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Weregild (also spelled wergild, wergeld (in archaic/historical usage of English), weregeld, etc.), also known as man price (
blood money Blood money may refer to: * Blood money (restitution), money paid to the family of a murder victim Films * Blood Money (1917 film), ''Blood Money'' (1917 film), a film starring Harry Carey * Blood Money (1921 film), ''Blood Money'' (1921 film ...
), was a precept in some archaic legal codes whereby a monetary value was established for a person's life, to be paid as a fine or as
compensatory damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
to the person's family if that person was killed or injured by another.


Overview

A weregild was a defined value placed on every man graded according to rank, used as a basis of a fine or compensation for murder, disablement, injury (or certain other serious crimes) against that person. It was assessed from the guilty party, payable as restitution to the victim's family. The weregild was codified, for example, under Frankish Salic Code. Weregild payment was an important legal mechanism in early Germanic society; the other common form of legal reparation at this time was blood revenge. The payment was typically made to the
family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
or to the
clan A clan is a group of people united by actual or perceived kinship and descent. Even if lineage details are unknown, clans may claim descent from founding member or apical ancestor. Clans, in indigenous societies, tend to be endogamous, mea ...
. Similar to the way a payment was made to family, it was also a family or kin group responsibility to ensure the payment for the wrong committed, especially if the offender is unable to cover the cost of the offense himself. No distinction was made between
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
and
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
until these distinctions were instituted by the re-introduction of
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
in the 12th century. Payment of the weregild was gradually replaced with
capital punishment Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
due to
Christianization Christianization ( or Christianisation) is to make Christian; to imbue with Christian principles; to become Christian. It can apply to the conversion of an individual, a practice, a place or a whole society. It began in the Roman Empire, conti ...
, starting around the 9th century, and almost entirely by the 12th century when weregild began to cease as a practice throughout the
Holy Roman Empire The Holy Roman Empire was a political entity in Western, Central, and Southern Europe that developed during the Early Middle Ages and continued until its dissolution in 1806 during the Napoleonic Wars. From the accession of Otto I in 962 unt ...
. Weregild from '' Norðleoda Laga'':


Etymology and related concepts

The word ''weregild'' is composed of ''were'', meaning "man", and ''geld'', meaning "payment or fee", as in
Danegeld Danegeld (; "Danish tax", literally "Dane yield" or tribute) was a tax raised to pay tribute or protection money to the Viking raiders to save a land from being ravaged. It was called the ''geld'' or ''gafol'' in eleventh-century sources. It ...
. ''Geld'' or ''Jeld'' was the
Old English Old English (, ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the early Middle Ages. It was brought to Great Britain by Anglo-Saxon settlers in the mid-5th ...
and
Old Frisian Old Frisian was a West Germanic language spoken between the 8th and 16th centuries along the North Sea coast, roughly between the mouths of the Rhine and Weser rivers. The Frisian settlers on the coast of South Jutland (today's Northern Fries ...
word for "payment"; in numerous modern
Germanic languages The Germanic languages are a branch of the Indo-European language family spoken natively by a population of about 515 million people mainly in Europe, North America, Oceania and Southern Africa. The most widely spoken Germanic language, ...
such as Dutch, Frisian,
German German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
and
Afrikaans Afrikaans (, ) is a West Germanic language that evolved in the Dutch Cape Colony from the Dutch vernacular of Holland proper (i.e., the Hollandic dialect) used by Dutch, French, and German settlers and their enslaved people. Afrikaans gr ...
, it survives as the word for "money." The Danish word ''gæld'' and Norwegian ''gjeld'' both mean "debt". "-Gäld" is also a constituent of some Swedish words, having the same meaning: e.g. ''återgälda'' (retribute, return favour), ''gengäld'' (in return/exchange), ''vedergälda'' (revenge), and the formal/legal term ''gäldenär'' (geldeneer, referring to someone who is indebted). The word survives in English in the word "yield"; an equivalent reconstruction in Modern English of the term would therefore be ''*man-payment'' (according to meaning) or ''*wereyield'' (according to etymology). The same concept outside Germanic culture is known as
blood money Blood money may refer to: * Blood money (restitution), money paid to the family of a murder victim Films * Blood Money (1917 film), ''Blood Money'' (1917 film), a film starring Harry Carey * Blood Money (1921 film), ''Blood Money'' (1921 film ...
. Words include '' ericfine'' in
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, '' galanas'' in
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, ''veriraha'' in Finnish, ''vira'' ("''вира''") in
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
and '' główszczyzna'' in
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
. The comparable tradition of
diyya ''Diya'' ( ar, دية; plural ''diyāt'', ar, ديات) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ...
plays a role in the contemporary legal systems of Saudi Arabia, the United Arab Emirates, Iran and Pakistan.


