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
This was in satisfaction for the crime of the six murderers, viz. the
son of Conn, and the four sons and the grandson of Buidhe. Five out of
the six slayers apparently were able to pay their share. But not so the
sixth, viz. the grandson of Buidhe, the illegitimate son of his daughter
Dorn, who, being unrecognised by the kindred, apparently had no claim
for help from them. Consequently Dorn, the mother of the illegitimate
grandson, was handed over to Fergus as a bondwoman in pledge for her
son’s share of the eric.
So matters stood for a time. But a new trouble arose, which seems to have
upset the whole settlement and made it necessary to consider it over
again, from the beginning.
It would seem that after all there was a question whether the land
_Inbher-Ailbhine_ was permanently handed over, or only for a time, and
redeemable within the period of the lives of three chieftains, because
there was a question whether such a period had expired or not. And again
it was claimed that Dorn was only given in _temporary_ bondage as a
pledge for her illegitimate son’s share of the eric.
Besides these doubts, new circumstances had created a new position.
Fergus was unfortunate enough to have suffered a blemish on his face.
This, being a serious matter in a chieftain, was studiously kept from
his knowledge. Dorn, acting as bondwoman, was one day, according to the
story, preparing a bath for Fergus. Fergus complained that she was too
slow about it and struck her with his horse-whip. She, being vexed,
reproached him with his blemish, and for this insult Fergus slew her on
the spot. Very shortly afterwards Fergus himself died.
This then was the new position, causing a new quarrel between the two
tribes and involving the reopening of the old one. The interest lies in
the way in which it was settled.
[Sidenote: Final balance of payments agreed to.]
A balance was now struck between the crimes on each side, beginning
with the slaying of Eochaidh while under the protection of Fergus, as
follows:--
Fergus, being king of a province, was entitled to 18 cumhals
both as airer-fine and honour-price for the violation of his
protection. There were also due to him 9 cumhals for his half
airer-fine and half honour-price for Dorn’s insult in reproaching
him with the blemish; so that this was altogether 27 cumhals to
Fergus.
On the other side the Feini claimed as follows:--
Honour-price was demanded by the Feini for the killing of (Dorn)
the pledge, for the pledge they had given was without limitation
of time, and for it 23 cumhals were payable by Fergus for
airer-fine and honour-price, for the authority of Fergus was
opposed at the time.
This seems to have settled the matter between the two tribes; _i.e._, so
to speak, the public matter between the Feini and Fergus’s people. But
there were individual rights to be considered also. Besides these 23
cumhals due to his tribe,
Public-domain text, read in full here on John Shaqi.
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