CatholicaWasserschleben, Die Bussordnungen der abendländischen Kirche (1851) — translated from the Latin; the editor’s German apparatus is rendered in English. The text is from Cod. Paris. S. Germani (formerly Corbeiensis) no. 121, eighth century. A very closely related collection was published by Martène, Thesaurus novus, vol. IV, col. 13 ff., from Cod. Paris. no. 3182 (formerly Bigotianus 89), eleventh century; the Lyon manuscript no. 203 appears to agree with the latter (Serapeum, vol. 3, p. 120). Cf. p. 8 above. In the variants: Big. = the Bigotian manuscript, Wall. = the Welsh Laws (Ancient Laws of Wales, London 1841), Lugd. = the Lyon codex.*
Chapter 1 If anyone shall commit homicide intentionally, he shall restore three female slaves and three male slaves, and shall receive security [that no further vengeance be taken].
(Variant heading, Bigotian MS: “Here begin excerpts from the books of the Romans and of the Franks.” The Bigotian and Welsh texts add a chapter: “If anyone commits homicide out of envy, he shall restore four maidservants and as many menservants, and shall himself have security.” — Welsh Laws XLIX.2.)
Chapter 2 If anyone, being brought to judgement and refusing to stand to the truth, shall be slain in the very act [of resistance], we decree that two female slaves and two male slaves must be restored. But if he shall have lost a hand or a foot or any member, he shall likewise know that he will receive two-thirds of the price [in compensation].
(Variants: Big. “if anyone as a homicide is compelled in judgement”; Wall. “and is unwilling to give satisfaction”; Big. “whoever inflicts debility of hands or of any member, shall receive it in judgement”; Wall. “if the hand, eye or any member is disabled, he shall receive the same in judgement, unless he redeem himself.”)
Chapter 3 If anyone is suspected of homicide and has no title whereby to prove himself, let him clear himself by the oath of forty-eight named men, of whom twenty-four shall swear in church that he is truthful; if so, let him go without charge. But if they shall not swear, he shall restore three female slaves and three male slaves and receive security.
(Variants: Wall. “if homicide is imputed to anyone”; Wall. “he shall clear himself by the oath of named men”; Big. “he shall gather named men”; Big. seven men where our text has three.)
Chapter 4 If a slave shall have slain a freeman and it was by the freeman’s fault — whether he was killed with a club, or a dagger, or a two-edged weapon, or a knife — let the homicide himself be delivered to the kinsmen, and they shall have power to do with him whatever they will.
(Variants: Big. “if a freeman or a slave is slain”; Wall. omits “by the freeman’s fault”.)
Chapter 5 If any master shall permit his slave to bear arms and he kills a freeman, let him know that he shall restore him and another like him.
(Big. adds: “and another slave.”)
Chapter 6 If any freeman shall kill another’s slave without cause, [he shall render] two slaves to the master. But if it was by the slave’s fault, a slave shall be restored to the master for the slave.
(Big.: “if a slave kills a slave through some fault, a slave for a slave.”)
Chapter 7 If anyone shall maim a man in a brawl — whether hand or foot — or strike out an eye, he shall know that he must render a female or a male slave. But if he strikes out the thumb of a hand, he shall restore half a maidservant — that is, half the price of a slave.
(Big. and Wall.: “we decree the middle of the hand to be valued at half the price.”)
Chapter 8 If anyone shall strike a man with a lance or a sword so that the inward parts are laid bare, he shall know that he must render three pounds of silver.
(Wall.: two pounds.)
Chapter 9 If anyone shall strike another’s head so that the membrane of the brain is laid bare, he shall be compelled to pay six pounds of silver.
(Big. and Wall.: three pounds.)
Chapter 10 If anyone shall strike another with a lance and pierce the arm or the foot, yet so that the member is not disabled, let him know that he must give three pounds of silver.
(Big. and Wall.: two pounds.)
Chapter 11 If anyone shall find in his own townland a horse or an ox — or whatever stolen beast — bound or killed, we decree that he shall produce competent witnesses to swear, and then he shall suffer no loss; but if they will not swear, he shall make restitution.