Amount

The size of the weregild was largely conditional upon the
social rank A social class is a grouping of people into a set of hierarchical social categories, the most common being the upper, middle and lower classes. Membership in a social class can for example be dependent on education, wealth, occupation, inc ...
of the victim. There used to be something of a "basis" fee for a standard "free man" that could then be multiplied according to the social rank of the victim and the circumstances of the crime. The weregild for women relative to that of men of equal rank varied: among the
Saxons The Saxons ( la, Saxones, german: Sachsen, ang, Seaxan, osx, Sahson, nds, Sassen, nl, Saksen) were a group of Germanic * * * * peoples whose name was given in the early Middle Ages to a large country (Old Saxony, la, Saxonia) near the Nor ...
half that of men. In the
Migration period The Migration Period was a period in European history marked by large-scale migrations that saw the fall of the Western Roman Empire and subsequent settlement of its former territories by various tribes, and the establishment of the post-Roma ...
, the standard weregild for a freeman appears to have been 200
solidi The ''solidus'' (Latin 'solid';  ''solidi'') or nomisma ( grc-gre, νόμισμα, ''nómisma'',  'coin') was a highly pure gold coin issued in the Late Roman Empire and Byzantine Empire. Constantine introduced the coin, and its weigh ...
(
shilling The shilling is a historical coin, and the name of a unit of modern currencies formerly used in the United Kingdom, Australia, New Zealand, other British Commonwealth countries and Ireland, where they were generally equivalent to 12 pence ...
s), an amount reflected as the basic fee due for the death of a ''
churl A churl (Old High German ), in its earliest Old English (Anglo-Saxon) meaning, was simply "a man" or more particularly a "free man", but the word soon came to mean "a non-servile peasant", still spelled , and denoting the lowest rank of freemen. Ac ...
'' (or ''ceorl'') both in later Anglo-Saxon and continental law codes. In the 8th century, the '' Lex Alamannorum'' sets the weregild for a duke or archbishop at three times the basic value (600 shillings), while the killing of a low ranking cleric was fined with 300, raised to 400 if the cleric was attacked while he was reading mass. During the reign of
Charlemagne Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first E ...
, his '' missi dominici'' required three times the regular weregild should they be killed whilst on a mission from the king. In 9th century
Mercia la, Merciorum regnum , conventional_long_name=Kingdom of Mercia , common_name=Mercia , status=Kingdom , status_text=Independent kingdom (527–879)Client state of Wessex () , life_span=527–918 , era=Heptarchy , event_start= , date_start= , y ...
n law a regular freeman (
churl A churl (Old High German ), in its earliest Old English (Anglo-Saxon) meaning, was simply "a man" or more particularly a "free man", but the word soon came to mean "a non-servile peasant", still spelled , and denoting the lowest rank of freemen. Ac ...
) was worth 200 shillings (''twyhyndeman''), and a nobleman was worth 1,200 (''twelfhyndeman''), a division established enough that two centuries later a
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the re ...
of King Cnut's would simply refer to "all his people - the twelve-hundreders and the two-hundreders". The law code even mentions the weregild for a king, at 30,000 thrymsas, composed of 15,000 for the man, paid to the royal family, and 15,000 for the kingship, paid to the people. An archbishop or nobleman is likewise valued at 15,000 thrymsas. The weregild for a Welshman was 120
shilling The shilling is a historical coin, and the name of a unit of modern currencies formerly used in the United Kingdom, Australia, New Zealand, other British Commonwealth countries and Ireland, where they were generally equivalent to 12 pence ...
s if he owned at least one hide of land and was able to pay the king's tribute. If he has only 1 hide and cannot pay the tribute, his wergild was 80 shillings and then 70 if he was landless yet free.
Thrall A thrall ( non, þræll, is, þræll, fo, trælur, no, trell, træl, da, træl, sv, träl) was a slave or serf in Scandinavian lands during the Viking Age. The corresponding term in Old English was . The status of slave (, ) contrasts wi ...
s and
slaves Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
legally commanded no weregild, but it was commonplace to make a nominal payment in the case of a thrall and the value of the slave in such a case. Technically this amount cannot be called a weregild, because it was more akin to a reimbursement to the owner for lost or damaged property.


