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82
THE LAW OF THE WESTGOTHS.
AF MANDRAPI.
On Manslaughter.
A man is killed and his life taken, then the murder shall be annonnced at
the thing 1) and then told the heirs and, on the second thing, and on the third
thing bring accusation of murder, or else the case is lost. Then shall the
murderer go to the thing and stand outside, sending in men to aek safe conduct.
The thingmenZ) shall promise him a lawful consideration of his case. He
shall admit this accusation of murder.
1. Then the heir shall name the murderers. He has the right to bring
accusations of murder against whichever one he wishes, if there are several
murderers. He, who is the nearest relative on the father’s side, shall together
with the child name the murderers. Has the wife a child in her lap, she shall
name the murderer. Then shall be named the accessories to the crime, those
who were accessories in act 8) and those who were accessories by presence 4)
They shall be five and one crime instigator. 5)
1) t>ing: Thing; assembly, legislative and judicial court. A word so often
used in this lawbook and so familiar in Scandinavian literature, that it is
most convenient to transfer it into English. It cannot be satisfactorily
translated by the word court, because it has a much wider meaning. Here are some
of the meanings of this little word with reference to legal proceedings:
a) 1. A convention or assembly for legislative or judicial purposes. 2.
also the people present at such a time, and 3. the place where such convention
was held.
b) Men called together in order to collect fines, etc. which had nut been
willingly paid by. the guilty party.
c) A gathering on the meadows of Mora, a mile south of Upsala, where
the people of Upland elected their kings.
d) In Gotland it meant a district from which in heathen times the people
came together at sacrifices and festivals.
e) The Supreme court of Västergötland, which was presided over by the
Lawman, and which was called the Thing of All Goths.
In general: any assembly (or its meeting place) where public affairs were
discussed and public business transacted.
2) E>ings Mæn: Thingmen. Persons, who had been present at the thing
during a trial, and whose duty it was to keep track of what should come
before the thing, under some circumstances give evidence, and sometimes even
pass judgment in certain cases at law.
s) Haldsbænd: One who participates in a murder by holding the victim.
4) Atvistær mapær: Murderer by presence. One who had been present at
the place of murder, and there shown enmity toward the victim, without
otherwise aiding the murderer in committing the crime.
6) Eapsbani: Murder instigator, one who partakes in the crime by
advising the murderer.
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