Folklore as an Historical ScienceGomme, George Laurence
History
Folklore as an Historical Science
Gomme, George Laurence
Folklore
One of the means by which this sacred tradition was preserved was
through the medium of rhythm and verse. Thus, as Sir Henry Maine
explains,
"The law book of Manu is in verse, and verse is one of
the expedients for lessening the burden which the
memory has to bear when writing is unknown or very
little used. But there is another expedient which
serves the same object. This is Aphorism or Proverb.
Even now in our own country much of popular wisdom is
preserved either in old rhymes or in old proverbs, and
it is well ascertained that during the middle ages
much of law, and not a little of medicine, was
preserved among professions, not necessarily clerkly,
by these two agencies."[124]
In Greece the same word, νόμος, was used for custom and law
as for song. The ῥήτρα (declared law) of Sparta and Taras
was in verse; the laws of Charondas were sung as σκόλια at
Athens,[125] and Strabo refers to the Mazacenes of Cappadocia as using
the laws of Charondas and appointing some person to be their
law-singer (νομωδός), who is among them the declarer of the
laws.[126]
Sir Francis Palgrave, noticing the same characteristic of Teutonic
law, says:--
"It cannot be ascertained that any of the Teutonic
nations reduced their customs into writing, until the
influence of increasing civilisation rendered it
expedient to depart from their primeval usages; but an
aid to the recollection was often afforded as amongst
the Britons, by poetry or by the condensation of the
maxim or principle in proverbial or antithetical
sentences like the Cymric triads. The marked
alliteration of the Anglo-Saxon laws is to be referred
to the same cause, and in the Frisic laws several
passages are evidently written in verse. From hence,
also, may originate those quaint and pithy rhymes in
which the doctrines of the law of the old time are not
unfrequently recorded."[127]
Again, the editors of the Brehon Law Tracts point out that early laws
are handed down "in a rhythmical form; always in language condensed
and antiquated they assume the character of abrupt and sententious
proverbs. Collections of such sayings are found scattered throughout
the Brehon Law Tracts."[128] The sagas contain many verses which
partake of the character of legal formulæ, and in Beowulf there seems
to be a definite example. It occurs in the passage describing Beowulf
engaged in his fatal combat with the fiery dragon, when his
"companions," stricken with terror, deserted him, on which Wiglaf
pronounced the following malediction:--
Public-domain text, read in full here on John Shaqi.
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