35. If there be an injury of the bone, let 'bōt' be made with IV. shillings. 36. If the outer 'hion' [membrane ?] be broken, let 'bōt' be made with x. shillings. 37. If it be both, let 'bōt' be made with xx. shillings. 38. If a shoulder be lamed, let 'bōt' be made with xxx. shillings. 39. If an ear be struck off, let 'bōt' be made with XII. shillings. 40. If the other ear hear not, let 'bōt' be made with xxv. shillings. 41. If an ear be pierced, let 'bot' be made with III. shillings. 42. If an ear be mutilated, let 'bōt' be made with VI. shillings. 43. If an eye be [struck] out, let 'bōt' be made with L. shillings. 44. If the mouth or an eye be injured, let 'bot' be made with XII. shillings. 1 45. If the nose 1 be pierced, let 'bōt' be made with IX. shillings. 46. If it be one 'ala,' let 'bōt' be made with III. shillings. 47. If both be pierced, let 'bōt' be made with VI. shillings. 48. If the nose be otherwise mutilated, for each let 'bōt' be made with VI. shillings. 49. If it be pierced, let 'bōt' be made with VI. shillings. 50. Let him who breaks the chin-bone pay for it with xx. shillings. 51. For each of the four front teeth, VI. shillings; for the tooth which stands next to them IV. shillings; for that which stands next to that, III. shillings; and then afterwards, for each a shilling. 52. If the speech be injured, XII. shillings. If the collar bone be broken, let 'bōt' be made with VI. shillings. 53. Let him who stabs [another] through an arm,2 make 'bōt' with VI. shillings. If an arm be broken, let him make 'bōt' with VI. shillings. 54. If a thumb be struck off, xx. shillings. If a thumb nail 1 The Frisian law is equally particular in all the possible injuries which can affect this feature, and will throw some light on the obscurities of the present text. 'Thiu nosi thruch-sketen thi ingong tian enza and achta panninga; thi utgong alsa felo; thera inra mutha iawelikes bote twilif skill', thi gristel fiuwer skill'; thera thrira domma gersfal iahwelikes bote sex and thritich skill': If the nose be pierced through, for the entrance, 10 oz. and 8d.; for the exit as much. The bote of each of the inner mouths (i.e. the nostrils) is 12s.; the gristle, 4s. The bote for cutting off the three dams (i.e. the sides and the cartilage) is for each 36s. Asega-Buch, p. iii. § 5. And again: "Thiu nosi thruch-sketen: thi forma wach fiarda thrimine lad, thi other and thi thredda alsa felo: The nose pierced through - the first wall, 3 loths; the second and third, as much.' Ib. § 16. 2Si quis alio brachium super cubitum transpunxerit cum sex solidis componat.' Lex Alamann. Tit. lxv. c. 3. 1 be off, let 'bōt' be made with III. shillings. If the shooting 1 (i.e. fore) finger be struck off, let 'bōt' be made with VIII. shillings. If the middle finger be struck off, let 'bot' be made with IV. shillings. If the gold 2 (i.e. ring) finger be struck off, let 'bōt' be made with VI. shillings. If the little finger be struck off, let 'bōt' be made with XI. shillings. 55. For every nail, a shilling. 56. For the smallest disfigurement of the face, III. shillings; and for the greater, VI. shillings. 57. If any one strike another with his fist on the nose, III. shillings. 58. If there be a bruise, a shilling; if he receive a right hand bruise, let him [the striker] pay a shilling. 59. If the bruise be black in a part not covered by the clothes, let 'bōt' be made with xxx. 'scætts.' 60. If it be covered by the clothes, let 'bōt' for each be made with xx. 'scætts.' 61. If the belly be wounded, let 'bōt' be made with XII. shillings; if it be pierced through, let 'bōt' be made with XX. shillings. 62. If any one be 'gegemed,' let 'bōt' be made with xxx. shillings. 63. If any one be 'cear-wund,' let 'bōt' be made with III. shillings. 65. If a thigh be broken, let 'bōt' be made with XII. shillings; if the man become halt, then the friends must arbitrate. 66. If a rib be broken, let 'bōt' be made with III. shillings. 