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
Further, without pressing too far resemblances which are not complete
between Irish and Cymric custom, it may at least be suggested that the
Irish example of the acceptance of stock by the young og-aire from the
chief of his family, or some higher chieftain whose man he was or became,
may throw some light upon the Cymric provision of _da_ or cattle to the
young tribesman who became ‘man and kin’ to the chieftain who gave it for
his maintenance. In the Irish instance, this bestowal and acceptance of
stock was part of a system which ran through all ranks and grades. And
it seems to have formed the natural link connecting one social rank with
another, and securing some kind of solidarity in the whole kindred or
tribe, in addition to the tie of blood relationship and sometimes as a
substitute for it.
We are now in a position to consider the amount of the honour-price of
the various grades in tribal society as exhibited in the Brehon tracts,
and to judge how far it was an important addition to the coirp-dire, and
whether it raised the Irish _eric_ to an amount at all near to that of
the _galanas_ of the Cymric Codes.
[Sidenote: The amount of the honour-price of each grade.]
In the ‘Crith Gabhlach’ the honour-price of each grade is given as
below:--
Midboth men a dairt heifer or colpach heifer
Og-aire 3 seds of cow kind
Bo-aire 5 seds or = 1 cumhal
_Aire desa_ 10 seds or = 2 cumhals
Aire ard 15 seds or = 3 cumhals
Aire tuisi 20 seds or = 4 cumhals
Aire forgaill 15 seds (_sic_; ? 30 seds) or = 6 cumhals.[75]
_Ri_-tuaith 7 cumhals
The honour-price is given in the ‘Crith Gabhlach’ in seds. The number
of cumhals or female slaves is taken from a list in the Book of Aicill
(p. 475) and from a statement in the Senchus Mor (i. p. 76) in which the
honour-price of the aire forgaill is stated to be 6 cumhals.
It seems, then, that the honour-price of the Ri-tuaith, the highest
chieftain, was seven cumhals, whilst the honour-price of the bo-aire only
amounted to one cumhal, that of the og-aire to only three two-year-old
heifers, whilst that of the simple freeman without land or cattle was
only one single heifer.
[Sidenote: Difference between the Irish ‘eric’ and the Cymric ‘galanas.’]
The whole eric fine for homicide, including the coirp-dire and additional
payments of honour price, evidently fell very far short of that of the
Cymric galanas. Even in the case of the Ri-tuaith or highest chieftain
slain by one of his own rank, the eric can hardly have exceeded the
galanas of the young unmarried Cymric tribesman--viz. of sixty cows.
[Sidenote: The honour-price the limit of the power of protection.]
Public-domain text, read in full here on John Shaqi.
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