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
it is to be paid by each nearest hearth (teallach) to him until
all they have is spent, or full payment of the crime is made up
among them.
So that, in the absence or in default of the murderer, at the date of
this Brehon tract, his family and kindred were answerable for the whole
of the eric in the case of wilful murder.
[Sidenote: The ‘hearths’ liable apparently to third cousins.]
The nearest hearths or ‘fine who bear the crimes of each kinsman of their
stock’ were, according to the Senchus Mor (i. p. 261):--
1. _Geil_ fine;
2. _Derb_ fine;
3. _Iar_ fine;
4. _Ind_ fine.
I think M. D’Arbois de Jubainville[66] is probably right in explaining
these four hearths or fines to be groups or grades of kindred. He divides
them thus:--
{ father;
The _geil_ fine { son;
{ grandson;
{ brother.
{ grandfather;
_derb_ fine { paternal uncle;
{ nephew;
{ first cousin.
{ great-grandfather;
_iar_ fine { great-uncle;
{ great-nephew;
{ second cousin.
{ great-great-grandfather;
_ind_ fine { great-great-uncle;
{ great-great-nephew;
{ third cousin.
Whether this interpretation of the Brehon scheme of the divisions of the
Irish fine or kindred be correct in every detail I shall not venture to
give an opinion, further than to say that, viewed in the light of other
tribal systems, it seems to me to be nearer the mark than the various
other attempts to make intelligible what after all are very obscure
passages in the Brehon Laws. The seventeen persons making up the four
divisions of the fine or kindred must be taken, I think, as representing
_classes_ of relations and not individuals; _e.g._ under the head ‘first
cousin’ must be included all ‘first cousins,’ and so on throughout.
So understood, the four hearths or groups of kindred liable for the eric
would include the sixteen grades nearest of kin to the criminal. He
himself, or the chieftain, would form the seventeenth person on the list.
The tract ‘Of every Crime’ seems to confirm the view above taken. It
states (iv. 241) that ‘for the crimes of every criminal’ he himself was
first liable.
If he has absconded it goes upon his chattels; living chattels or
dead chattels.
[Sidenote: The four ‘fines’ or ‘hearths’ were groups of kinsmen in grades
of relationship.]
Public-domain text, read in full here on John Shaqi.
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