Punishments by stripes, by imprisonment, or by cruel or degrading
methods, there are none. The person of a freeman is sacred, 'Vincire et
verberare nefas,' as Tacitus said of these Germans 600 years before.
The offences absolutely punishable by death seem to be, treason against
the king's life; cowardice in battle; concealment of robbers; mutinies
and attempts to escape out of the realm; and therefore (under the then
military organization) to escape from the duty of every freeman, to bear
arms in defence of the land.
More than a hundred of these laws define the different fines, or
'weregelds,' by which each offence is to be compounded for, from 900
solidi aurei, gold pieces, for a murder, downwards to the smallest breach
of the peace. Each limb has its special price. For the loss of an eye,
half the price of the whole man is to be paid. A front tooth is worth
16s., solidi aurei; their loss being a disfigurement; but a back tooth is
worth only 8s. A slave's tooth, on the other hand, is worth but 4s.; and
in every case, the weregeld of a slave is much less than that of a
freeman.
The sacredness of the household, and the strong sense of the individual
rights of property, are to be remarked. One found in a 'court,'
courtledge (or homestead), by night (as we say in old English), may be
killed. You know, I dare say, that in many Teutonic and Scandinavian
nations the principle that a man's house is his castle was so strongly
held that men were not allowed to enter a condemned man's house to carry
him off to execution; but if he would not come out, could only burn the
house over his head. Shooting, or throwing a lance into any man's
homestead, costs 20s. 'Oberos,' or 'curtis ruptura,' that is, making
violent entry into a man's homestead, costs 20s. also. Nay, merely to
fetch your own goods out of another man's house secretly, and without
asking leave, was likewise punished as oberos.
So of personal honour. 'Schelte' or insult, for instance, to call a man
arga, i.e. a lazy loon, is a serious offence. If the defendant will
confess that he said it in a passion, and will take oath that he never
knew the plaintiff to be arga, he must still pay 12_s._; but if he will
stand to his word, then he must fight it out by duel, sub uno scuto.
The person, for the same reason, was sacred. If a man had lain in wait
for a freeman, 'cum virtute et solatio,' with valour and comfort, i.e.
with armed men to back him, and had found him standing or walking simply,
and had shamefully held him, or 'battiderit,' committed assault and
battery on him, he must pay half the man's weregeld; the 'turpiter et
ridiculum' being considered for a freeman as half as bad as death. Here
you find in private life, as well as in public, the vincire et verberare
nefas.
Public-domain text, read in full here on John Shaqi.
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