- Project Runeberg -  The law of the Westgoths according to the manuscript of Æskil, lawman of Västergötland, Sweden, 1200 A.D. /
37

(1906) [MARC] Author: Alfred Bergin
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THE LAW OF" THE WE8TGOTH8.

37

2. Then they shall set a oneday 1) thing at the home of that one, whom
they all agree on. Then shall, on this day, the thingmen’s testimony be
given. "I was then at the thing and we six men. Such judgment was then
pronounced in thy case, that thou shouldst stand here to-day" — and evidence
against him, accusation of murder with two twelfths. "So help the gods me
and my witnesses, that thus was judgment pronounced in thy case, as I now
testify." Then the heir shall swear. "So help the gods me and my witnesses,
that thou attacked him with point and edge, and thou art his true murderer,
and thus I brought complaint against thee at the thing". Then the heir shall
go and swear likewise before the other twelfth. Twelve men shall stand in the
twelfth, and the very same formula of oath shall be used before each twelfth.
These formulas of oath shall be used before each twelfth oath. Make the gods
propitious to oneself or wrathful.

3. Then Bhall the heir go to the sæghnarthing, 2) let himself be judged at
the thing, and verify by persons having been present, ask so the gods to help
him and his witnesses, that, he did all that, which the law demands, on the
oneday against his freedom. Then shall he (the heir) again come to the thing,
let himself (the murderer) be pronounced an outlaw for the heir and the
plaintiff and without right 3). Then he shall flee peace — i. e. leave the community
— eat at home in the morning of the day of court, and in the woods supper.
It means a fine of twelve marks for the county judge 4), if he sits still and does
not concern himself therewith, and forty marks for the county, and three
marks for him who eats or drinks and has a meeting with him, called three
but are two, sixteen örtngs in each third 6). Unless he perchance offers fines,
then he may eat supper at home without incrimination.

1) Ændaghæ hem dömæ: To decree, that on a certain day, called endaghi
(oneday), thing should be held at the home of one of the parties. The judge
set the endaghi, as above said, and there was then held a private continuation
of the case already before the thing. Certain persons were also appointed to
be present. At this thing it was also decidea when and where the
sæghnarthing should be held.

2) Sæghnarthing: Sæghnarthing, a thing decided upon at the endaghi,
when a case which had been tried and the endaghi should again be taken up
for consideration and final judgment pronounced.

S) Ogildær, Ogilder: 1) worthless, 2) without rights. The plaintiff could
kill him without being punished for it.

*) Hærads Hyfpinge: County chief or county judge. He had more power
than a judge, but this title is used in want of a better one.

B) Heta prer ok æru tuar sæxtan orthuger i pridiong hværn: called three,
but are two sixteen örtugs in each third. Each third i. e. each party viz. the
king, the county and the heir. This expression appears several times. The
meaning is, that the fine was called three marks, but was in reality but two,
as each party received only sixteen örtugs, while one mark consisted of

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