- Project Runeberg -  The law of the Westgoths according to the manuscript of Æskil, lawman of Västergötland, Sweden, 1200 A.D. /
69

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

69

open field and causes a cattlepath over field and meadow therefore he cannot
dwell here lawfully." Then he shall be called to the thing, appoint for him a
oneday, testify with two twelfths, let on the sægnarthing decree to move
away the dwelling, tear down and not burn.

3. Brothers divide their land, builds the one on the grass rim of a field or
meadow, lies field to field, he has equal rights to prove with him, who lives in
the village.

4. Builds he outside on the village property, fence about himself. Builds
he on the pasture land, fences about himself for three winters or more than
three winters, then he has the right to carry the axe to the woods, to brush
and to pasture. No one has a right to land inside of his fence and he has no
right to the common outside of his fence. This is called islandhome. 1) He
may not be tied in a sack. 2) Do the neighbors wish to make an enclosure in
front of him, then they shall lay out for him a road to the common, fourteen
yards wide. They shall make the fences who own the land on the way to the
common.

14.

No one can make an inclosure by fences, unless they are all agreed, who
own one eighth part of an eighth. As soon as it is fenced in, then he who
wishes, shall have a right to demand survey of the land, and set a
seventh-night-thing at some one’s place and hold it for all of them, who own land in
the village. Then he shall call them to the thing and appoint a oneday, bring
forth thingmen’s testimony on the oneday, and then swear that "such
judgment came in his case at the thing, that he should stand here today and with
a rope divide the land among the eighths." After it has been divided by
rop-ingS) among the eighths, then one shall refer it to the thing and at the
sægnarthing cast lots, if one does not wish earlier, then adjudge to each eighth
according as fell the lots with thing testimony. Thus shall all divide among
themselves land and fences, if they do not wish to divide in any other way.

15.

Someone claims to own a part of a pasture land, is there no fence
roundabout, say the neighbors no thereto, do some say it is common property, then
they have a right to prove, who wish to adjudge the land to be common prop-

1) Holmstopt: Island home. A dwelling surrounded by the common as an
island with water.

2) He must not be shut in, so that he cannot get out.

8) Measured ofi by rope.

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