The law relating to crime in Wales was very similar to the law
prevailing in England at about the same date. There were three main
divisions or classifications, dealing respectively with murder,
assault, and arson. By murder was meant the killing of a free
fellow-Welshman; to kill an alien was certainly not thought to be a
crime, and it well might be a meritorious action. The killing of a
slave belonging to another man was an offence like any other damaging
of property. {54} Before the kings had gained sufficient strength to
be able to make the avenging of murder a public concern regulated by
royal justice, the family of the murdered man was considered
responsible for avenging his death; and such a blood-feud might last
many years, and result in innumerable deaths. When the blood-feud
had been superseded by a proper administration of justice, murder
became punishable by a fine, the fine varying according to the
position and quality of the murdered man. In the Welsh laws this
blood-money is called _galanas_. Thus the price of the life of a
_Penteulu_ was fixed at a hundred and eighty-nine cows, that of an
ordinary freeman at sixty-three cows, that of a slave at four cows.
The price of a woman's life was half that of a man's. The whole of
the murderer's family was responsible for paying the price of his
murder; and if payment was not made, the murderer's life was forfeit.
The murder of a near kinsman was regarded as much more heinous than
the murder of a stranger, and in this case the murderer was cast out
of his tribe for ever.
Just as every man's life had its price, so every man's honour had
likewise its price; and an insult (_saraad_) was a punishable {55}
offence. Here again the price varied according to the station of the
insulted man. In those times, when villages were built entirely of
wood and other highly inflammable material, it was natural that
special laws should be enacted to deal with the use and abuse of
fire. Fire seems to have been regarded very much as we regard a
dangerous animal--we may keep it if we so desire, but if we do so it
is at our peril, and we become responsible for any damage it may
cause by its escape.
As in all early legal systems the laws relating to contract in Wales
were extremely formal, the validity of an agreement depending
entirely upon the strict observance of certain procedure. One
curious point is that practically everything had a fixed price. This
was the price at which the thing could be bought or sold, and it was
the price exacted by way of fine from a person who happened to injure
or destroy it. The onus of guaranteeing the good condition of an
article, or the good health of an animal, seems to have rested
entirely upon the seller, so that the English legal maxim _caveat
emptor_ would have to be reversed in ancient Wales.
Public-domain text, read in full here on John Shaqi.
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