Among the Statutes of Alexander II. under date A.D. 1220 the following fines were imposed upon persons who held land of the king and who absented themselves from the army. (Clause II., p. 68.)
From a thane, 6 cows and a gillot [juvenca].
From an ochtyern, 15 sheep or 6s. (half to King and half to the thane or the knight).
From a carl [rusticus], a cow and a sheep to be divided between the King and the thane or knight, but if with the leave of the thane or the knight, then all to the King.
This clause reveals a social division of classes into thanes, ochtyerns,[199] and carls or rustics; to which another clause (IV., A.D. 1230) enables us to add the nativus or ‘kind-born bondman.’
It is not needful to pursue the inquiry into the laws of the later kings of Scotland. But among the ‘Fragmenta’ in App. V. (p. 375) of the collection there is one which must not be overlooked, although it may be difficult to fix its date. It seems to be made up of two fragments united and is interesting as containing two very different statements of the payment ‘for the life of a man.’
Put into modern English, the first part is as follows:—
All laws either are man’s law or God’s law. By the law of God, a head for a head, a hand for a hand, an eye for an eye, a foot for a foot.
By the law of man for the life of a man ixˣˣ cows, for a foot a mark, for a hand as much, for an eye half a mark, for an ear as much, for a tooth 12 pence, for each inch of length of the wound 12 pence, for each inch of breadth of the wound 12 pence. For a stroke under the ear 16 pence, for a stroke with a staff 8 pence, and if he fall with the stroke 16 pence. For a wound in the face he shall give an image of gold [? a coin with the King’s head upon it].