The three ‘parentillæ’ sharing in the wergeld.
If this view may be accepted, and if (as we had to do in interpreting the Brehon rules regarding divisions of the kindred) we may take the word ‘son’ as meaning all the sons, and insert the word parentillæ in explanation of the three proximiores, so as to understand them (as in the Brehon Geilfine division) to be not three persons but three groups of kindred, then these clauses become fairly intelligible and consistent with Tit. LXII.[103]
The wergeld is divided into two halves and the second half (subject to the newly inserted right of the widow or mother of the slain) goes to the three groups of proximiores. What these three groups or parentillæ may be is not very clear.
The father has been killed and his sons take the first half of the wergeld. The other half is taken by the three nearer parentillæ. The nearest group at first sight would be the descendants of the two parents of the slain. The second group would be the descendants of the four grandparents of the slain. The third group should include the descendants of the eight great-grandparents of the person slain.
The three ‘parentillæ’ include descendants of great-great grandparents.
But Brunner has pointed out that the division into paternal and maternal lines of relationship begins with the slain person’s grandparents; so that the three proximiores on both sides should go back to the descendants of great-great-grandparents. He also points out that, as at each step the nearer group are to take two thirds and those behind it one third, the division between the three groups would be in the proportions of 6:2:1. And he quotes a statement regarding the division of wergelds in Flanders in the year 1300, in which the proportions of the payments of the three groups of relatives were still as 6:2:1. The half falling to the three groups being reckoned as 18/36, the division was as under:—
| Rechtzweers (Geschwister Kinder), i.e. first cousins. | { | paternal 6/36 | } 18/36 |
| maternal 6/36 | |||
| Anderzweers (Ander-geschwister Kinder), i.e. second cousins. | { | paternal 2/36 | |
| maternal 2/36 | |||
| Derdelinghe (Dritt-geschwister Kinder), i.e. third cousins. | { | paternal 1/36 | |
| maternal 1/36 |
We may then safely, I think, follow Brunner’s cautiously expressed conclusion that it is very probable that also in the Lex Salica under the words ‘tres proximiores’ are intended relations belonging to three separate parentillæ.[104]
The wergeld from the payer’s point of view