Chapter 12 If anyone shall commit homicide and take to flight, his kinsmen shall have space within fifteen days either to restore part and remain in security, or to depart from the country; and afterwards, if the slayer himself wishes to return, let him restore the half that remains and live in security. But if in the meantime he has been slain [by the kinsmen of the slain], the slaves and what they received shall be restored.
(Variants: Big. “the kinsmen by oath shall restore part within a few days, or depart from the country”; Wall. “all the galanas that was paid for him before shall be repaid.”)
Chapter 13 If anyone shall hurl a lance at another and the man is unhurt, he shall be compelled to pay a pound of silver.
(Big. adds: “If a wound has been made, let him know he must render according to the laws.”)
Chapter 14 If anyone shall trample another’s grain, whatever loss is sworn to by the owner of the harvest with another competent man shall without doubt be made good.
Chapter 15 If another’s pigs shall have remained at night upon the crop for the greater part of the night, he shall render a quadrisextarius [four measures]; if for the lesser part of the night, one measure.
Chapter 16 If anyone is suspected of fornication and has no title whereby to prove himself, let him swear in three basilicas with his kinsfolk, from the least to the greatest, all of them; and then he shall have no charge. But if they will not swear, he shall restore a maidservant.
Chapter 17 If anyone has lost a mare or a cow or whatever beast, and can find it with a man, and it is proved to have been with him for three months, we decree that threefold shall be received [in compensation].
(Big.: “If anyone has taken from a man a horse or a cow or any beast, whatever is claimed, the debtor shall restore it with its keep. Whatever is proved, we decree shall be received.”)
Chapter 18 If a child, up to the age of fifteen years, shall commit any theft, nothing is reckoned against him in judgement; but he shall receive discipline. But after this age, whatever he steals he shall restore.
(Big.: a child up to twelve years.)
Chapter 19 If another’s pigs shall have entered the mast [acorn pasture] and are caught, he shall know that he must give a young pig. But if he drove them in of his own will, let him not doubt that he must give a full-grown pig.
Chapter 20 If a slave shall commit theft or a fault, he shall be beaten with rods and shall restore what he stole.
Chapter 21 If any freeman shall commit theft and die in the very act, none of his kinsmen shall be liable.
(Big.: “none shall take composition from them — so far as a sheep or a pig. If less, he shall restore threefold. A thief may be slain by night; by day it is not lawful. Whoever slays him by night shall have no liability.”)
Chapter 22 If any freeman or slave, committing theft by night, shall in the very act be struck with a lance and killed, he who slew him shall have no liability to make restitution.
Chapter 23 If anyone is suspected of theft and has no title whereby to prove himself, let his goods be put under seal for certain days, until either his falsehood or the truth come to light.
(Big.: for twenty days.)
Chapter 24 If anyone, being summoned to judgement, shall refuse to come, and this is proved by witnesses, he shall be compelled to pay one pound of silver, and whatever was claimed of him he shall restore without delay.
(The Bigotian MS adds: “If anyone shall have been compelled by a tax-collector before the judge for tribute not paid in due season — if he neglected it in the month foretold, he shall give a pledge; and if he shall have neglected it a second month, he shall restore double.”)
Chapter 25 If anyone shall have purchased a field — if he committed no fraud — let an heir leave the inheritance to an heir.
Chapter 26 If anyone has left [an agreement] of his own will, he shall have no force against him that seeks [to annul]; the injured party shall be compensated according to the wound.
Chapter 27 If anyone shall defile another’s wife for fornication’s sake, let them both die the death when taken; and he who shall have slain them need fear no liability.
(Big.: “If anyone shall fornicate with another’s wife or sister or daughter, he shall die the death.”)
Chapter 28 If anyone shall have purchased a slave or a maidservant or any beast or anything, and it was consigned with him — unless he can produce the warrantor or have sureties — let him know he must answer for it as a thief.
Chapter 29 If anyone shall have purchased a Gallic or Saxon horse, or whatever kind of goods, let this be proved by witnesses and consigned with him; and if they are equal in testimony on both sides, let them divide [the price] equally.
