CHAPTER X.

FǼHÐE. WERGYLD.

The right of private warfare, technically called fǽhðe or _feud_[495],

was one which every Teutonic freeman considered inalienable; and which,

coupled with the obligations of family, was directly derived from his

original position as a freeman[496]: it was the privilege which he

possessed before he consented to enter into any political bond, the

common term upon which all freemen could meet in an equal form of

polity. It was an immediate corollary from that primæval law of nature,

that each man may provide for his own defence, and use his own energies

to secure his own well-being, and the quiet possession of his life, his

liberty and the fruits of his labour. History and tradition both assure

us that it did exist among the tribes of the North: and it is reasonable

to suppose that it must have done so, especially in any case where we

can conceive separate families and households to have maintained at all

an independent position toward one another. Where no _imperium_ yet

exists, society itself possesses only a _ius belli_ against its own

several members; and if neighbours will not be neighbourly, they must be

coerced into peace (the great and first need of all society and the

condition of its existence) by alliance of the many against the few, of

the orderly and peaceful against the violent and lawless. This right of

feud then lies at the root of all Teutonic legislation; and in the

Anglosaxon law especially it continues to be recognized long after an

imperial power has been constituted, and the general conservancy of the

peace has been committed to a central authority. It admits as its most

general term, that each freeman is at liberty to defend himself, his

family and his friends; to avenge all wrongs done to them, as to himself

shall seem good; to sink, burn, kill and destroy, as amply as a royal

commission now authorizes the same in a professional class, the

recognized executors of the national will in that behalf. Now it is

obvious that such a power, exercised in its full extent, must render the

formation of an orderly society difficult, if not impossible. The first

problem then is to devise means by which private vengeance may be

regulated, private wrong atoned, the necessity of each man’s doing

himself right avoided, and the general state of peace and security

provided for. For setting aside the loss to the whole community which

may arise from private feud, the moral sense of men may be shocked by

its results: an individual’s own estimate of the satisfaction necessary

to atone for the injury done to him, may lead to the commission of a

wrong on his part, greater than any he hath suffered; nor can the strict

rule of “an eye for an eye, and a tooth for a tooth,” be applied, where

the exaction of the penalty depends upon the measure of force between

appellant and defender.

-----

Footnote 495:

Fǽhðe is etymologically derived from fá, _a foe_: it is the state or

condition of being fá with any one. “Gif hwá ofer ðæt stalige sý he fá

wið ðone cyning and ealle his freónd.” “If after that, any one steal,

be he foe (at feud) with the king, and all that love him.”

Footnote 496:

Tacit. Germ. xxii.

-----

In the feeling then of the omnipotence of the State, for paramount

purposes, over all the several individuals whose proximity to one

another necessarily caused the existence between them of relations,

amicable or hostile, the Teutonic nations set themselves the task of

regulating the _Right of Feud_. They could not entirely abrogate it, for

it was the very basis of that freedom which enabled every man to enter

into a contract or engagement as to the mode of its exercise; but they

defined, and as far as possible limited, its sphere and the extent of

its action.

The natural right of every man to do himself justice to the extent of

his own estimate[497], seems early to have received so much check as

could be given by the establishment of a _lex talionis_,—life for life,

and limb for limb. The eorl who captured the thane Imma, in the seventh

century, could say to him, “I might justly put thee to death, because my

kinsmen fell in the battle wherein thou wert made prisoner[498];” and

this principle was recognized even in the later legislation, after what

we may call a legal commutation of this right had been established: the

ordinance respecting oaths to be administered says, “A twelfhynde man’s

oath stands for six ceorls’ oaths; because if a man should avenge a

twelfhynde man, he will be fully avenged on six ceorls, and his wergyld

will be six ceorls’ wergylds[499].” The Teutonic nations generally

avoided the inconveniences of such a system by making the State itself

the arbitrator between the parties; that is, by establishing a tariff at

which injuries should be rated, and committing to the State the duty of

compelling the injured person to receive, and the wrongdoer to pay, the

settled amount. It thus engaged to act as a mediator between the

conflicting interests, with a view to the maintenance of the general

peace: it assured to the sufferer the legal satisfaction for his loss;