67. If a thigh be pierced through, for each stab VI. shillings; if (the wound be) above an inch, a shilling; for two inches, II.; above three, I. shillings. 68. If a sinew be wounded, let 'bōt' be made with III. shillings. 69. If a foot be cut off, let L. shillings be paid. 70. If a great toe be cut off, let x. shillings be paid. 71. For each of the other toes, let one half be paid, like as it is stated for the fingers. 72. If the nail of a great toe be cut off, XXX. 'scætts' for 'bōt'; for each of the others, make 'bōt' with x. 'scætts.' Si secundum digitum quo sagittatur, excusserit, M.CCCC. den. qui faciunt sol. xxxv. culpabilis judicetur.' Lex. Sal. tit. xxxii. 4. In a law of the Conqueror it is stated: ‘Del' lung dei (rendra) xvI. sol.; del' autre ki porte lanel xvII. sol.' (Holkham Ms. 142. b.) In the Lex Alamannorum, Tit. lxv. c. 21, this finger is called ‘digitus annularis.' 73. If a freewoman 'loc-bore' commit any 'leswe,' let her make a 'bōt' of xxx. shillings. 74. Let 'maiden-bōt' be as that of a freeman. 75. For the 'mund'1 of a widow of the best class, of an 'eorl's' degree, let the 'bōt' be L. shillings; of the second, xx. shillings; of the third, XII. shillings; of the fourth, VI. shillings. 76. If a man carry off a widow not in his own tutelage, let the 'mund' be twofold. 77. If a man buy a maiden with cattle, let the bargain stand, if it be without guile; but if there be guile, let him bring her home again, and let his property be restored to him. 78. If she bear a live child, let her have half the property, if the husband die first. 79. If she wish to go away with her children, let her have half the property. 80. If the husband wish to have them, [let her portion be] as one child. 81. If she bear no child, let her paternal kindred have the 'fioh' and the 'morgen-gyfe.' 82. If a man carry off a maiden by force, let him pay L. shillings to the owner, and afterwards buy [the object of] his will of the owner. 83. If she be betrothed to another man in money, let him make 'bot' with xx. shillings. 84. If she become 'gængang,' XXXV. shillings; and xv. shillings to the king. 85. If a man lie with an 'esne's' wife, her husband still living, let him make twofold ‘bōt.' 86. If one 'esne' slay another unoffending, let him pay for him at his full worth. 87. If an 'esne's' eye and foot be struck out or off, let him be paid for at his full worth. 88. If any one bind another's 'esne,' let him make 'bot' with VI. shillings. 89. Let the 'weg-reaf' of a 'theow' be III. shillings. 90. If a 'theow' steal, let him make twofold 'bōt.' ! The Longobardic Law is the most copious of all the Barbaric codes in its provisions respecting marriage; and is particularly so on the subject of the mund. From that law it appears that the 'mundium' was a sum paid to the family of the bride, for transferring the tutelage they possessed over her to the family of the husband. . . . CHAPTER XXII LAWS OF HOWEL DDA1 THE VENEDOTIAN CODE TABLE OF CONTENTS BOOK I THE LAWS OF THE COURT iii. Of vi. Of Chap. i. Of the Officers of the court. ii. Of the king. the queen. iv. Of the king's retinue. v. Of the edling. appropriate places. vii. Of the chief of the household. viii. Of the priest of the household. ix. Of the steward. x. Of the chief falconer. xi. Of the judge of the court. xii. Of the chief groom. 1 [Reprinted from] "Ancient Laws and Institutes of Wales;" (comprising laws supposed to be enacted by Howel the Good, modified by subsequent regulations under the native princes prior to the conquest by Edward the First and Anomalous Laws, consisting principally of institutions which by the Statute of Ruddlan were admitted to continue in force: with an English translation of the Welsh text [by ANEURIN OWEN] to which are added a few Latin transcripts, containing digests of the Welsh laws, principally of the Dimetian Code, with indexes and glossary), published under the direction of The Commissioners on the Public Records of the Kingdom, 1841. [The following account of the Laws of Howel is taken from the preface of the above compilation :] About the