VII. THE WERGELD OF ANCIENT GALLIC CUSTOM. THE EVIDENCE OF CÆSAR.
Cæsar does not state the amount of the Gallic wergeld, but the Druids had jurisdiction in cases of homicide.
There seems to be left but one possible further source of evidence as regards the wergelds of the Gallic tribes before the Roman conquest, viz. that of Cæsar. Speaking of the Druids, his words are these:—
Illi rebus divinis intersunt, sacrificia publica ac privata procurant, religiones interpretantur. Ad eos magnus adulescentium numerus disciplinæ causa concurrit, magnoque hi sunt apud eos honore. Nam fere de omnibus controversiis publicis privatisque constituunt, et, si quod est admissum facinus, si cædes facta, si de hereditate, si de finibus controversia est, iidem decernunt, præmia pœnasque constituunt (vi. 13).
There is certainly nothing in these words, when carefully considered, which indicates in the slightest degree whether the Gallic wergeld was fixed, or graduated according to rank. They amount to this:—
The Druids have cognisance of nearly all public and private controversies, and if any crime has been committed, if a murder has been done, if concerning inheritance, if concerning boundaries there is controversy, it is they who decide, and they fix the compensation and penalties.
On the occasion of any murder committed, there would be plenty of room for controversy whether the wergeld were fixed or graduated according to rank, or even, as is quite possible, left open to the judgment of the Druids. So that we gain nothing from Cæsar’s evidence on this particular point, further than that the penalties for slaying were within the jurisdiction of the Druids.
It may, however, be well to notice that this passage has been the subject of controversy upon another point of interest to this inquiry: viz. on the question whether the evidence of Cæsar should be taken as in favour of the theory of the communistic ownership of land in Gaul or that of individual ownership.
M. Fustel de Coulanges[93] has argued with great force that the statement of Cæsar that the Druids were accustomed to settle controversies whether de hereditate or de finibus implies that in his view there must have been something like private property whether of individuals or of families.