The law of Eádweard the elder (about A.D. 900 to 915), regulates the mode of proceeding when both parties are willing to forego the feud, upon the established principles of compensation. He says[[509]]: “The wergyld of a twelfhynde man is twelve hundred shillings. The wergyld of a twýhynde man is two hundred shillings. If any one be slain, let him be paid for according to his birth. And it is the law, that, after the slayer has given pledge for the wergyld, he should find in addition a werborh, according to the circumstances of the case; that is, for the wergyld of a twelfhynde man, the werborh must consist of twelve men, eight by the father’s, four by the mother’s side. When that is done, let the king’s protection be set up; that is, all, of either kindred, laying their hands together upon one weapon, shall pledge themselves to the mediator, that the king’s protection shall stand. In twenty-one days from that day let one hundred and twenty shillings be paid as healsfang, at a twelfhynde man’s wergyld. The healsfang belongs to the children, brothers and paternal uncles: that money belongs to no kinsman except such as are within the degrees of blood. Twenty-one days after the healsfang is paid, let the manbót be paid; twenty-one days later, the fight-fine; in twenty-one days from this, the frumgyld or first instalment of the wergyld; and so forth until the whole sum be discharged at such fixed time as the Witan have agreed. After this they may depart with love, if they desire to have full friendship. And with respect to the wergyld of a ceorl, all that belongs in his condition shall be done in like manner as we have said respecting the twelfhynde man.”
The law of Eádmund contains similar provisions[[510]]. “The Witan shall appease feud. First, according to folkright, the slayer shall give pledge to his advocate, and the advocate to the kindred of the slain, that the slayer will make compensation to the kin. Then it is necessary that security be given to the slayer’s advocate, that the slayer may draw nigh in peace, and himself give pledge for the wergyld. When he has given his wed for this, let him further find a werborh, or security for the payment of the wer. When that is done let the king’s protection be set up: within twenty-one days from that, let the healsfang be paid; within other twenty-one days[days], the manbót; and twenty-one days from that, the first instalment of the wergyld.”
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.
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]].
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.