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 importance under Irish tribal custom of the honour-price of a
tribesman, and its graduation in proportion to rank, position, and wealth
in the tribe, is apparent quite apart from the question of homicide. It
ruled the value of ‘his oath, of his guarantee, of his pledge, and of
his evidence.’ These according to the ‘Crith Gabhlach’ (p. 307) were
the four things in which he acted to the extent of his honour-price,
and he was not competent to undertake liabilities beyond this limit.
This becomes very important when we realise how large a place the
system of compurgation, or the support of a kinsman by the oaths of his
fellow-kinsmen, filled in tribal usage.
On the other hand, whilst the honour-price of a tribesman or chieftain
was the limit up to which his power of giving protection to his
fellow-tribesmen by oath or pledge or otherwise extended, it also was
the measure of his own protection. He was entitled to his honour-price
not only in case of homicide. If he was satirised or insulted, or if the
protection he afforded to others was violated, or his house was burned,
or any one stole from him, out of his house or in it, or forced his
wife or his daughter, his honour-price was the measure of the amount of
redress he could claim for the wrong. The analogy of this to the Cymric
_saraad_ is obvious, and something like it is found in most tribal
systems.
[Sidenote: A typical case of eric from the Senchus Mor.]
Finally, imperfect and vague in some points as may be the result of the
foregoing examination of the Irish evidence, we are now perhaps in a
position to appreciate, for what it is worth, the curious case described
in the Senchus Mor.[76] It may be taken so far as it goes as a precedent
or indication of the way in which the intricate matters connected with
the eric fine and honour-price were worked out in practice, though it is
difficult to explain all the rulings of the Brehon experts.
The matter in dispute was between two of the three principal races of
Erin--the Feini or ‘men of the North’ and the Ulaidh or ‘men of the
South.’ Fergus was the son of the King of the Ulaidh. Owing to a quarrel
amongst the Feini, Eochaidh Belbhuidhe, being expelled by Conn of the
Hundred Battles, had fled from his own tribe and put himself under the
protection of Fergus.
Whilst under the protection of Fergus, Eochaidh was killed by Asal the
son of Conn, and by four sons of Buidhe, and a grandson of Buidhe. The
latter, being the son of Buidhe’s daughter _Dorn_ by a stranger, was not
acknowledged by her kindred (fine).
The eric fine for this outrage upon the protection of Fergus was thus
arranged:--He was to have three times seven cumhals, _i.e._ seven
cumhals in gold, seven in silver, and land of seven cumhals called
_Inbher-Ailbhine_.
Public-domain text, read in full here on John Shaqi.
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