Re: Weregild

From: Jon Thorvaldson <yinkin_at_telia.com>
Date: Wed, 5 Jan 2000 20:31:27 +0100


David Dunham writes:
>OK, I found my notes. In Cattle Lords & Clansmen [looks like I
>returned Jeff's copy, so I can't give you the exact page], it says
>that wergild (crÛ) is always 7 cumals, or 21 "great cows." So there's
>precedent for a more egalitarian approach.
>
>(I find it telling that the Irish had a one-syllable word for wergild...)

A very good book of Old Irish law is 'A Guide to Early Irish Law', by Fergus Kelly (ISSN 0790-4657). Kelly writes that "distinctions of rank figure prominently in practically all Irish law-texts." However, the Irish knew of Romal law, where everyone is equal before the law, and some of the law-texts claim that everyone has equal honor-price in the books (of canon law) but not in native law. Also the 'Senchas Mar', the main collection of law-texts, maintain that the world was in equality before the coming of the 'Senchas Mar', but that it introduced distincvtions between king and commoner etc.

Now that I've read more carefully, I agree in that the body-price ('eraic', also 'cro') was equal, being 7 cumals, as David said, for all _freemen_ regardless of rank, paid to the victims kin-group. However, a person also has an honor-price ('log n-enech'), that varies with his rank, and that must also be paid. The eraic/cro seems to be more of a fixed penalty for homicide.

The book lists some honor-prices, and also among other things what units of currency were used (frex: an ounce of silver was worth one milch cow, a yearling heifer was worth a quarter of a cow, and a female slave ('cumal') was worth three cows...), and how the law dealt with satire...

Heartily recommended to anyone interested!

Jon Thorvaldson

"Hige sceal the heardra, heorte the cenre, mod sceal the mare the ure mægen lytladh."

        -The Battle of Maldon, lines 312-313.


Powered by hypermail