it engaged to his adversary that, upon due payment of that legal

satisfaction, he should be placed under the public guarantee and saved

from all the consequences of feud. For doing this, the State claimed

also some remuneration; it imposed a fine, called sometimes _fredum_,

from frið, peace, or _bannum_ from its proclamation (bannan)[500], over

and above the compensation between man and man. And this is obviously

what Tacitus means when he says[501], “They are bound to take up both

the enmities and the friendships of a father or relative. Nor are their

enmities implacable; for even homicide is atoned for by a settled number

of flocks or cattle, and the whole house receives satisfaction,—a useful

thing for the state, for feuds are dangerous in exact proportion to

freedom.” And again, “A portion of the fine goes to the king or state, a

part to him whose damages are to be assessed, or to his relatives.” Only

where the State would not, or could not, as may sometimes have happened,

undertake this duty, did the right of private warfare again resume its

course, and the family relations recover their pristine importance. The

man who presumes to fight, before he has in vain appealed to all the

recognized authorities for redress, is liable, under Ælfred’s law, to

severe punishment, except in one important case, which involved the

maintenance of the family itself, to secure which alone the machinery of

the State exists[502]. But where the offender refuses to avail himself

of the means of peaceful settlement which society has provided for him,

the person injured may make war upon him, and have the assistance of the

State in so doing. The most general expression of this right is found in

a proverbial formula retained in the law of Eádweard the Confessor, and

which may be said to comprise all the law of the subject: it says, “Let

amends be made to the kindred, or let their war be borne;” whence the

English had the proverb, ‘Bicge spere of síde óðer bere,’ that is to

say, _Buy off the spear or bear it_[503]. The mode however of applying

this general right was not left to individual caprice. The following

regulations made by successive kings will explain very fully the

practice and the theory of Feud or War. Ælfred ordains, “That the man

who knows his foe to be homesitting fight not, before he have demanded

justice of him. If he have power enough to beset his foe, and besiege

him in his house, let him keep him there for seven days, but not attack

him, if he will remain within-doors. If then, after seven days, he be

willing to surrender, and to give up his weapons, let him be kept safe

for thirty days, and let notice of him be given to his kinsmen and

friends.... But if the plaintiff have not power enough of his own to

besiege his foeman, let him ride to the ealdorman and beg aid of him:

and if the ealdorman will not aid him, let him ride to the king before

he fights. In like manner if a man come accidentally upon his foe, and

without previous knowledge of his homestaying; if the foe will surrender

his weapons, let him be kept safely for thirty days, and let notice be

given to his friends. If he will not surrender his weapons, he may

lawfully be attacked. But if he be willing to surrender and to deliver

up his weapons, and after that, any one attack him, let him pay _wer_

and wound, as well he may, and fine, and have forfeited his

mǽgship[504]. We also declare that it is lawful war, for a man to fight

for his lord, if any one attack his lord: and so also may the lord fight

for his man. And in like manner a man may fight for his born kinsman, if

any wrongfully attack him, except against his own lord: that we allow

not. And it is lawful war if a man find another with his wedded wife

within closed doors, or under one covering, or with his daughter born in

wedlock, or his sister born in wedlock, or his mother who was given to

his father as a wedded wife[505].”

-----

Footnote 497:

This is the wild right of every outlaw, the law of nature which

resumes its force when human law has been relinquished.

“I lost mine eye in laying the prize aboard,

And therefore, to revenge it, shalt thou die!”

Hen. VI. Part 2, act iv. sc. 1.

Such is the justice of him who has returned to the universal state of

war. Against such a one, Society, if it mean to be society, must on

its side declare a war of extermination.

Footnote 498:

Beda, Hist. Eccl. iv. 22.

Footnote 499:

“Twelfhyndes mannes áð forstent syx ceorla áð; forðám gif man ðone

twelfhyndan man wrecan sceolde, he hið full wrecen on syx ceorlum, and

his wergyld bið syx ceorla wergyld.” Oaths, § 12. Thorpe, i. 182.

