12th century murder case

Dec 21, 2010 22:09

We'd probably say manslaughter today, as the culprits had actually beat up someone who died afterwards ( Read more... )

~law (misc), 1100-1199, uk: history: middle ages

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littlebus December 23 2010, 05:05:34 UTC
Weregild: The dead man was worth a monetary amount to his family. If the murderers pay this amount then the family has no right to pursue further justice.

Compurgation: If the accused can find a certain number of land-owing men to attest to his good character he can clear his name.

From "The History of England from the Earliest Times to the Norman Conquest", page 226 and onwards. http://books.google.com/books?id=wUkNAAAAIAAJ&pg=PA226&lpg=PA226&dq=wergild+norman&source=bl&ots=HEqSylMAHL&sig=BU3SVXfSOoPEwhGfT5BM49TBqJo&hl=en&ei=YdQSTfzfMoissAOc3ZzOAg&sa=X&oi=book_result&ct=result&resnum=1&ved=0CBMQ6AEwAA#v=onepage&q=wergild%20norman&f=false

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wiseheart December 23 2010, 17:25:05 UTC
Thanks for the link; it seems an interesting book, I'll see whether someone can get it from me. It's not easy to get the really cool stuff here in Hungary, where I live.

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littlebus December 23 2010, 18:57:16 UTC
You should be able to read it online, it looked like the entire book had been scanned and was available.

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wiseheart December 23 2010, 19:08:56 UTC
Such things are possible? *is amazed* Shows how much - or how little - I know about all this Internet business. Then I'm even more grateful and will hop over and take a look. Thank you!

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littlebus December 23 2010, 19:10:35 UTC
I've chosen to allow Cadfael suggesting that they would use the Welsh practice of the blood-price: the culprit will pay a certain sum for the victim's widow on a weekly basis, until her son reaches the age of 14 and will be able to take care of his mother (unless she remarries before that). I hope I won't get lynched for it by historically savvy people. :)England =/= Wales. They are very different countries that happen to share a border. Welsh ideas of law and justice are very different than English ideas of law and justice ( ... )

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seachild_elf December 23 2010, 20:45:49 UTC
Going by the Cadfael books, the laws ruling in Shrewsbury were definitely the English ones. When reading the Cadfael book Dead Man's Ransom, even in Shrewsbury there were occasional frictions with Welsh factions that even came over the border for looting. If that is the political situation according to the books, then it would seem very unlikely that Beringar would even consider following Welsh customs on English ground.

So I'm thinking there would have to be special circumstances in which Welsh customs would be followed in something as serious as murder cases. Like say, if the family of the murdered man was Welsh and would be willing to accept the blood-price and Beringar didn't think the proof good enough for hanging.

Also, yeay for Cadfael fic!

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wiseheart December 23 2010, 21:00:01 UTC
Actually, the murdered man's widow is Welsh, without any living relatives, with a recently-born child and in desperate need of money, which is why I thought this solution would be acceptable. I had Beringar decided that since the other people involved in the murder case were dead already (and the fourth one having the least guilt of all), the widow would profit more from a financial compensation than from a fourth death.

Glad you're delighted by the thought of Cadfael fic. There is clearly not enough of those out there.

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littlebus December 24 2010, 17:16:03 UTC
Yes, if the murdered man's family is Welsh a fine is more believable.

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