Folklore as an Historical ScienceGomme, George Laurence
History
Folklore as an Historical Science
Gomme, George Laurence
Folklore
To this may be added the many local examples of the preservation of
laws or legal formulæ by means of their form in verse. The most
interesting of these, perhaps, is that by which the Kentishman
redeemed his land from the lord by repeating, as it was said, in the
language of his ancestors:--
"Nighon sithe yeld
And nighon sithe geld,
And vif pund for the were,
Ere he become healdere."
The first verse,
"Dog draw
Stable stand
Back berend
And bloody hand"
justified the verderer in his punishment of the offender. In King
Athelstane's grant to the good men of Beverley, and inscribed beneath
his effigy in the Minster,
"Als fre
Mak I the
As heart may think
Or eigh may see,"
we have perhaps the ancient form of manumission or
enfranchisement,[136] just as we have the surrender by a freeman who
gave up his liberty by putting himself under the protection of a
master, and becoming his man, still preserved among children, when one
of them takes hold of the foretop of another and says:--
"Tappie, tappie, tousie, will ye be my man?"[137]
All over the country we meet with these rhyming or rhythmical formulæ
which have legal significance. In the north the chief of the
Macdonalds gave grants in the following form:--
"I, Donald, chief of the Macdonalds, give here, in my
castle, a right to Mackay, to Kilmahumag, from this
day till to-morrow and so on for ever."
"Mise Donull nau Donull,
Am shuidh air Dun Donuill,
Toirt còir do Mhac-aigh air Kilmahumaig,
O'n diugh gus a màireach
'S gu la bhràth mar sin."[138]
At Scarborough there is an old proverbial saying as to "Scarborough
Warning," which has had various accounts given of its origin,[139] but
the true explanation of which is that it is the fragment of an ancient
legal formula of the kind we are investigating. Abraham De la Pryme
describes it in his seventeenth-century diary as follows:--
"Scarburg Warning is a proverb in many places of the
north, signifying any sudden warning given upon any
account. Some think it arose from the sudden comeing
of an enemy against the castle there, and haveing
dischargd a broad side, then commands them to
surrender. Others think that the proverb had it's
original from other things, but all varys. However,
this is the true origin thereof.
Public-domain text, read in full here on John Shaqi.
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