Footnote 500:

The technical term is, _to set up the king’s protection_, “cyninges

munde rǽran.” Eádw. and Guð. § 13. Eádm. ii. § 7. Thorpe, i. 174, 250.

This is the engagement of the State that the arbitrament shall be

peaceably made, and it at once abrogates all right of feud, and fear

of violent revenge.

Footnote 501:

“Suscipere tam inimicitias seu patris seu propinqui quam amicitias

necesse est. Nec implacabiles durant; luitur enim etiam homicidium

certo armentorum ac pecorum numero, recipitque satisfactionem universa

domus: utiliter in publicum; quia periculosiores sunt inimicitiae

iuxta libertatem.” Germ. xxii. “Sed et levioribus delictis [including

homicide] pro modo poenarum equorum pecorumque numero convicti

multantur. Pars multae regi vel civitati, pars ipsi qui vindicatur,

vel propinquis eius exsolvitur.” Ibid. xii.

Footnote 502:

The Saxon law says, in accordance with the universal law of nature and

society, “A man may fight, without incurring the penalty of raising

war, against him whom he finds with his wedded wife, within closed

doors, or under one covering; or, with his daughter lawfully born, or

with his sister lawfully born, or with his mother, who was given to

his father as his wedded wife.” In these cases there is, and can be,

no murder before the law. It is needless to show from the history and

traditions of every European state, that this is a principle

universally recognized.

Footnote 503:

Leg. Eádw. Conf. xii. Thorpe, i. 447.

Footnote 504:

Probably, “Let him, forfeit all claim to the assistance of his

kinsmen, either in repelling feud or paying fine.”

Footnote 505:

Ælfr. § 42. I have slightly varied the form of expression in the last

sentences, on account of the difficulty of rendering the adjective

_orwige_. Ælfred says in these cases a man may fight _orwige_,

literally, _without incurring the guilt of making war_, without

becoming obnoxious to the penalties assigned to the crime of

war-raising.

-----

The inconveniences of this state of society induced Eádmund, about the

middle of the tenth century, to release the kindred from the

consequences of fǽhðe: he thus commences his secular laws:

“Eádmund the king makes known to all the people, old and young, that are

in his dominion, what I have deliberated with the counsel of my Witan,

both ordained and laic. First how I might best promote Christianity.

Then seemed it to us first most needful that we should most firmly

preserve peace and harmony among ourselves, throughout all my dominion.

Both I, and all of us, hold in horror the unrighteous and manifold

fightings that exist among ourselves: we have therefore decreed: If

henceforth any one slay another, let him bear the feud himself, unless

by the assistance of his friends, and within twelve months, he make

amends with the full _wer_, be he born as he may. But if his kindred

forsake him, and will not pay for him, it is my will that all the

kindred be _unfáh_ [out of feud] except the actual perpetrator; provided

that they do not give him either food or protection. But if afterwards

any of the kindred harbour him, he shall be liable in all that he

possesses to the king[506] and bear the feud with the kindred, because

they had previously forsaken him. But if any of the other kindred take

vengeance upon any man save the actual perpetrator, let him be foe to

the king and all his friends, and forfeit all that he has[507].”

-----

Footnote 506:

A forfeiture of this kind is recorded in the Codex Diplomaticus, Nos.

714, 719, 1304. A lady had harboured her brother, while an outlaw for

murder. Her lands were all forfeited and given to the king.

Footnote 507:

Eádm. Sec. Leg. § 1. Thorpe, i. 246.

-----

It is probable that this right thus reserved to the kindred of deserting

their guilty kinsman, was not often exercised, nevertheless the

subsequent laws of Æðelred and Cnut[508] may be considered to have been

understood in connexion with it, and subject to its limitations.

-----

Footnote 508:

See above, cap. ix. p. 264.

