The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
King Edmond, in the preamble to his laws, mentions the general misery
occasioned by the multiplicity of private feuds and battles; and he
establishes several expedients for remedying this grievance. He ordains
that if any one commit murder, he may, with the assistance of his
kindred, pay within a twelvemonth the fine of his crime; and if they
abandon him, he shall alone sustain the deadly feud or quarrel with the
kindred of the murdered person: his own kindred are free from the feud,
but on condition that they neither converse with the criminal, nor
supply him with meat or other necessaries: if any of them, after
renouncing him, receive him into their house, or give him assistance,
they are finable to the king, and are involved in the feud. If the
kindred of the murdered person take revenge on any but the criminal
himself, after he is abandoned by his kindred, all their property is
forfeited, and they are declared to be enemies to the king and all his
friends.[*] It is also ordained that the fine for murder shall never be
remitted by the king,[**] and that no criminal shall be killed who flies
to the church, or any of the king’s towns;[***] and the king himself
declares, that his house shall give no protection to murderers, till
they have satisfied the church by their penance, and the kindred of
the deceased by making compensation.[****] The method appointed for
transacting this composition is found in the same law.[*****]
These attempts of Edmond, to contract and diminish the feuds, were
contrary to the ancient spirit of the northern barbarians, and were a
step towards a more regular administration of justice. By the salic law,
any man-night, by a public declaration, exempt himself from his family
quarrels: but then he was considered by the law as no longer belonging
to the family; and he was deprived of all right of succession, as the
punishment of his cowardice.[******]
The price of the king’s head, or his weregild, as it was then called,
was by law thirty thousand thrimsas, near thirteen hundred pounds of
present money. The price of the prince’s head was fifteen thousand
thrimsas; that of a bishop’s or alderman’s, eight thousand; a sheriff’s,
four thousand; a thane’s or clergyman’s, two thousand; a ceorle’s,
two hundred and sixty-six. These prices were fixed by the laws of the
Angles. By the Mercian law, the price of a ceorle’s head was two hundred
shillings; that of a thane’s, six times as much; that of a king’s, six
times more.[*******] By the laws of Kent, the price of the archbishop’s
head was higher than that of the king’s.[********] Such respect was then
paid to the ecclesiastics! It must be understood, that where a
person was unable or unwilling to pay the fine, he was put out of the
protection of law, and the kindred of the deceased had liberty to punish
him as they thought proper.
Some antiquaries [*********] have thought that these compensations were
only given for manslaughter, not for wilful murder.