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
Buidhe was entitled to honour-price for the killing of his
daughter, _i.e._ he was an _aire-forgaill_ of the middle rank and
was entitled to 6 cumhals as honour-price. Her brother was also
entitled to honour-price for her death; he was an _aire-ard_ and
was entitled to 4 cumhals as his honour-price.
Why the other brother had no claim for honour-price does not
appear--perhaps the one brother was the representative of the brothers as
a class. The total sum demanded on Dorn’s side was therefore 23 + 6 + 4
cumhals = 33 cumhals.
So that this which the men of the South demanded amounted to 33
cumhals, and the men of the North demanded 27; and a balance
was struck between them, and it was found that an excess of 6
cumhals was due by the men of the North, for which the land
_Inbher-Debhline_ was again restored by the men of the North.
The commentary goes on to say:--
And it is evident from this, that when a man has paid eric fine,
should the person to whom it has been paid commit a crime against
him, the law orders that his own eric fine should be restored to
the former should it be better than the other eric fine.
In this case the land which had been taken by Fergus as ‘seven cumhals of
land’ was returned to pay for the balance due of six cumhals only.
It will be observed that whilst the father and brother of Dorn had their
own honour-price allowed for her slaying, no _coirp-dire_ was claimed for
the life of Dorn herself. The reason is given as follows:--
What is the reason that the land was restored by the people of
the North and that the eric-fine for the woman was not restored,
whereas both had been given (to Fergus) as eric-fine for
trespass? The reason is the woman committed an offence in the
North for which she was forfeited, and the land did not commit
any offence for which it could be forfeited, but it was returned
in part payment for that trespass (_i.e._ the killing of Dorn).
IV. THE CURRENCY IN WHICH THE BREHON FINES WERE PAID.
Before leaving the Irish coirp-dire and honour-price, allusion must be
made to the currency in which they were paid.
[Sidenote: Payment in cumhals or female slaves.]
The most significant point was the payment in _cumhals_ or female slaves.
The cumhal was equated with three cows, but the payment was reckoned and
stated in cumhals. The female slave was the prominent customary unit of
payment, and doubtless a common object of commerce and trade.
[Sidenote: Cumhal = three cows or ounces of silver.]
The equation of the cumhal and the cow with silver was also remarkable.
The cow was equated with the Roman ounce, and the cumhal with three
ounces.
From a passage in the Senchus Mor (i. p. 247) and the Book of Aicill (pp.
371-377), the following table of values is evolved:--
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account