Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
History
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
A still clearer indication of this solidarity of the family or kindred
occurs in the Book of Aicill (p. 541) in regard to the right of the
several members, according to relationship, to share in composition for
a kinswoman abducted without their consent. If taken without her own
consent, honour-price was to be paid to herself, and also honour-price
was to be paid to her chiefs, and her relations, according to the nature
of their relationship to her. This presumably was for the breach of their
protection. Should death overtake her before she was restored, coirp-dire
and honour-price were to be paid to her family. In case of her consent
it was the same except that she could claim no honour-price for herself.
So far, then, we have felt our way to the following conclusions:--
[Sidenote: Summary of the rules as to eric.]
(1) That the eric for homicide in Ireland was shared by the family in
grades of relationship elaborately fixed, but which it is not necessary
to discuss further.
(2) In cases of innocent homicide the family, _i.e._ four nearest hearths
or grades of kindred, shared the eric with the slayer, _i.e._ the slayer
was only liable to pay a share of the eric.
(3) In cases of intentional homicide the goods of the murderer all had to
go first, and only the remainder was thrown upon his kindred. But (except
_inter se_) they were liable to the kindred of the slain for the whole of
what the slayer could not pay.
(4) The eric consisted of two parts--the coirp-dire and the honour-price.
The coirp-dire was seven cumhals, one of which was for restitution
(_aithgin_), the other six cumhals being the _coirp-dire_ proper.
(5) As in other laws, there were sometimes additional payments for breach
of protection or privilege &c.
II. THE HONOUR-PRICE (ENECLANN).
It is necessary next to direct special attention to the honour-price
(eneclann).
The question at once arises, _whose_ honour-price had to be paid?
In the first place, according to a passage in the Book of Aicill, it is
the honour-price of the _slayer_ that had to be paid, _i.e._ the higher
the rank of the slayer the greater the payment to the kindred of the
person slain.
[Sidenote: The honour-price of the slayer.]
The passage alluded to occurs almost at the beginning of the Book of
Aicill (p. 99). The heading, literally translated, is: ‘Fines are doubled
by anger (ferg).’ Then follows a long commentary, in which the point
seems to be limited to _secret_ murder, and the doubling seems to be the
result of the _concealment_. This is quite consistent with tribal feeling
as shown in other laws, concealment of the slain person on the part of
the murderer being considered a grave aggravation. The passage is as
follows:--
_Fines are doubled by anger (ferg)._
The double of _his own honour-price_ is due of each and every
person, whether native freeman, stranger, foreigner, daerman, or
looker-on, for the crime of _secret_ murder.[70]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account