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 amount of _wergild_ was elaborately proportioned to the station in
society of the injured party--twice as high for the nobleman as for the
squire, three times as high for the squire as for the yeoman (if one
may be permitted to use as a very rough approximation the terms current
in modern society); but it is important to remember that obligation
in this system of law went hand in hand with privilege. If the _wer_
for an injured thegn was high, it was on the level of that wer that
he would have to atone to the king for offences committed by him
against the law of the land.[104] The _wergild_ tariff, however, though
frequently referred to, is not regularly set forth in the laws either
of Ethelbert or of Ine, an omission common to it with many of the other
Teutonic codes, especially that of the Lombards. Probably the amount
of _wer_ payable in each case was so well known through long usage
that the legislator deemed it needless to set it forth anew, but it is
possible also that there was a variable element left, in some cases, to
be the subject of bargaining between the two kins of the injurer and
the injured. Some broad lines of demarcation, however, may be clearly
traced. We know that the ceorl was called a _twy-hynd_ man, because
the ordinary compensation for his violent death was 200 shillings. A
Welshman, however, who owned that single hide of land which seems to
have been the normal property of the well-to-do ceorl, was entitled to
a _wergild_ of only 120 shillings, but if he so prospered as to become
the owner of five hides of English soil then his wergild rose to the
proportionate amount of _600_ shillings.
The class next above the ceorl, the class corresponding with the gentry
of modern times, the large land-holders who do not happen to hold any
official position at the king’s court, were in the ninth century spoken
of as _thegns_; and that word may, for convenience, be used here,
though it is perhaps doubtful whether it was yet used as the simple
designation of a class. In the word thegn the thought of soldiership
and of service to the king seem almost inseparably blended. In the
poem of Beowulf thegns seems to be equivalent to warriors.; while in
the charters of Anglo-Saxon kings the Latin equivalent of thegn is
almost invariably _minister_. In the laws of Ine these men seem to be
generally spoken of as _gesithcund_, men who by birth were entitled to
be comrades and attendants of the king; and it is almost certain that
they are identical with the _twelf-hyndemen_, their wergild being fixed
at 1,200 shillings. Higher than this these laws do not enable us to go,
but the tenor of later legislation supports the conjecture that the
_wergild_ for an ealdorman or for a bishop was 4,800 shillings, for an
archbishop or etheling (member of the royal house), 9,000 shillings,
and for the king himself, 18,000 shillings.[105]
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