Old Frisian Law
The earliest Old Frisian law is
known as the Lex
Frisionum. It was written around 800 A.D. in Latin
at the behest of the emperor Charlemagne. There are also several
other sets of laws that were written somewhat later. These are
mostly in Old Frisian. A good introduction to Old Frisian Law, if
you can read Dutch, is N.E. Algra, Oudfries
Recht, 800-1256 (Ljouwert: Fryske Akademy, 2000).
Unfortunately, most old Frisian law is available only in Dutch or
German translation, not in English. The most important exception
is the Skeltariucht, parts of which are presented below.
The Skeltana Riucht [excerpts]
A skelta is
something like a magistrate or a sheriff (in the original English
sense). Riucht means
law. Roughly speaking, the Skeltana Riucht is the law of the magistrates. It
probably dates from the twelfth century and is in Old Frisian.
Below I have produced some of the more interesting provisions,
first in Old Frisian and then in English. The source is Sydney
Fairbanks, The Old West Frisian
Skeltana Riucht (Harvard University Press, 1939).
I. Thit is
landriucht [thera] Fresena and
skeltanriucht. Thi grewa, ther an Freslande [grewa] wessa skel,
hi skel wessa fulre berde bern and sin riucht unforlern. Hi skel
ti Suthermutha inkoma and koma to Franekere [in thet del] mith werdere
were, mith thes koninges iefte, mith breve and mith insigele.
Ther agen hine tha Fresen to undfane and riuchtes ti stedigiane; ther
ach him thi asega enne frethe ti delane and hine him selva ti bannane,
thet him emma aut unriuchtes dwe. Thenne agen him tha liude
thenne frethe ti sterkiane; ther ach thi grewa allera manna likum sin
len ti iewane, ascha hit an sinre were hede, one fia. [So thes
grewa komste keth is, so is sin frethe, binna there komste, thi
dadslachta fiower and sextich pund.]
Translation: This is the
land-law of the Frisians, and the magistrate-law. The governor
who is to hold office in Friesland, must be of legitimate birth, and
not have forfeited his rights. He shall land at the Take-Zijl and
proceed to Franeker in that district, with valid (evidence of)
authority, (that is) with the king's grant, with letters patent and
with seal. There the Frisians shall receive him, and allow him to
hold court; and the lawsayer shall thereupon decree a truce for him and
present him in person, so that no man may (unwittingly) do him any
wrong. Then the people shall confirm that truce, and thereafter
the governor shall grant every man his fief, as far as he may have it
in this power, without (special) payment. As soon as the
governor's arrival is announced, the penalty for killing in violation
of the truce is sixty-four pounds.
II. Thit is
riucht thet thi fria Fresa ni thor fira
hereferd fara, thur ban ni thur bod, than mittha ebba wt and mittha
flode up, truch tha ned, thet hi thenne ower alle degan wera skel with
thenne salta se and with thenne wilda witsing, mith fif wepnem, mith
spada and mith forka, mith skelde and mith swerde and mith etkeres orde
[thur thet, thet hi thenne ower waria skel], bi enre liudwerthene, ther
hit him keth worde mith boda iefta mith bakne. Iefta sexasum
swera, thet hit him mith boda ni mith bakne keth ni worde.
Translation: This is the
law: the free Frisian need make no further foray, whether
under proclamation or order, than out with the ebb and back with the
flood; because he needs must guard the shore, day in, day out, against
the salt sea and the wild viking with five weapons: with spade and with
fork, with shield and with sword, and with spear's point. (And
this he must do) on pain of one wergeld, whenever notice is given him by messenger
or by beacon, or else swear with five compurgators that such notice was
not given him.
III . Thit is
riucht, thet thi fria Fresa ach sines
selves deda ti witane uppa tha helgum mith mara riuchte than him se
emma over ti tiugane; hit ne se so fir bithingad mith skelta banne and
mith asega dome, thet tha niugen tiuch sines einne ath binima.
Translation: This is the law: the free Frisian may
establish by oath upon the holy relics the fact of his own deeds as
against any man's testimony unless the matter be so far
prosecuted, by order of the magistrate and decree of the lawsayer, that
the ninefold testimony invalidate his oath.