commencement of the tenth century we find Howel dda, or Howel the good, a conspicuous king in South Wales, in the government of which he succeeded his father Cadell. He inherited from his mother Elen possessions in Powys, and his influence appears to have been powerful throughout North Wales. To him are we indebted for the collections of laws which pass under the name of the Laws of Howel dda, The measures he adopted for the amendment of the laws of Wales are briefly set out in the prefaces or prologues which commence the several versions of them printed in the following pages [omitted here]. Perceiving the laws and customs of the country to be violated with impunity, and to be falling into lesuetude, he caused them to be examined, that so what was wholesome and beneficial might be retained, what was ambiguous might be expounded, and what was superfluous or prejudicial might be abrogated. Having summoned the archbishop of Menevia, other bishops and the chief of the clergy, the nobles of Wales, and six persons (four laymen and two clerks) from each comot, to meet at a place called Y Ty Gwyn ar Dav, or the White House on the river Tav, he repaired thither in person; and having spent all the Lent in prayer and fasting, he selected from the whole assembly twelve of the most experienced persons, and added to their number a clerk or doctor of laws, named Blegywryd. To xiii. Of the page of the chamber. xiv. Of the bard of the household. xv. Of the silentiary. xvi. Of the chief huntsman. xvii. Of the mead brewer. xviii. Of the mediciner of the household. xix. Of the butler. xx. Of the door-ward. xxi. Of the cook. xxii. Of the candle-bearer. xxiii. Of the queen's steward. xxiv. Of the priest of the queen. xxv. Of the chief groom of the queen. xxvi. Of the page of the chamber to the queen. xxvii. Of the handmaid. xxviii. Of the door-ward to the queen. xxix. Of the cook to the queen. xxx. Of the candle-bearer to the queen. xxxi. Of the officers in the court by custom and usage. xxxii. Of the groom of the rein. xxxiii. Of the foot-holder. xxxiv. Of the land-maer (bailiff). xxv. Of the apparitor. xxxvi. Of the porter. xxxvii. Of the watchman. xxxviii. Of the woodman. xxxix. Of the baking-woman. xl. Of the smith of the court. xli. Of the chief of song. xlii. Of the laundress. xliii. Of other things. BOOK II THE LAWS OF THE COUNTRY Chap. i. The laws of the women. ii. The privileges of Arvon. iii. Triads. iv. Of the nine tavodiogs (advocates). v. Of wounding an animal. vi. Of the claim of surety and debtor. vii. Concerning a briduw (solemn asseveration to the truth of a thing by a person on his faith). viii. Of a contract. ix. Of gorvodogaeth (surety for any person accused of crime). x. Of church protection. xi. Laws concerning landed property, and the form of pleading in respect thereto. xii. The law of brothers for land. xiii. The law of dadenhudd (suit for recovery of patrimony) for land and soil. xiv. Mode of suing for land by kin and descent. xv. A woman is not to have patrimony according to the men of Gwynedd. xvi. An innate boneddig (free Welshman of indigenous these thirteen was confided the task of examining, retaining, expounding, and abrogating. The compilation of laws, which resulted from their labours, was, when completed, read through, allowed, and proclaimed; and Howel caused three copies of them to be written, one of which was to accompany the court for daily use, another was deposited in the court at Aberfraw, and a third at Dinevwr. That nothing might be wanting to strengthen the observance of these laws, sentence of excommunication was denounced against all transgressors, and soon after Howel went to Rome, attended by the archbishop of St. David's, the bishops of Bangor and St. Asaph, and thirteen other personages. The laws were recited before the Pope, and confirmed by his authority; upon which Howel and his companions returned home. [The glossary terms appearing as a part of the above compilation have been inserted at the appropriate places.] |