In literature

A classic example of a dispute over the weregild of a slave is contained in Iceland's '' Egil's Saga''. In the Völsungasaga or Saga of the Volsungs, the
Æsir The Æsir (Old Norse: ) are the gods of the principal pantheon in Norse religion. They include Odin, Frigg, Höðr, Thor, and Baldr. The second Norse pantheon is the Vanir. In Norse mythology, the two pantheons wage war against each other, ...
(
Odin Odin (; from non, Óðinn, ) is a widely revered god in Germanic paganism. Norse mythology, the source of most surviving information about him, associates him with wisdom, healing, death, royalty, the gallows, knowledge, war, battle, victory, ...
,
Loki Loki is a god in Norse mythology. According to some sources, Loki is the son of Fárbauti (a jötunn) and Laufey (mentioned as a goddess), and the brother of Helblindi and Býleistr. Loki is married to Sigyn and they have two sons, Narfi ...
and Hœnir) are asked to pay weregild for killing Otr, son of Hreidmar. Otr is a "great fisherman" and resembles an otter. He is 'eating a salmon and half dozing' on the river banks of Andvari's Falls when Loki kills him by throwing a stone at him. Later that evening, the Æsir visit Hreidmar's house where they are seized and imposed with a fine. Their fine consists of "filling the trskin with gold and covering the outside with red gold." Loki is sent to get the gold and he manages to trick the dwarf Andvari into giving him the gold as well as a curse ring: "The dwarf went into the rock and said that the gold ring would be the death of whoever owned it, and the same applied to all the gold." In the '' Story of Grettir the Strong'', chapter 27, "The Suit for the Slaying of Thorgils Makson", Thorgeir conveys to court Thorgils Arison's offer of weregild as atonement for killing Thorgils Makson.sacred-texts.com
The Story of Grettir the Strong: translation by Eiríkr Magnússon and Willam Morris (1869) In the epic poem ''
Beowulf ''Beowulf'' (; ang, Bēowulf ) is an Old English epic poem in the tradition of Germanic heroic legend consisting of 3,182 alliterative lines. It is one of the most important and most often translated works of Old English literature. ...
'', lines 156-158
Grendel Grendel is a character in the Anglo-Saxon epic poem '' Beowulf'' (700–1000). He is one of the poem's three antagonists (along with his mother and the dragon), all aligned in opposition against the protagonist Beowulf. Grendel is feared by ...
refuses to settle his killings with payment or recompense, and at lines 456-472, Hroðgar recalls the story of how
Ecgþeow Ecgþēow (pronounced ), Edgetho (Proto-Norse *''Agiþewaz''), or Ecgtheow is a character in the Anglo-Saxon epic ''Beowulf''. He is not mentioned outside the ''Bēowulf'' manuscript, and it is not known whether he was based on a real person. He ...
(Beowulf's father) once came to him for help, for he had slain Heaðolaf, a man from another tribe called the Wulfings, and either could not pay the wergild or they refused to accept it. Hroðgar had married
Wealhþeow Wealhtheow (also rendered Wealhþēow or Wealthow; ang, Ƿealhþēoƿ ) is a queen of the Danes in the Old English poem, '' Beowulf'', first introduced in line 612. Character overview Wealhtheow is of the Wulfing clan, Queen of the Danes. She i ...
, who probably belonged to the Wulfing tribe, and was able to use his
kinship In anthropology, kinship is the web of social relationships that form an important part of the lives of all humans in all societies, although its exact meanings even within this discipline are often debated. Anthropologist Robin Fox says that ...
ties to persuade the Wulfings to accept the wergild and end the feud. Hroðgar sees Beowulf's offer as a son's gratitude for what Hroðgar had done for Beowulf's father. In the novel ''
The Lord of the Rings ''The Lord of the Rings'' is an epic high-fantasy novel by English author and scholar J. R. R. Tolkien. Set in Middle-earth, intended to be Earth at some time in the distant past, the story began as a sequel to Tolkien's 1937 children's bo ...
'' by J. R. R. Tolkien, the journal of
Isildur Isildur is a fictional character in J. R. R. Tolkien's Middle-earth, the elder son of Elendil, descended from Elros, the founder of the island Kingdom of Númenor. He fled with his father when the island was drowned, becoming in his turn King of ...
reveals that he justified taking the
One Ring The One Ring, also called the Ruling Ring and Isildur's Bane, is a central plot element in J. R. R. Tolkien's ''The Lord of the Rings'' (1954–55). It first appeared in the earlier story ''The Hobbit'' (1937) as a magic ring that grants the ...
as a weregild for the deaths of his father ( Elendil) and brother (Anárion) in battle. Appendix A of '' The Return of the King'' also mentions a rich weregild of
gold Gold is a chemical element with the symbol Au (from la, aurum) and atomic number 79. This makes it one of the higher atomic number elements that occur naturally. It is a bright, slightly orange-yellow, dense, soft, malleable, and ductile ...
sent by Túrin II,
Steward Steward may refer to: Positions or roles * Steward (office), a representative of a monarch * Steward (Methodism), a leader in a congregation and/or district * Steward, a person responsible for supplies of food to a college, club, or other ins ...
of
Gondor Gondor is a fictional kingdom in J. R. R. Tolkien's writings, described as the greatest realm of Men in the west of Middle-earth at the end of the Third Age. The third volume of ''The Lord of the Rings'', ''The Return of the King'', is largely ...
, to King Folcwine of Rohan, after the death of his twin sons, Folcred and Fastred, in battle in
Ithilien Gondor is a fictional kingdom in J. R. R. Tolkien's writings, described as the greatest realm of Men in the west of Middle-earth at the end of the Third Age. The third volume of ''The Lord of the Rings'', ''The Return of the King'', is largely ...
. In Jim Butcher's
Dresden Files ''The Dresden Files'' is a series of contemporary fantasy/ mystery novels written by American author Jim Butcher. The first novel, '' Storm Front''—which was also Butcher's writing debut—was published in 2000 by Roc Books. The books are w ...
novel ''
Skin Game ''Skin Game'' is a 1971 American independent comedy western directed by Paul Bogart and Gordon Douglas, and starring James Garner and Lou Gossett. The supporting cast features Susan Clark, Edward Asner, Andrew Duggan, Parley Baer and R ...
'', Harry Dresden offers John Marcone a cashbox of diamonds as ''weregild'' for an employee murdered by Deirdre. Dresden says "That's for your dead employee's family. Take care of them with it. And leave my people out of it. It ends here." In Rick Riordan's novel ''
The Hammer of Thor ''The Hammer of Thor'' is an American young-adult fantasy novel based on Norse mythology written by Rick Riordan. It was published on October 4, 2016 as a hardcover, audiobook, and ebook, and is the second book in the ''Magnus Chase and the G ...
'', Hearthstone, an elf, must pay a wergild for his brother Andiron's death when they were children. Hearthstone, the older brother, was distracted and playing with rocks when a Brunnmigi emerged from a well and killed Andiron. Since Hearthstone was deaf, he didn't notice until it was too late. Hearthstone was forced by their father to skin the large beast by himself, which was turned into a rug and placed on the floor of his room. To pay his wergild, he had to cover every single hair with gold earned from his father, generally by doing chores. Every meal and any free time, among other things, cost Hearthstone earned gold. This task wasn't accomplished until years later, and his father, Alderman, was reluctant to consider the debt paid, but finally conceded that Hearthstone was released from the debt.


