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38
THE LAW OF" THE WE8TGOTH8. 38
4. Will they accept a fine, then shall he pay nine marks heir fine l) and
twelve marks tribe fine 2), six marks shall the murderer’s heir pay 8). Six
marks fine shall be paid by the tribe, three from the father’s and three from
the mother’s side. Then shall the nearest of kin pay twelve öre, then the next
one six ore, the next three öre, the next four and a half örtug.
5. All should pay alike and take alike. Each shall pay and receive one
half less than the other, even unto the sixth degree of relationship. Fines for
murder shall be divided even unto the relatives in the sixth generation. If all
are equally related, then shall the one family group share equally with the
other. Six marks shall the heir take from the tribefine and the tribe six; three
on the father’s and three on the mother’s aide.
2.
If anyone is to pay a fine for an adopted person 4), one who has been a
slave, he shall pay a fine of nine marks heirfine and six marks tribefine,
because his tribe is half slave and half freedman. 5)
3.
Does anyone wish to bring complaint against those who have held the
victim in a case of murder, or been present, they shall be called to the thing,
have their say there and be judged to the oneday, the thingmen’s testimony
given and the same on every oneday. The thing-men’s testimony shall be
heard first, thereupon shall the heir swear: "So help the gods me and my
witnesses, that thou held him under point and edge, and so I brought complaint
against thee at the thing."
1. The one, who has been present at a murder, shall be called to the
thing and be sworn against thus: "Ask the gods so to help himself and his
witnesses, that thou wert at the place of murder with illwill, and thus I
brought complaint against thee at the thing."
twenty-four örtugs. The reason for this may be found in a change in the
money standard. So that two marks silver in weight were equal to three
marks in money. Instances of similar differences are indicated in
Östgötalagen where it says, that two marks vapmala equaled one mark silver or two
marks in money; and in Skånelagen, where it is said, that three marks in fine
must be sva gopa sum en mark sylfs.
1) Ärva bot: Fines paid to the heir.
2) Ættar bot: Fines paid to the tribe.
8) If the murderer had been murdered, his heir would have received one
half of the tribe fines, and now therefore, when he was the murderer, his heir
had to pay just so much, aa he would have received, had the murderer been
murdered.
4) Ætleder mapær: A person adopted and made a member of another
man’s family.
6) Frælsgivi: Freedman. A liberated slave whether ætleder or not.
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