The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
The wergyld then, or life-price, was the basis upon which all peaceful
settlement of feud was established. A sum paid either in kind or in
money, where money existed, was placed upon the life of every free man,
according to his rank in the state, his birth or his office. A
corresponding sum was settled for every wound that could be inflicted
upon his person; for nearly every injury that could be done to his civil
rights, his honour or his domestic peace; and further fines were
appointed according to the peculiar, adventitious circumstances that
might appear to aggravate or extenuate the offence. From the operation
of this principle no one was exempt, and the king as well as the peasant
was protected by a wergyld, payable to his kinsmen and his people. The
difference of the wergyld is the principal distinction between different
classes; it defined the value of each man’s oath, his mund or
protection, and the amount of his fines or his exactions: and, as we
have already seen[511], it regulated the equivalent for his value. And
as it is obvious that the simple wergyld of the free man is the original
unit in the computation, we have a strong argument, were any needed,
that that class formed the real basis and original foundation of all
Teutonic society.
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Footnote 511:
See above, p. 275.
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Although this principle was common to all the Germanic tribes, very
great variety exists in the amounts severally adopted to represent the
value of different ranks,—a variety easily understood when we reflect
upon the relative condition of those tribes at the period when this
portion of their law was first settled. A slight account of them will be
useful, as an introduction to the consideration of our Anglosaxon
values. It will be seen throughout that various circumstances have
tended to introduce changes into the early and simple order[512].
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Footnote 512:
The following numbers are taken from Grimm, Rechtsalt. p. 272.
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Salian Franks.—Ingenuus, 200 sol.: litus, 100 sol.: ingenuus in hoste
600: litus in hoste, 300 sol.: ingenuus in truste 1800: litus in truste,
900 sol.
Thus if engaged in actual warfare, the value of the freeman and the
emancipated serf was tripled; and if in the _trust_ or immediate service
of the king, their respective values were multiplied nine times. It is
probable that the Ripuarian Franks adopted the same numbers.
Angli et Werini.—Liber 200 sol.: adaling (noble) 600: libertus
(freedman) 80 sol.
Law of the Saxons.—Probably, the freeman 240 shillings: noble 1440:
freedman 120 shillings.
Law of the Bavarians.—The duke 960 shillings: the ducal family of the
Agilolfings, 640: the other five noble races, 320 shillings: the simple
free man 160 shillings.
Law of the Alamanni.—Primus (the first rank of the nobles) 240
shillings: medianus (the second rank of nobles) 200: minofledus (the
free man) 160.
Law of the Burgundians.—Noble 300 shillings: lower noble (mediocris)
200: freeman (minor) 150.
Public-domain text, read in full here on John Shaqi.
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