Page:Archaeological Journal, Volume 5.djvu/250

 192 PUNISHMENT OF SACRILEGE. possible, that in very rude times actual excoriation was in- flicted, and afterwards commuted for severe fustigation, de- scribed in the dreadful terms above mentioned ; and occasion- ally it would appear that flaying is really implied in these enactments. For example, in the laws of Henry I., it is or- dained that if any man slay his lord, there should be no re- demption, — " nullo modo se redimat, sed de comacione (scalp- ing) vel excoriacione, severa gentium animadversione damp- netur, ut diris tormentorum cruciatibiis, et male mortis infor- tuniis infelicem prius animani exhalasse, qiiam finem doloribus excepisse videaturV Much more might be said in regard to the curious question of the legality of " excoriacio," literally inflicted in pursuance of judicial ordinances of medieval times, but I must leave the subject to the consideration of those who are more versed than myself in ancient laws. The penalty for sacrilegious theft was mostly of unusual severity -. according to the laws of Alfred, robbery in a church was punishable by fine, and the guilty hand was to be struck off": this, however, might be re- deemed s. In the case of spoliation by barbarian invaders, where probably successive bands had repeatedly laid waste the sacred fabric, it seems very probable that the enormity of the crime would readily be admitted as a justification of the most savage punishment, I am strongly inclined to the opi- nion that flaying was not a specific punishment for any parti- cular oflence or class of offences, but was an arbitrary mode of inflicting the penalty of death, in such instances as these,' where the vindictive excitement of the occasion could not be satisfied by any ordinary modes of punishment. ALBERT WAY. f Ancient Laws and Institutes of Eng- b Ancient Laws, vol. i. p. 67. land, vol. i. p. 579.