-----

The law of Eádweard the elder (about A.D. 900 to 915), regulates the

mode of proceeding when both parties are willing to forego the feud,

upon the established principles of compensation. He says[509]: “The

wergyld of a twelfhynde man is twelve hundred shillings. The wergyld of

a twýhynde man is two hundred shillings. If any one be slain, let him be

paid for according to his birth. And it is the law, that, after the

slayer has given pledge for the wergyld, he should find in addition a

_werborh_, according to the circumstances of the case; that is, for the

wergyld of a twelfhynde man, the werborh must consist of twelve men,

eight by the father’s, four by the mother’s side. When that is done, let

the king’s protection be set up; that is, all, of either kindred, laying

their hands together upon one weapon, shall pledge themselves to the

mediator, that the king’s protection shall stand. In twenty-one days

from that day let one hundred and twenty shillings be paid as

_healsfang_, at a twelfhynde man’s wergyld. The healsfang belongs to the

children, brothers and paternal uncles: that money belongs to no kinsman

except such as are within the degrees of blood. Twenty-one days after

the healsfang is paid, let the _manbót_ be paid; twenty-one days later,

the _fight-fine_; in twenty-one days from this, the _frumgyld_ or first

instalment of the wergyld; and so forth until the whole sum be

discharged at such fixed time as the Witan have agreed. After this they

may depart with love, if they desire to have full friendship. And with

respect to the wergyld of a ceorl, all that belongs in his condition

shall be done in like manner as we have said respecting the twelfhynde

man.”

-----

Footnote 509:

Eád. and Guð. § 13. Thorpe, i. 174.

-----

The law of Eádmund contains similar provisions[510]. “The Witan shall

appease feud. First, according to folkright, the slayer shall give

pledge to his advocate, and the advocate to the kindred of the slain,

that the slayer will make compensation to the kin. Then it is necessary

that security be given to the slayer’s advocate, that the slayer may

draw nigh in peace, and himself give pledge for the wergyld. When he has

given his wed for this, let him further find a werborh, or security for

the payment of the wer. When that is done let the king’s protection be

set up: within twenty-one days from that, let the healsfang be paid;

within other twenty-one days, the manbót; and twenty-one days from that,

the first instalment of the wergyld.”

-----

Footnote 510:

Eádm. Sec. Leg. § 7. Thorpe, i. 250.

-----

The wergyld then, or life-price, was the basis upon which all peaceful

settlement of feud was established. A sum paid either in kind or in

money, where money existed, was placed upon the life of every free man,

according to his rank in the state, his birth or his office. A

corresponding sum was settled for every wound that could be inflicted

upon his person; for nearly every injury that could be done to his civil

rights, his honour or his domestic peace; and further fines were

appointed according to the peculiar, adventitious circumstances that

might appear to aggravate or extenuate the offence. From the operation

of this principle no one was exempt, and the king as well as the peasant

was protected by a wergyld, payable to his kinsmen and his people. The

difference of the wergyld is the principal distinction between different

classes; it defined the value of each man’s oath, his mund or

protection, and the amount of his fines or his exactions: and, as we

have already seen[511], it regulated the equivalent for his value. And

as it is obvious that the simple wergyld of the free man is the original

unit in the computation, we have a strong argument, were any needed,

that that class formed the real basis and original foundation of all

Teutonic society.

-----

Footnote 511:

See above, p. 275.

-----

Although this principle was common to all the Germanic tribes, very

great variety exists in the amounts severally adopted to represent the

value of different ranks,—a variety easily understood when we reflect

upon the relative condition of those tribes at the period when this

portion of their law was first settled. A slight account of them will be

useful, as an introduction to the consideration of our Anglosaxon

values. It will be seen throughout that various circumstances have

tended to introduce changes into the early and simple order[512].

-----

Footnote 512:

The following numbers are taken from Grimm, Rechtsalt. p. 272.

-----

Salian Franks.—Ingenuus, 200 sol.: litus, 100 sol.: ingenuus in hoste

600: litus in hoste, 300 sol.: ingenuus in truste 1800: litus in truste,

900 sol.

Thus if engaged in actual warfare, the value of the freeman and the

emancipated serf was tripled; and if in the _trust_ or immediate service

of the king, their respective values were multiplied nine times. It is

probable that the Ripuarian Franks adopted the same numbers.

Angli et Werini.—Liber 200 sol.: adaling (noble) 600: libertus

(freedman) 80 sol.

