It is clear, then, that in the time of King David the system of wergelds payable to the kindred of the person slain was generally in force, though no amount is mentioned, and that payments were made at this date mostly in cows.
Assize of King William.
In the ‘Assize of King William’ under date A.D. 1180 is the following mention of the wergeld to be paid evidently for a thief who has been allowed to escape as above.
XIV. Of the law which is called weregylt.
Of every thief through all Scotland whether that he be bondman or freeman the wergeld is XXXIV ky and a half.
The following clause is further evidence of the continued right of vengeance on the part of the kin of a person slain.
XV. Of a man slain in the King’s vengeance.
If any one for theft or rapin dies by law of iron or water, and of him right be done, or if he were slain with theft found with him and afterwards if his kin in vengeance of him slew him that brought him to the law, the King shall have as fully right of such men slayers for the death of him, as of his peace fully broken, without concord or relaxation; unless it be through the counsel or the assent of his kin.
And if it happen by chance that the King grant peace to the adverse party unknown to the kin of him that was slain, nevertheless the kin of him shall take vengeance of them that slew their kin.
Laws of Alexander II.