Chapter 30 But if anyone shall demand witnesses and have none, but strives to raise a falsehood, he shall know that he must restore threefold.
Chapter 31 If anyone’s cattle shall have remained untouched in his neighbour’s grass, he shall render eight pounds of tin [stagnum]. But if they were caught in pasture, he shall render four pounds of tin.
(Big.: one scruple per animal; if at the top of the grass, one scruple per four animals.)
Chapter 32 If anyone shall have lost a maidservant or a slave and suspects another, let twenty-four men be named, of whom twelve shall swear that he is truthful; but if they will not swear, he shall pay without [the benefit of] the law.
Chapter 33 If anyone shall have lost a horse, six men being summoned, of whom three shall swear, he shall incur no loss.
Chapter 34 But if he shall have lost a cow or an ox, four being summoned of all, of whom two shall swear, he shall incur no loss.
Chapter 35 If anyone shall so strike another that he breaks his upper jaw, he shall restore three cows.
Chapter 36 If anyone shall strike another in the face with a blow so that blood or a bruise appears, he shall restore one pound of silver.
(Big. and Wall.: a maidservant.)
Chapter 37 If anyone shall be struck while intervening in a quarrel, we decree that he shall receive half the composition according to the wound.
Chapter 38 If one slave shall kill another’s slave, the living slave shall be held in common by the masters.
Chapter 39 If anyone’s animal — whether ox or cow — shall kill another with its horn, the living and the dead shall be held in common. But if a bull shall kill a cow or an ox, the owner shall have no liability.
(Big.: “the first [owner] is not liable, the second shall pay the composition.” The Bigotian then adds: “If anyone is brought to judgement for oath’s sake by the judge or by his elders and acknowledges nothing, if he wishes to evade it, this we decree shall remain in law.”)
Chapter 40 If a layman shall wish to bring a charge against a cleric, they shall come to the arbitration of the bishop.
Chapter 41 If a cleric shall wish to bring a charge against a layman, they shall come to the penance of the judge.
Chapter 42 If anyone shall have bequeathed an inheritance at death, whatever he shall have entrusted before witnesses, we decree shall all remain and not be removed.
(The Bigotian adds: “If anyone of his own will and freedom has given a slave or maidservant or home-born slave, no one may reclaim them. If anyone of his own accord has given anything to another, we decree that he shall possess it privately. No cause once judged may be judged again by anyone.”)
Chapter 43 If any dispute shall arise concerning the boundary of a territory, let witnesses be sought, and let the boundary which was before remain.
Chapter 44 But if a cleric is charged with a cause and no ill report of him has been known, let the cause be decided by his own oath.
Chapter 45 But if he has previously borne a bad report, witnesses being appointed, let the cause be decided after the lay manner.
Chapter 46 If anyone, having committed a fault, shall come of his own will to confession to a priest, we decree that he shall be condemned by none.
Chapter 47 But if he shall have wished to deny it and it is proved by another — and if it is known that he did it in time of rebellion — let him pay his price in judgement and know that he must give threefold.
(Knust notes in his copy of the Sangermanensis that “Si quis alieno aliquid abstulerit, reddat” is probably missing here.)
Chapter 48 If anyone shall invoke God as surety and despise Him, he shall be condemned by the judgement’s sentence.
Chapter 49 If anyone shall have purchased a field or a townland and he himself commits capital theft, he shall die the death, and the land which he bought shall revert to the fisc.
Chapter 50 But if a son or daughter or brother shall commit theft and take flight, he [the owner] shall render a maidservant or a slave and shall hold the land. But if they have remained innocent, let the heir leave it to the heirs.
Chapter 51 If anyone shall kill another with a slap, so that neither blood nor bruise appears, he shall pay five solidi.
Chapter 52 If anyone shall make a quarrel before a church, he shall be compelled to pay one pound of silver, and this shall be lent as alms to the needy.
(Big.: “If anyone shall bear arms to church and make a quarrel, he shall be compelled by the church; it shall be put to alms and remitted.” The Bigotian adds: “If anyone shall give his daughter to a husband, let him receive the lawful dower. But if by chance of death he loses her and she wishes to indeed another man, let the sons receive the dower. But if she have none, it is to be given to the father.”)