Law of the Saxons.—Probably, the freeman 240 shillings: noble 1440:

freedman 120 shillings.

Law of the Bavarians.—The duke 960 shillings: the ducal family of the

Agilolfings, 640: the other five noble races, 320 shillings: the simple

free man 160 shillings.

Law of the Alamanni.—Primus (the first rank of the nobles) 240

shillings: medianus (the second rank of nobles) 200: minofledus (the

free man) 160.

Law of the Burgundians.—Noble 300 shillings: lower noble (mediocris)

200: freeman (minor) 150.

Law of the Frisians.—Noble 80 shillings: freeman 53⅓; freedman 26⅔

shillings.

Law of the Visigoths.—Freeman (between the years of twenty and fifty)

300 shillings: freedman 150.

In the North, 100 silfrs was the wergyld of the freeman, and there is no

account of the jarl’s. The Old Swedish laws generally assign 40 marks;

this is the reckoning of the Upland, Sudermanland, and Eastgothland

laws. The Westgothland law has 39 marks; the Jutish 54; and the Gutalag,

three marks of gold.

The wergyld of the clergy is slightly different: among the Salic Franks,

deacon 300, priest 600, bishop 900 shillings. A late addition to the

Ripuarian law computes,—clericus 200, subdeacon 400, deacon 500, priest

600, bishop 900.

This is sufficient to give a general outline of the system: it will be

observed that these continental computations give no reckoning for the

king. Beyond doubt they were for the most part settled after the royal

power had become so fully developed as to cast aside all traces of its

original character and nature.

The Anglosaxon equivalents for these computations are by no means clear;

nor, as far as we can judge, are they altogether consistent. It is

probable that they varied not only in the several Anglosaxon kingdoms,

but were also subject to change at various periods, as the relative

value of life and produce altered. The Kentish law which names only the

eorl and ceorl, as the two classes of free men, does not give us the

exact amount of their wergylds, but it supplies us with some data by

which perhaps an approximation may be made to it. In Æðelberht’s law (§

2, 5, 8) the king’s _mundbyrd_ or protection is valued at fifty

shillings, the eorl’s or noble’s at twelve (§ 13, 14, compared with §

10, 15, 16, 17), and the ceorl’s or simple freeman’s at six (§ 15, 25,

88). Thus the three classes stand in the relation of fifty, twelve and

six; or taking the ceorl as unity, their respective values are 8⅓, 2 and

1: that is,

Ceorl:eorl::1:2.

Ceorl:king::1:8⅓.

Eorl :king::1:4⅙.

Now the _medume leódgeld_ of the ceorl is stated to be one hundred

shillings (§ 7), and if Grimm and Thorpe were right in translating this

the _half_ wergyld, we should have the very improbable sums of 200, 400

and 1666⅓ Kentish shillings. _Meduma_ however does not signify _half_,

but _middling_, _moderate_: the enactment in Æðelberht’s law amounts in

fact to this: If a man slay another, he is to pay his wergyld; but not

so, if the slayer happen to be the king’s armourer or messenger; in that

case he is to pay only a moderated wergyld of one hundred shillings. It

was an exemption in favour of two most important officers of the royal

household; and shows partly the growing encroachment of prerogative,

partly the value set upon the talents of the officers themselves[513].

