As with the first Flemings, with our own Saxon forefathers, and probably
also with the ancestors of all nationalities of Teutonic origin, the
Wehrgeld, or, as Green calls it, 'the Blood-wite,' or compensation in
money for personal wrong, and mutual responsibility were the mainspring
and corner-stone of the judicial code which Philip's charter sanctioned.
Eye for eye, limb for limb, life for life, or for each its equivalent in
current coin, this is the rough-and-ready theory which runs through the
whole of this remarkable piece of legislation. But it was not only for
personal injury that punishment in kind or an allotted fine was exacted;
it was the penalty also attached to other offences. Thus the man who had
been convicted of breaking down a dyke was condemned to suffer the loss
of the hand with which he had broken it, and probably, by way of
compensation for the damage which he had thereby entailed, to forfeit
all his goods; and it was a penal offence in the Liberty of Bruges to
marry an infant without the consent of her heirs-at-law. 'Whosoever,'
runs this curious enactment, 'shall be convicted of wedding a girl who
has not yet arrived at years of discretion, without the consent of those
of her relations who are her heirs presumptive, shall be liable to
forfeit all his goods, and if such an one shall have carried his infant
bride out of the realm, her heirs may lawfully take possession of her
goods; but if the aforesaid girl, repenting, shall presently return
home, and be willing to quit her unlawful spouse, her property shall be
restored to her; but if, on the contrary, she will not leave him, then
shall she in no wise recover it.'
The life of each man had its allotted value, which varied according to
rank and station, and curiously enough, in days, when throughout Europe
the priesthood was held in high esteem, the clerk's life was valued at
only one half the price of the life of the Karl. Just as the Salic law
fixes the composition for the murder of a Roman proprietor at the half
of that payable for the murder of a Frank, so the law of the Liberty of
Bruges valued the life of a clerk, who was considered as a Roman, at
only half of the value of the life of a Karl.
As to the fines imposed, the _Keurbrief_ ordained that they should be
levied in the first place on the property of the offending party, and if
this were too inconsiderable to realise the required sum, that his
fellow guildsmen should make up the deficiency.
Bearing all this in mind, Hacket's demand that the limbs and lives of
Charles's murderers should be spared becomes intelligible. It simply
meant that the usual fine should be imposed in lieu of the death
penalty, which, under the circumstances, was not unreasonable.
Public-domain text, read in full here on John Shaqi.
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