Chapter 53 If anyone shall strike another with a scourge, he shall pay one pound of silver; if before a church, it shall be assigned as alms to the church.
Chapter 54 If anyone shall have bought a maidservant or a slave and before the year is complete a defect appears in him, we decree that he shall be returned to the former master.
Chapter 55 But if the year shall have passed, whatever defect there be in the slave, the seller shall have no liability.
Chapter 56 If anyone shall have purchased a horse, if within one month no defect appears, it shall in no wise be returned.
Chapter 57 If anyone shall have driven off a horse before a robber [rescued it]: if in the same country, he shall receive six scruples; if in another, the river being crossed, he shall receive a third part of its price.
Chapter 58 If anyone shall strike another with a club and blood runs, he shall restore a cow; but if he shall have made a greater [wound], we decree he shall pay another composition according to the judgement.
(The Bigotian adds: “If anyone shall take a horse from a robber — if it be worth a pound of silver he shall receive an ounce; if less, half an ounce.” And: “If anyone shall catch another’s maidservant fleeing when she could have escaped from her master, he shall deservedly receive iron of the tin.”)
Chapter 59 If anyone shall catch a maidservant or a slave in flight on the way by which they might have escaped two miles off, he shall deservedly receive a third part of their price. Otherwise, if it was a maidservant, he who catches her shall receive two pounds; if a slave, one pound of tin.
Chapter 60 If anyone shall have pointed out a horse and he himself can catch it, he shall deservedly receive a third of its price, or one ounce.
Chapter 61 Let none detain another’s wood of a chief townland, neither wet nor dry, nor the seaweed of the sea, save for cattle and for herbage.
(Big.: “Let none devour another’s wood, meadow and seaweed.”)
Chapter 62 If anyone shall do otherwise, he is to be reproved.
(Big.: “Whatever he shall have grievously done, we decree that he himself make reparation.”)
Chapter 63 If anyone shall have pastured another’s horse and pastured his own [also], if he acknowledges the pasturing, without doubt let him not scruple to seize it with the horse, and we decree that it is his own.
(Big.: “If anyone shall have taken another’s horse and it fell into a snare, we decree that he restore it to its owner.”)
Chapter 64 If anyone of a chief townland shall drive his neighbour [to sell], even though he wishes to go of his own will, he has power of selling neither house nor garden, except the hedges which enclose the crops and the grass.
Chapter 65 If a layman shall strike a cleric, he shall redeem his hand according to what is said, and shall come to penance.
Chapter 66 But if a cleric shall strike a layman, he shall without doubt pay according to the wound in the lay manner.
Chapter 67 If anyone shall intervene in a quarrel and be struck by a liar, he shall know that he must be compensated according to the wound by the laws. But if he was struck by a truthful man, we decree that he shall receive half the composition from the truthful and half from the liar. And this we say likewise in the case of death.
Here ends the collection in the Codex Sangermanensis. In the Codex Bigotianus there follow four further chapters:
Chapter 59 (Bigotian). If anyone shall join his son in marriage to a woman lawfully wed by the will of the fathers, and thereafter shall presume to keep a concubine-slave for himself, let him be a stranger to the Church of God and to every table of Christians, unless he be recalled to penance.
Chapter 60 (Bigotian). If anyone shall wish to keep his own maidservant in marriage, and has power over his goods — if afterwards he shall wish to sell her, it is not permitted. But if he shall wish to sell her, we decree that he be condemned, and we set that maidservant at the priest’s disposal.
Chapter 61 (Bigotian). If any Catholic shall wear his hair long after the manner of the barbarians, let him be held a stranger to the Church of God and to every table of Christians, until he amend the fault.
Chapter 62 (Bigotian). If a dog shall eat anything, for the first fault nothing shall be rendered for it save [the beast] itself. But if it offend a second time, the dog’s owner shall render what it has eaten.
(Then follows Appendix c: the Canones Hibernenses — which is the separate file translated elsewhere in this collection.)