The common wergyld then was above one hundred, and I think it can be

shown that it was below two hundred, shillings. The case of a wergyld

paid for a king, though rare, is by no means unexampled[514]. In the

year 687, Múl Æðelweard, a scion of the royal race of Wessex, invaded

Kent, and having incautiously suffered himself to be surprised by the

country-people, was burnt to death in a house where he had taken refuge

with a few comrades. Seven years later the men of Kent made compensation

to Ini for Múl’s death. The sum given is very variously stated. William

of Malmesbury says it was thirty thousand mancuses[515]; which,

calculated at eight mancuses to the pound, would be three thousand,

seven hundred and fifty pounds, and this is the sum mentioned by

Florence of Worcester[516]. Æðelweard, the oldest Latin chronicler, but

still removed four centuries from the time, makes it amount to thirty

thousand solidi or shillings, each of which is to be calculated at

sixteen pence[517]. Some manuscripts of the Saxon Chronicle read thirty

thousand pounds[518], “þrittig þusend punda,”—others, thirty pounds,

“þrittig punda.” Now however contradictory all these statements may at

first sight appear (and there can be no doubt that some of them are

ridiculously exaggerated), it is not impossible to reconcile and explain

them. Every one of the authorities I have cited, except Florence, who

has evidently calculated his sum upon what he believed to be the value

of the mancus, reads thirty thousand of some coin or other. One will

have them pounds, another shillings, another mancuses, etc. Now they are

all wrong in their denomination, and all equally right in their number;

and for this very obvious reason,—the originals from which they derived

their information did mention the number, and did not mention the

denomination. Each author put the question to himself, “Thirty thousand

_what_?” and answered it by supplying the supposed omission with the

coin most familiar to himself. But there cannot be the least doubt that

the Saxon original read þrittig þusenda, thirty thousand, and nothing

else; and this is not only actually the reading of some MSS. of the

Chronicle, but most likely the cause of the error which lies in the

other copies, incautious transcribers having been misled by the

resemblance between the Saxon þ and _p_ and mistaken the contraction

þrittig þūnda for þrittig punda, thirty pounds. It is the custom of the

Anglosaxon tongue, in describing measures of land or sums of money, to

use the numerals only, leaving the commonest units to be supplied by the

reader. Thus if land were intended, thirty thousand would denote that

number of _hides_; and where money is intended, at least in Kent, thirty

thousand _scæts_[519]. This then I believe to have been the sum paid to

Ini, and the regular personal wergyld of a Kentish king. Let us now

apply this sum to elucidate the value of the other Kentish wergylds.

From a comparison of the compensation appointed for injuries done to the

nails of the fingers and toes, Mr. Thorpe, the late Mr. Allen, and I

concluded that the value of a Kentish shilling was twenty scæts. But

thirty thousand scæts would be fifteen hundred such shillings, and

assuming this to be the royal wergyld, we shall find the eorl’s to be

360, the ceorl’s 180 shillings, which amounts are exactly thirty times

the value of the several mundbyrds[520]. In the first volume of Mr.

Thorpe’s Anglosaxon Laws, at p. 186, there is a document which professes

to give the values of different classes in Northumberland. Its date is

uncertain, though it appears to have been generally assigned to the

commencement of the tenth century. I confess that I can hardly reconcile

myself to so early a date, and think it altogether a suspicious

authority. It tells us as follows:

“1. The Northpeople’s royal gyld is thirty thousand _thrymsas_; fifteen

thousand thrymsas are for the wergyld, and fifteen thousand for the

royal dignity. The _wer_ belongs to the kindred; the _cynebót_ to the

people.

“2. An archbishop’s and an æðeling’s wergyld is fifteen thousand

thrymsas.

“3. A bishop’s and an ealdorman’s, eight thousand thrymsas.

“4. A hold’s and a king’s high reeve’s, four thousand thrymsas,

“5. A mass thane’s and a secular thane’s, two thousand thrymsas.

“6. A ceorl’s wergyld is two hundred and sixty-six thrymsas, that is two

hundred shillings by Mercian law.

“7. And if a Welshman thrive so well that he have a hide of land, and

can bring forth the king’s tax, then is his wergyld one hundred and

twenty shillings; and if he thrive not save to half a hide, then let his

wer be eighty shillings.

“8. And if he have not any land, but yet is free, let him be paid for

with seventy shillings.

“9. And if a ceorlish man thrive so well that he have five hides of land

for the king’s _útware_, and any one slay him, let him be paid for with

two thousand thrymsas.

“10. And though he thrive so that he have a helm and coat-of-mail, and a

sword ornamented with gold, if he have not that land, he is

notwithstanding a ceorl.

“11. And if his son and his son’s son so thrive that they have so much

land after him, the offspring shall be of gesíðcund [noble] race at two

thousand.

“12. And if they have not that, nor to that amount can thrive, let them

be paid for as ceorlish.”

