A Source Book for Ancient Church History - Mirrors

684 A Source Book for Ancient Church HistoryThe characteristics of the Western penitentials are their minutedivision of sins, their exact determination of penances for eachsin, and the great extent to which they were used in the practicalwork of the Church. They serve as the first crude beginningsof a moral theology of a practical character, such as would beneeded by the poorly trained parish clergy of the times in dealingwith their flocks. On account of the nature of these works, itis hardly necessary or expedient to give more than a few briefextracts in addition to references to sources. Much of the matteris extremely offensive to modern taste.(a) King Æthelberht, Laws. Thorpe, Ancient Laws and Institutes(Rolls Series), 1 ff.The Early Germanic Codes are full of regulations wherebyfor an injury the aggrieved party, or his family in case ofhis death, could be prevented from retaliating in kind uponthe aggressor and his family. This was effected by a moneypayment as compensation for damages sustained, and theamount for each sort of injury was carefully regulated bylaw, i.e., by ancient custom, which was reduced to writingin the sixth century in some cases. The Laws of Æthelberhtare written in Anglo-Saxon and are probably the earliest in aTeutonic language. For a translation of characteristic portionsof the Salic Law, which should be compared with the Laws ofÆthelberht to show the universality of the same system, seeHenderson, Select Historical Documents of the Middle Ages,p. 176, London, 1892; also Hodgkin, Italy and Her Invaders,VI, 183, for the Lombard law of Rothari, a little later, but ofthe same spirit.21. If any man slay another, let him make bot with a halfleod-geld of 100 shillings.22. If any man slay another at an open grave, let him pay 20shillings and pay the whole leod within 40 days.