Celtic Scotland : $b A history of ancient Alban. Volume 3 (of 3), Land and peopleSkene, W. F. (William Forbes)
History
Celtic Scotland : $b A history of ancient Alban. Volume 3 (of 3), Land and people
Skene, W. F. (William Forbes)
Celts -- Scotland; Civilization, Celtic; Scotland -- Antiquities, Celtic; Scotland -- History -- To 1603
Another feature of the ancient tribal system in Ireland, presented to us
in the Brehon Laws, must not be overlooked, and that is the system of
fines, in which respect it closely resembled not only similar
regulations in the Welsh Laws but likewise in those of the Anglo-Saxons.
In that early state of society the idea that the slaughter or injury of
any of its members was a crime against the State, which required the
punishment of the criminal in vindication of the law of the land, was
entirely unknown. The slaughter or injury of the member of the tribe was
considered as a loss to the tribe itself, which must be compensated for,
and when compensation was made and accepted the criminal was free.
Originally the compensation was probably simple retaliation, but
afterwards this right of retaliation might be bought off by payment of a
fine. That a tradition of this kind existed appears from a passage in
the Introduction to the Senchus Mor, in which we are told that
‘retaliation prevailed in Erin before Patrick, and Patrick brought
forgiveness with him. At this day we keep between forgiveness and
retaliation; for as at present no one has the power of bestowing heaven
as Patrick had at that day, so no one is put to death for his
intentional crimes, so long as Eric fine is obtained; and whenever Eric
fine is not obtained, he is put to death for his intentional crimes, and
placed on the sea for his unintentional crimes.’ Sir Henry Maine, in
commenting on this passage, justly remarks, that ‘it is impossible, of
course, to accept the statement that this wide-spread ancient
institution, the pecuniary fine levied on tribes or families for the
wrongs done by their members, had its origin in Christian influences;
but that it succeeded simple retaliation is in the highest degree
probable.’[174]
[Sidenote: The Honor price.]
The system of fines was based in the main upon a fixed value put upon
each person, estimated according to his position and rank, and expressed
by a standard of value in cattle. This was his _Enechlann_ or Honor
price, and it enters as an element into all the pecuniary relations of
the different members of the tribes with each other. This standard of
value was expressed in two forms. First by what was termed a _Set_ or
_Sed_, by which single animals of different value were meant. The next
was the _Ri Set_ or milch cow, which was equal to two _Samaiscs_ or
three-year-old heifers or mules, and each _Samaisc_ was equal to two
_Dairts_ or _Colpachs_, that is, two-year-old heifers or bulls, and the
rule was that of every three _Sets_ one must be of each kind.[175] The
other standard of value was the _Cumhal_, which originally meant a
female bondslave, and was equal in value to three milch cows.
Public-domain text, read in full here on John Shaqi.
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