Ordene est que l’usages de Scots et de Brets desorendroit soit defendu si que mes ne soient usez.
Here we have the usages of the Brets and Scots distinctly recognised as still lingering on so late as the beginning of the fourteenth century in some parts of Scotland.
Laws of King David.
In the laws of King David[196] there are distinct traces of ancient custom as regards wergelds and the connection of the kindred with their payment and receipt. In section XIV. it is enacted:[197]—
If in any place within the peace of the King any one shall attempt to strike another, he shall pay to the King 4 cows and to the other 1 cow. If he shall really strike, but without drawing blood, 6 cows to the King and 2 cows to the other. If blood be drawn, 9 cows to the King and 3 to the person struck. If he slay the other, he shall give to the King ‘XXIX ky and a colpindach’ (juvenca).[198] And he shall assyth to the kin of him slain after the assyse of the land.
Clause XV. deals with violence done in the king’s court:—
If any one draws a knife to another in the King’s Court it shall be stricken through the middle of his hand. If he draws blood, the hand shall be cut off. And if he slay any man, he shall give to the King XX ky and a colpindach [ixˣˣ, Ayr MS.] and he shall make peace with the kin of him slain and with the King ‘after the assyse of the kynrik.’
In both these clauses the wergeld to the kin is additional to the payment to the king (of 180 cows?) for breach of his peace.
Clause XVI. forbids the letting off of a thief for money or friendship. An earl or any one having the freedom and custom of an earl who does this is to pay to the king 100 cows, and other great men not of earl’s rank 34 cows. The thief is to be ‘outlawed through all the king’s land.’