The history of England, from the earliest times to the Norman ConquestHodgkin, Thomas
History
The history of England, from the earliest times to the Norman Conquest
Hodgkin, Thomas
Great Britain -- History -- To 1066
The essential principle of the _wergild_ was compensation in money
to the kindred of a murdered man, in order to induce them to abstain
from righting or avenging themselves by force. Far back in the dimmest
ages of the Teutonic foreworld the historical student discerns a
period when all wrongs were avenged by the stroke of the broad-sword.
The right, and more than the right, the sacred duty, of vengeance was
handed on from father to son, and the circle widened from kinsman to
kinsman, till the terrible blood-feud was like to destroy a tribe or
even a nation. Then at some period far back in the ages, the idea was
conceived of exorcising the spirit of revenge by the wand of pecuniary
compensation. Let the relatives of a murdered man receive a _wer_, a
payment in money, proportioned to his rank and position in the tribe,
and, the family honour being thus satisfied, let them forego the right
to revenge. If the injury were something less than death--if it were
maiming, mutilation, the abduction of a wife, unprovoked words of
insult--a proportionate payment in the nature of _wer_ was made to the
sufferer himself. The _wer_ was purposely fixed high according to the
value of money in those days, and if the offender were unable to pay
it, he and sometimes his family with him became the bondslaves of the
injured party. There was thus an element of prevention as well as of
compensation in the punishment inflicted. But in all this we do not
find any thought of punishment inflicted by the state to avenge the
injured majesty of the law; nothing of that feeling which now makes the
murder of the most degraded outcast a matter which must be inquired
into with the utmost diligence by the police and punished by the hands
of the executioner. This thought was indeed in some degree expressed by
the _wite_ or fine for murder, breach of the peace and so on, which was
paid to the king or to one of his officers, but this fine was generally
less in amount and always less in importance than the venerable wergild
payable to the kindred.
Public-domain text, read in full here on John Shaqi.
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