Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
The instinct of retaliation throbs in all men, and vengeance swift and
bloody would be sought for, which, where the kindred ties were close and
strong, might spread a feud through villages and clans, such that the
very children might be born devoted to the duty of a family revenge. The
Teutonic nations, like the free peoples they were, always assumed that
for a crime to have been committed, an individual must have suffered
injury.[9] And they conceived the aggrieved plaintiff as no cowed
weakling (or he would not have counted), but as a fighting freeman with
spear and shield, who would repay a wrong with interest, and whom, if
slain, his kinsmen would avenge.
Thus the placation[10] of the injured party was the objective of the
oldest laws. Allowance was made for human feelings[11] and impulses.
Some ancient codes[12] permitted him like for like; an eye for an eye,
and a tooth for a tooth, in the sense of so much, and no more.[13] But
the Teutonic laws offered him compensation,[14] and, when it was
possible, compelled him to accept it.[15] Thus crimes were met by
restitution, not by punishment.[16]
Every sort of injury which one freeman could do to another was first of
all atonable by bōt (a money compensation paid to the injured man or his
relations).[17] What this fine was depended firstly upon the nature and
extent of the damage done, and secondly upon the rank and importance of
the person injured.[18] For every man had his class and value; and every
form of aggression against a freeman, from a wound which killed him
outright to a blow which deprived him of a single tooth,[19] as well as
the theft of anything he possessed, had its appointed fine according to
his wer.[20]
The tariffs varied with the different tribes,[21] but the main
principle—of compensation—extends through all. In Mercia the wer-gild of
a king was fixed at 7200 shillings or 120 Mercian pounds of silver,[22]
to which great sum was added the cynebot of a similar amount which was
payable to his people.[23] The wer-gild of a thane (_i.e._ county
magnate) came to 1200 shillings, that of a ceorl (labourer) was 200
shillings.[24]
These murder-fines, however, were much heavier than they look;[25] those
of the kings,[26] numerous as they were, would in most cases have been
hopelessly unpayable by private people, and those of the thanes by
humble families. Even the wer-gild of the ceorl, or labourer, which was
200 scillings, or about four pounds, was not inconsiderable when we
remember that in Æthelstan’s time one scilling would buy a sheep, and
six scillings (or thirty pence)[27] an ox—the cost would be the price of
a small herd.[28]
So that frequently the man-fines[29] were never paid, and then we
perceive that the wise compensation system of the codes arose more out
of the fear of the vendetta than from humane principles;[30] if they
were not paid, vengeance would be let loose.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account