The murderer himself had to pay a third of the 40 cows if he had them. His father and mother between them paid the next third, and the brothers and sisters the remaining third, the sisters paying half what the brothers did.[48] The herds of many a trefgordd must be thinned before this could be done.
The other 80 fall on the kindred.
The remainder of the galanas, viz. 80 cows, fell on the kindred, to the seventh degree or fifth cousins. The paternal relations had to find two thirds of it and the maternal one third, and these kindreds embraced the descendants from the great-grandparents of the great-grandparents on both sides.
In the first fortnight the kindred on the father’s side had to find half what was due from them. In the second fortnight they had to find the other half, and in the third fortnight the maternal kindred had to find their share, till so at last the full tale of the 120 cows was paid. The oath of peace from the kindreds of the murdered man could then be given, and the murderer and his kinsmen, be at peace.[49]
The slayer’s right of ‘spear penny.’
But what happened if the murderer could not find the cattle for his third of the 40 cows which he and his immediate family had to find? He had yet a right, as a member of the greater kindred, to claim in aid a ‘spear penny’ from all those male kinsmen descended from a common ancestor on his father’s side two steps further back, i.e. still more distantly related to him than those included in the kindred to the seventh degree who had already paid their share. Even if the slayer were a woman, she had the same right of spear penny from the men of her kindred to help her to make her payment.[50]
The solidarity of the kindred and individual liability within it.
So this attempt to realise what was involved in the payment of an ordinary case of galanas brings us back to the recognition of the double aspect of the kindred in the structure of tribal society—its solidarity and joint responsibility, on the one hand, as against outsiders, the whole kindred being responsible in the last resort; on the other hand the individual responsibility of its members, graduated according to nearness of relationship, for the crimes of their relative.
Each had his da or cattle for maintenance and so could contribute to the payment.
In Cymric tribal society this was made possible by the broad fact that both males and females in the group of kindred, on both paternal and maternal sides, liable to pay, had cattle of their own in the common herd, each having received his or her da for maintenance by right of kin and descent from the common ancestor or chieftain of the kindred. The two things surely hang together. And therefore, if we find in the laws of other tribes somewhat similar rules regarding the payment of wergelds, it probably will be worth while to inquire further whether the corresponding structure of tribal society, or something more or less equivalent to it, may not be present also.