...
VII. Thit is riucht,
thet thi feder ne ach nene manne sine
dochter ti iewane ower hire willa, thur thet hiu nautes wald ni ach mer
hera leithena. And iefth hi se ower hire willa [and ower hire
wald] and hire misskith an tha onwilla, so ach hi thet beta mith frethe
and mith festa, also hise mith sinre hand forslain hede.
Translation: This is the
law: the father shall not give his daughter to any man against
her will, since shee has at least the right to dispose of her own
person. And if he gives her against her will, and in spite of her
resistance, and harm comes to her by reason of her unwillingness, he
shall pay for it with fine and with fasting, as if he had slain her
with his own hand.
...
XI. Thit is
riucht lutheres lana, thet thi sone ach
sinre moder tolef ier aller [ieralikes to] lan ti iewanne fif
skillingan, as hi sine breid halath, thet hi unewemmed se fan [wan-]
warlashed.
Translation: This is the legal
swaddling-payment that the son shall pay to his mother when he takes a
bride; five shillings a year for twelve years, in payment for his not
having been injured by neglect.
...
XVIII. Thit
is riucht, thet thi fria Fresa skel
thenne over, ther hi bi banne warath with thenne salta se et sente
Benedictus missa wrocht habba iefta mith twam skillingum aldus over
nacht beta with thenne skelta, also lange so hit unewrocht is unt
sumeris nacht; [and efter sumeris nacht] thet grundieth thet thet salte
weter inleth ande tha liudem skathath an hiara notum, aldus over nacht
unt lettera ewennacht mith twam pundum beta [ande tha liudum tha nota
fella, so fir so him thet god warath].
Translation: This is the law:
the free Frisian, when under proclamation he is warding off the salt
sea, shall have the shore (-dikes) finished by St. Benedict's Day, or
pay for it to the magistrate, with two shillings a day up to Midsummer
Night, so long as it remains unfinished; and after Midsummer Night any
hole in the dikes that lets in salt water and harms the people in their
harvests shall be paid for, for every day until the following equinox,
with two pounds, and the offender shall recompense the people for their
crops so far as his goods hold out.
...
XX
(Thit is riucht, alder thi fria Fresa
thritich punda werth erves heth an sinre were) thet hi horses and
wepnes
ewarad wesa skel ti ther landwere. Ief him thes berst, so skel hi with
sine
frana mith twam pundum beta.
Thit is riucht, thi ther tventiga punda
werth [erves] an sinre were hath, thet thi skel habba truch lang wepen,
iefta mith twam pundum beta.
Thit is riucht, thi ther tolef punda
werth heweth erwes, thet hi skel habba spere and skeld ti ther
liudwere, iefta mith twam pundum beta.
Thit is riucht, thi ther lessa hath, hi
skel habba koker and boga ti ther liudwere ief mith twam pundum beta.
Translation:
This is the
law: when the free Frisian has thirty pounds
worth of land in his possession, he shall be equipped with force and
weapon for
the defense of the realm. If he fails in
this, he shall pay two pounds for it to the magistrate.
This is the
law: he who has twenty pounds’ worth of land in his possession shall
have a
two-handed sword, or pay for it with two pounds.
This is the
law: he who has twelve pounds’ worth of land shall have spear and
shield for
the defense of the people or pay for it with two pounds.
This is no
law: he who has less shall have quiver and bow for the defense of the
people, or
pay for it with two pounds.
XXI
Thit is riucht so hwerso ma en wif an
nede nimth and ma hit tha frana klagath, so is hit riucht thet ma hire
folgia skel ti tha fordele ther hiu inne is, mith tha asega. Ande
thi frana skel hire fregia hu hiu
alder kome, hoder willem so unwillem. So hwoder so hiu
spreckt, so skel hiu
thach an thes frana were thria nachta sitta thur tha ned ther ma ther
klagade. Thes thredda deis so ach hia thi frana an (thene)
warf ti brengane and twene stewan to settane, hire willa ti
bariane. Etta othera stewe stande hire megan, etta
othera hire man. Geith hiu ti tha manne hiu brukes wel
ther om thet hiu nautes wald ni ach ni were hira lithena [thera ach hiu
tha wald]. Geith hiu ti tha megum, so skel thi man
hia twiielde ielda and hi skel breke and brand thelda and achtich punda
iewa herem and liudem ande thera (sibbista) sexa allerlik, ief se
therin bitiugad wordath, brand and breke thelda and mith enre haudlesne
beta. So hwam so ma thes ekes bitigath, thet hi
ther mede an fulleste were, so skel hi mith twam pundum beta, iefta
sexasum unswora.
