Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
The system of payments for homicide amongst the ancient tribes of Ireland
as described in the Brehon Laws differed widely from that of the Cymric
Codes.[62]
In the first place, the Brehon laws describe no scale of galanas or
wergeld, directly varying with the social rank of the person killed.
Gradations of rank there were indeed, and numerous enough. But there
appears to have been only one _coirp-dire_, or body-fine, the same for
all ranks, namely seven cumhals or female slaves--the equivalent of
twenty-one cows.
[Sidenote: The Brehon _coirp-dire_ of all tribesmen the same: six cumhals
and one added.]
And when this _coirp-dire_, or price of the body or life of a man, is
further examined, it is found to consist of two parts: (1) one cumhal of
compensation (aithgin); (2) the six cumhals of the _coirp-dire_ proper.
In the tract ‘Of every Crime’[63] it is stated:--
If the man who is dead has a son, he takes the cumhal of
compensation alone. If not alive, his father is to take it. If
not alive, his brother; if he be not alive, the nearest person
to him is to take it. And then the coirp-dire is divided:
3 cumhals to the son and the father;
1 cumhal to the brother;
1 cumhal to the son and father (_sic_);
1 to the geilfine from the lowest to the uppermost man;
--so making up the 6 cumhals of the coirp-dire.
And in the ‘Book of Aicill’ (p. 537) are these lines:
Three eric fines are counselled:
(1) There is paid full compensation;
(2) And fair honest coirp-dire;
(3) And honour-price is paid.
[Sidenote: The _eneclann_ or honour-price varied with rank. The ‘eric’
fine included both.]
Besides this coirp-dire, therefore, was the _eneclann_, honour-price or
price of the face, _i.e._ payment for insult. And this was the payment,
by no means confined to homicide, which varied according to rank.
These two things then--the coirp-dire of seven cumhals and the
honour-price--made up together (with, in some cases, exceptional
additions) the eric fine.
Next as to the persons liable for its payment.
In the Corus Bescna[64] the following statement is made relating to
homicide in cases where the homicide was one of _necessity_:--
The eric fine is to be paid by the slayer’s kindred (fine), as
they divide his property (cro). He (the slayer) shall pay a
cumhal of restitution (aithgin) and as much as a son or a father
of the six cumhals of the dire-fine.
As to crimes of _non-necessity_:--[65]
he himself is to be given up for it, with his cattle and his land.
[Sidenote: The kindred of ‘near hearths’ were liable for the whole eric.]
If he has not enough to pay the eric or is not to be caught, then
it is to be paid by his son until his cattle and his land be
spent on it (or failing him) by his father in the same manner.
Lastly, failing both the son and the father,
Public-domain text, read in full here on John Shaqi.
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