl of the district, or the bishop of the people, be to him for kinsman and protector, unless he have another."

Priests neglecting their duty were amenable to secular law. If a priest misdirected the people as to a festival or a fast, he was to pay a fine of 30 shillings amongst the English, and three half-marks amongst the Danes.

The bishop occupied a very important and dignified position amongst the Anglo-Saxons. The first law of the earliest Anglo-Saxon code enacts that the bishop's property, if stolen, shall be restored eleven-fold. He is the only man besides the king whose word was to be taken without an oath. "Biscope's word and Cyninges sie unlægne buton athe."* His wer-geld was fixed at the same amount as an ealdorman's, 8000 thrymsas. But with all his honours he was amenable to the law, even for neglect of clerical duties. "Let the bishops and abbots," says the ordinance of Ethelred (A. D. 1008), "submit to the law, and live according to their rule."

There is in many of the Anglo-Saxon codes a noble sense of righteousness, justice, and freedom.

Take the

* Wihtræd's Dooms., No. 16.

following introduction, from the Liber Constitutionum of Ethelred, A. D. 1008.

This is the ordinance that the king of the English and the ecclesiastical lay 'witan' have chosen and advised.”

This is the first; that we all love and worship one God, and earnestly hold one Christian belief, and every heathenship entirely cast out; and this we all have both with word and pledge confirmed, that under one kingdom we will hold one Christianity.

And the ordinance of our lord and of his witan is, that right law be established, and every unlawfulness earnestly abolished; and that every man be regarded as entitled to right; and that peace and friendship be rightly observed within this land, before God and before the world.”

This is not mere verbiage, for the whole detail of the laws is carried out in the same spirit of justice and freedom. In perusing these old laws, amusing illustrations of manners and customs occasionally crop up. Amongst the Franks the hair was worn long by both sexes, and was an object of great pride and attention. Cutting off the hair, or shaving, was considered a great disgrace. We find in the Salic code the following law: "Si quis puerum crinitum sine voluntate parentum totonderit, mille octingentis denariis, qui faciunt solidos quadraginta quinque, culpabilis judicetm." To shave the head of a girl was punished with the heavier penalty of 62 sols, or 2500 deniers.

Calling names has been a weakness of human nature in every age, and when carried beyond a certain pitch is usually subject to punishment. The Salic code informs us what were the complimentary epithets visited with punishment 1300 years ago. If one called another a little fox, "vulpeculum," he was fined three sols; but if he called. him a hare, "leporem," he had to pay six sols fine. For a man to call his neigbour "squint-eye" involved a penalty

of 15 sols; but if a lady had an imputation cast on her chastity, it involved a fine of 45 sols.

Our Saxon ancestors were fond of convivial parties and ale drinking, as many of their descendants continue to be. In the laws of Hlothore and Eadric (seventh century), it is provided that if a man draw a weapon where men are drinking, even if no harm ensue, he must pay one shilling to the master of the house and 12 shillings to the king; if blood be drawn, he must pay 50 shillings to the king.

The insecure state of society at that period is shewn by the following law of King Ine (seventh century); "Gif feorcund mon oththe fremde butan wege geond wudu gonge, ne hrieme ne horn blawe; for theof he bith to profianne, oththe to aliesanne." "If a farcoming man, or a stranger out of his way, passes through a wood, and neither shouts nor blows his horn, he is to be considered a thief, to be either slain or fined."

I feel that I have extended this paper beyond the ordinary limits, but much more would be required to render the picture complete. The character of a nation is certainly exhibited in its laws; and in comparing the codes of the different Teutonic races in early times, it is pleasant to find in the Anglo-Saxon codes a spirit of justice, freedom, kindness and goodwill, which compares advantageously with the rude simplicity of the Salic code, and the complicated verbiage and intolerant enactments of the Alemannic laws. A fiercer and more repressive system was introduced at the Conquest, but by degrees the Old English spirit of individual freedom and equal justice again asserted its right, and finally gained the ascendancy; and at a future and distant day, should any curious antiquary institute an inquiry into the laws of England in the nineteenth century, with the object of throwing light on the character of

H

the people, he will find, on the whole, that the tendency and nature of our institutions could not be better described than in the noble words of King Ethelred, 850 years ago, with which I will conclude.

"It is the ordinance of the 'witan,' that Christian men be not, for altogether too little cause, condemned to death; but in general let mild punishments be decreed for the people's need; and let not for a little God's own handiwork be destroyed, which he dearly bought; but let every deed be heedfully distinguished, and doom according to the deed be moderated in degree; so that before God it be fitting, and before the world bearable. And let him who judges others bear in mind, very seriously, what he himself desires when he thus speaks, And forgive us our sins, as we forgive others.''

SEVENTH ORDINARY MEETING.

ROYAL INSTITUTION, 27th January, 1868.

J. BIRKBECK NEVINS, M.D., VICE-PRESIDENT, in the Chair.

Ladies were invited to attend this meeting.

Mr. Picton exhibited Westwood's splendid work, "Illustrations of the miniatures and ornaments of the Anglo-Saxons and the Irish," and the famous A.-S. fibula or brooch from the Mayer collection, which was dug up at Kingsdown in 1771, by the Rev. Brian Fawcett. Mr. Picton then entered into a series of observations, with reference to the discussion on his paper at the last meeting, in which he cited proofs from Lappenberg, Kemble, &c., in support of certain facts he had advanced in his paper, but which had been questioned during the discussion.

Mr. Flück next exhibited several specimens of relics and other antiquities from the Lacustrine dwellings of Switzerland, and gave an interesting account of the origin and progress of these discoveries.

After the discoveries made in 1853–54, by Dr. F. Keller, at Meilen, on the Lake of Zurich, which he fully described shortly after in his work, "Die Keltifchen Pfahlbanten in den Schweizerfeen," many others, who took an interest in archæological matters, made researches in the different Swiss lakes, and the result was that up to 1864 more than two hundred of these "pfahlbanten," or lake dwellings were discovered. During the summer of that year the

« 이전계속 »