-----

Footnote 513:

The royal messengers were often of the highest rank. The heroic

character of the weapon-smith or armourer appears throughout the

traditions of the North, and indeed in the epic poetry of all nations.

Footnote 514:

In the year 679 a battle was fought between Ecgfrið of Northumberland

and Æðilræd of Mercia. “Anno regis Ecgfridi nono, conserto gravi

praelio inter ipsum et Aedilredum regem Merciorum, iuxta fluvium

Treanta, occisus est Aelfuini, frater regis Ecgfridi, iuvenis circiter

decem et octo annorum, utrique provinciae multum amabilis. Nam et

sororem eius quae dicebatur Osðryd, rex Aedilred habebat uxorem.

Cumque materies belli acrioris et inimicitiae longioris inter reges

populosque feroces videretur exorta, Theodorus, deo dilectus antistes,

divino functus auxilio, salutifera exhortatione coeptum tanti periculi

funditus exstinguit incendium: adeo ut pacatis alterutrum regibus ac

populis, _nullius anima hominis pro interfecto regis fratre, sed

debita solummodo multa pecuniae regi ultori daretur_. Cuius foedera

pacis multo exinde tempore inter eosdem reges eorumque regna durarunt.

In praefato autem praelio, quo occisus est _Rex_ Aelfuini,” etc. Beda,

H. Eccl. iv. 21, 22.

Footnote 515:

Will. Malm. Gest. Reg. lib. i.

Footnote 516:

Flor. Wigorn. an. 694.

Footnote 517:

Æðelw. Chron. ii. cap. 10.

Footnote 518:

Chron. Saxon, an. 694.

Footnote 519:

Conf. Leg. Hloðh. § 13. Æðelr. § 7. Ælfred’s Beda, iii. 5. So, án

fíftig, _one fifty_, means fifty _psalms_ to be sung or said. Æðelst.

iv. § 3. v. 8. § 6. No one mistakes the meaning of _five hundred, five

thousand a year_.

Footnote 520:

1500 Kentish shillings, which are equivalent to rather more than 7800

Saxon shillings, were a sufficient sum, at a period when an ewe with

her lamb was worth only one Saxon shilling. Leg. Ini, § 55.

-----

Another, and perhaps more trustworthy document, printed at p. 190 of the

same volume, gives us the following values as current in Mercia.

“A ceorl’s wergyld is by Mercian law, two hundred shillings. A thane’s

wergyld is six times as much, that is, twelve hundred shillings. Then is

a king’s simple wergyld, six thanes’ wer by Mercian law, that is thirty

thousand sceats and that is altogether one hundred and twenty pounds. So

much is the wergyld in the folkright by Mercian law. And for the royal

dignity such another sum is due, as compensation for cynegyld. The _wer_

belongs to the kindred, the cynebót to the people.”

A passage already cited in this chapter gives the wergylds of the

freeman and noble in Wessex as respectively two hundred and twelve

hundred scillingas, whence those classes are called twýhynde and

twelfhynde: these denominations correspond to the old and usual ceorl

and eorl; and as the original expression for all classes of society was,

_be it churl, be it earl_, Cnut could use as perfectly equivalent, _be

it twýhynde, be it twelfhynde_[521]. But in Wessex a third class is

mentioned, whose wergyld was half that of the twelfhynde, and three

times that of the ceorl: they are called sixhynde, men of six hundred.

It is difficult to say whether they are the original nobles, three times

as valuable as the freeman, and whether the twelfhynde are an exclusive

class of magnates, raised above them during the progressive development

of the royal power; or whether, on the contrary, the twelfhynde and

twýhynde are the original divisions, and the sixhynde a middle class of

ministerials, which sprang up when ceorls had entered the service of the

crown, and thus became raised above their fellow freemen. I incline to

the latter opinion, partly from the apparent absence of this sixhynde

class in Mercia, partly from the apposition noticed above, and the

omission of the sixhynde altogether from the passage in Eádweard’s law,

which regulates the payments for the other two classes. There is no

statement of a royal wergyld in Wessex, but from what has been said of

the composition made for Múl, it may be inferred that it was thirty

thousand sceattas or 120 pounds, like that of Mercia. The total

inconsistency of these several values will be apparent if we arrange

them tabularly:

┌───────────────┬────────────┬──────────┬──────────┬──────────

│ │ Northumb.│ Mercia.│ Wessex.│ Kent.