See also

* Anglo-Saxon law *
Beot A is Old English for a ritualized boast, vow, threat, or promise. Clark Hall, John R. ''A Concise Anglo-Saxon Dictionary''. Cambridge University Press, 1960, p. 42. The principle of a ''bēot'' is to proclaim one's acceptance of a seemingly impos ...
*
Blood feud A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one pa ...
* Blood law *
Blood libel Blood libel or ritual murder libel (also blood accusation) is an antisemitic canardTurvey, Brent E. ''Criminal Profiling: An Introduction to Behavioral Evidence Analysis'', Academic Press, 2008, p. 3. "Blood libel: An accusation of ritual mur ...
*
Blood money Blood money may refer to: * Blood money (restitution), money paid to the family of a murder victim Films * Blood Money (1917 film), ''Blood Money'' (1917 film), a film starring Harry Carey * Blood Money (1921 film), ''Blood Money'' (1921 film ...
*
Danegeld Danegeld (; "Danish tax", literally "Dane yield" or tribute) was a tax raised to pay tribute or protection money to the Viking raiders to save a land from being ravaged. It was called the ''geld'' or ''gafol'' in eleventh-century sources. It ...
*
Diyya ''Diya'' ( ar, دية; plural ''diyāt'', ar, ديات) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ...
*
Éraic Éraic (or ''eric'') was the Irish equivalent of the Welsh galanas and the Anglo-Saxon and Scandinavian weregild, a form of tribute paid in reparation for murder or other major crimes. The term survived into the sixteenth century as ', by then ...
*
Feud A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one par ...
* Galanas *
Germanic law Germanic law is a scholarly term used to described a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements ...
* Główszczyzna * Kanun * Leges inter Brettos et Scottos * Leibzoll * Lex Frisionum *
Religious minority A minority religion is a religion held by a minority of the population of a country, state, or region. Minority religions may be subject to stigma or discrimination. An example of a stigma is using the term cult with its extremely negative conn ...
* Sklavenkasse * Tallage *
Tribalism Tribalism is the state of being organized by, or advocating for, tribes or tribal lifestyles. Human evolution has primarily occurred in small hunter-gatherer groups, as opposed to in larger and more recently settled agricultural societies or civ ...
* Value of life *
Wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, ...


References


Sources

* Byock, Jesse L. (1990) ''Saga of the Volsungs''. University of California Press. . * Rabin, Andrew, ''The Political Writings of Archbishop Wulfstan of York'' (Manchester, 2015). {{Authority control Early Germanic law 6th century in law 11th century in law Slavery in England