Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'Seebohm, Frederic
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Tribal Custom in Anglo-Saxon Law: Being an Essay Supplemental to (1) 'The English Village Community', (2) 'The Tribal System in Wales'
Seebohm, Frederic
Anglo-Saxons; Law, Anglo-Saxon; Law, Medieval; Tribes -- Great Britain
This passage shows that the link of blood-relationship between two
brothers and foster brothers, by reason of their being fostered together,
in the case of thralls was recognised before that between parent and
child. It was the fosterage in this case which had forged the link.
Blood-relationship in thraldom counted for nothing.
[Sidenote: The ‘making a freedom ale,’ first step to freedom.]
The ceremony of ‘making a freedom ale’ is thus described, in the two laws.
Nú vill leysingi ráða kaupum sínum oc kvánföngum, þá scal hann
gera frælsis öl sitt, þriggja sálda öl hit minzta, oc bióða
skapdrótne hans til með váttom, oc bióða eigi sökunautum hans
til, ok sissa hánom í öndvege, oc leggia .vi. aura í skáler
hinn fysta eftan, oc bióða hánom leysings aura. Nu ef hann tecr
við, þá er vel. En ef hann gefr upp, þá er sem golldet sé.
(Gulathing law 62.) If a leysing wishes to have control of his
bargains and his marriage, he shall make his freedom ale out of
at least 3 sievefuls of malt and invite his master to it, in the
hearing of witnesses, and not invite his master’s foes, and seat
him in the high seat, and lay 6 aurar in the scales the first
evening [of the banquet], and offer him the ‘leysing’s fee.’ If
he takes it, that is well. If he remits the sum, it is as if it
had been paid.
Ef þræll kemr á iörð eða býr, þá scal hann gera frelsis öl sitt,
hverr maðr níu mæla öl, oc scera á veðr. Ætborinn maðr scal höfuð
afscera, en scapdróttinn hans scal taca hálslausn af hálse honum.
Nú vill scapdróttinn hans leyfa honum at gera frelsis öl sitt, þá
scal hann beiða hann með vátta .ii. at hann megi gera frelsis
öl sitt, oc bióða honum með .v. (fimta) mann til öldrs þess
er hann gerir frelsis öl sitt […] þá scal hann þó gera, oc láta
öndvegi hans oc cono hans kyrt liggia.
(Frostathing law IX. 12.) If a thrall takes up land or sets up
house, he shall make his freedom ale, every man of 9 mælar [=
1½ sievefuls of malt], and kill a wether. A freeborn man shall
cut off its head, and his master shall take the ‘neck-release’
off his neck. If his master will allow him to make his freedom
ale, he shall ask his leave to make it, in the hearing of two
witnesses, and invite him and four with him to his freedom ale.
[If they do not come] yet he shall make the ale and let the high
seat for his master and his master’s wife stand empty.
A master might dispense with this formality. He might take his thrall to
church, or ‘seat him on the kist,’ and if then he proceeded formally to
‘free him from all debts and dues’ the leysing need not ‘make his freedom
ale.’ (G. 61.)
[Sidenote: Social status of the leysing.]
Now let us see what change in social position and rights the ceremony of
‘making freedom ale’ or its substitute produced.
Public-domain text, read in full here on John Shaqi.
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