├───────────────┼────────────┼──────────┼──────────┼──────────

│ │ þrymsas.│ Scil.│ Scil.│ Scil.

│King │ 15000│ 7200│ 7200│ 1500

│ │ +15000│ +7200│ +7200│ +1500

│Archbishop │ 15000│ │ │

│Æðeling │ 15000│ │ │

│Bishop │ 8000│ 1200│ 1200│ 360

│Ealdorman │ 8000│ 1200│ 1200│ 360

│Hold │ 4000│ │ 600│

│Heáhgeréfa │ 4000│ │ 600│

│Priest │ 2000│ │ 600│

│Þegen │ 2000│ │ 600│

│Freeman │ 266│ 200│ 200│ 180

└───────────────┴────────────┴──────────┴──────────┴──────────

If these data be accurate, we must conclude that the ratio of the king

and noble to the ceorl in the different states varied as follows:

North. king: ceorl::113:1 nearly.

Merc. king: ceorl:: 72:1.

Wessex king: ceorl:: 72:1.

Kent king: ceorl:: 172⁄9:1.

North. noble, 1st class:ceorl::56 :1 nearly.

2nd class:ceorl::30½:1 nearly.

3rd class:ceorl::15¼:1 nearly.

4th class:ceorl:: 7½:1 nearly.

Merc. noble : ceorl::6 : 1.

Wessex noble, 1st class: ceorl::6:1.

2nd class: ceorl::3:1.

Kent noble : ceorl::2:1.

-----

Footnote 521:

“Swá eác we settað be eallum hádum ge ceorle ge eorle.” Ælf. § 4.

“Cnut cing grét ... ealle míne þegnast welfhynde and twýhynde

freóndlíce.” Cod. Dipl. No. 731.

-----

Now this variety, which is totally irrespective of the real value of the

þryms and the shilling, seems to involve this part of the subject in

impenetrable darkness. All that we can permit ourselves to guess is,

that circumstances had in process of time altered the original relations

between the classes, but in different ratios in the different kingdoms.

This however is not all the difficulty: we have to contend with the

complication arising from the fact, that the scilling, the currency in

which all the southern calculations are nominally made, really differed

in value in the several states: and thus when we attempt to compare one

freeman with another, we find their respective prices to be in Mercia

833⅓ sceats, in Kent 3600.

However the details were arranged, the principle itself is clear enough,

and we must now be content to remain in ignorance of the means adopted

to reconcile conflicting interests measured by a standard so imperfect.

But the wergyld or price of the whole man was not all that the law

professed to regulate. When once the principle had been admitted, that

this might be fixed at a certain sum, it was an easy corollary not only

that the sum in question should limit the amount of responsibility to

the State[522] but that a tariff for all injuries should be settled. In

the laws of Æðelberht and Ælfred we find very detailed assessments of

the damage which could be done to a man by injuries, either of his

person, his property, or his honour: many of these are amusing and

strange enough, and highly indicative of the rude state of society for

which they were adapted. But it seems unnecessary to pursue the details

they deal with: they may serve to turn a period about Teutonic

barbarism, or to point a moral about human fallibility; but the

circumstances under which they were rational and convenient arrangements

have passed away, and they are now of little interest as historical

records, and of none with a view to future utility.

-----

Footnote 522:

Capital punishments are necessarily rare in early periods. Tacitus

limits those of the Germans to cases of high-treason or effeminacy,

two crimes which strike at the root of all society. Hence the highest

punishment is payment of the wergyld: a capital thief is wergyld-þeóf.

If he cannot or will not pay, he is outlawed, that is excluded from

the benefits of the mutual guarantee among free men: he may be slain

as a common enemy, _iure belli_, or reduced to slavery, which is the

more usual result.

-----

The Saxons in England, Volume 1 (of 2) A history of the English commonwealth till the period of the Norman conquest · 第 10 / 14 章