A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
13. =Weregild.=--In early days, long before the English had left their
lands beyond the sea, it was not considered to be the business of the
community to punish crime. If any one was murdered, it was the duty of
the kinsmen of the slain man to put to death the murderer. In course
of time men got tired of the continual slaughter produced by this
arrangement, and there sprang up a system according to which the
murderer might offer to the kinsmen a sum of money known as weregild,
or the value of a man, and if this money was accepted, then peace was
made and all thought of vengeance was at an end. At a later time, at
all events after the arrival of the English in this country, charges
of murder were brought before the hundred-moot whenever the alleged
murderer and his victim lived in the same hundred. If the accused
person did not dispute the fact the moot sentenced him to pay a
weregild, the amount of which differed in proportion to the rank of
the slain man, not in proportion to the heinousness of the offence. As
there was a weregild for murder, so there was also a graduated scale
of payments for lesser offences. One who struck off a hand or a foot
could buy off vengeance at a fixed rate.
14. =Compurgation and Ordeal.=--A new difficulty was introduced when a
person who was charged with crime denied his guilt. As there were no
trained lawyers and there was no knowledge of the principles of
evidence, the accused person was required to bring twelve men to be
his compurgators--that is to say, to hear him swear to his own
innocence, and then to swear in turn that his oath was true. If he
could not find men willing to be his compurgators he could appeal to
the judgment of the gods, which was known as the Ordeal. If he could
walk blindfold over red-hot ploughshares, or plunge his arm into
boiling water, and show at the end of a fixed number of days that he
had received no harm, it was thought that the gods bore witness to his
innocency and had as it were become his compurgators when men had
failed him. It is quite possible that all or most of those who tried
the ordeal failed, but as nobody would try the ordeal who could get
compurgators, those who did not succeed must have been regarded as
persons of bad character, so that no surprise would be expressed at
their failure.
15. =Punishments.=--When a man had failed in the ordeal there was a
choice of punishments. If his offence was a slight one, a fine was
deemed sufficient. If it was a very disgraceful one, such as secret
murder, he was put to death or was degraded to slavery, in most cases
he was declared to be a 'wolf's-head'--that is to say, he was outlawed
and driven into the woods, where, as the protection of the community
was withdrawn from him, anyone might kill him without fear of
punishment.
Public-domain text, read in full here on John Shaqi.
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