Translation:
This is the
law: whenever a woman is taken by force, and complaint is made to the
magistrate, it is the law that she shall be followed to the dwelling
that she
is in, the lawsayer accompanying. And the magistrate shall ask
her how she came
there, willingly or unwillingly. Whichever she says, she shall
nevertheless
remain in the magistrate’s custody for three nights, by reason of the
violence
complained of. The third day, the
magistrate shall bring her to the court, and set up two staves to
manifest her
decision. Let her kinsmen stand at one staff and her man at the
other. If she goes to the man let her have him in
peace, for she has at least the right to dispose of her own person.
If she goes to the kinsman, the man shall make
double payments to her, and suffer fire and wasting, and give eighty
pounds to
the nobles and commons; and each of the six nearest of kin, if they are
convicted of complicity, shall suffer of fire and wasting, and pay with
a hand-ransom.
And whoever is in any way convicted of assisting the therein, let him
pay for
it with two pounds, or take an oath of innocence with five compugators.
XXV
Thit is riucht, alder thi fria Fresa up
en erwe thingia welle thet hi an bannena thinge kuma skel mith sine
thingmanne, mith efta gretwerde greta skel and bitigia him thes thet hi
en erwe an sinre were habbe unriuchte, ther hi him mith riuchte rema
skel. So ach him thi other andwerdia and
fregath him, hwer thet erwe lidzie. So ach him thi asega ti
delane, thet hi
him thet erwe wise mith steve and mith tiuge. Thet thing skel
wesa thes selva deis over
sowen nachtem uppa tha erwe.
Translation:
This is the
law: if the free Frisian wishes to go to court about a piece of land,
he shall
come to the proclaimed court with his lawyer, (and) challenge (the
defendant)
with the proper formula, and charge him with having a piece of land
wrongfully
in his possession, which he must by law surrender to him (the
plaintiff). Then the defendant must answer him and ask
him where the land lies. Then the lawsayer
must decree that the complainant point out the land both by
demonstration and
by word of mouth. The trial shall be
held on that day week [i.e., a week later on the same day--PMT] on the
land
itself.
XXVI.
Thit is riucht, thet hi hine these selva
deis bi midda morne, bi sunna upgange, mith tha twam skeltum and
mith
sinra bura sowen, mith tha asega and mit thes otheres burem sowen, mith
efta tiuge lathia skel ti ther landwere et sine fordele; and ach him
thi asega ti delane thet hi and feld fara skel, is thet hit wera
wolle. Of hi kuma ni wolle ti ther landwere, so
ist riucht thet ma [eft] thingia skel en thing, thet other, thet
thredde and thet fiarda; etta fifta thinge thenne frethe on winna asma
skel mith riuchta landriuchte.
Translation:
This is the law: that on the same day (of the week) in the
middle of the morning, while the sun is climbing, he shall summon the
defendant, accompanied by two magistrates and seven of his neighbors
and the
lawsayer and seven of the defendant’s neighbors, at his house, to the
defense
of the land. And the lawsayer must
decree that he shall go afield if he wishes to defend it. If he
will not come to the defense, the law
is that the complainant shall again hold proceedings, a second time, a
third,
and a fourth; and at the fifth preceding he shall be entitled to
undisturbed
possession, according to the true law of the land.
XXX.
(1) Thit is riucht, ief thi fria Fresa
werth to stride bithingad and hi kweth thet hi einlikes godes so fule
an sinre were ni habbe thet hi wepen and wrichta winna ni moge and beta
ief him an uppa felle, so ach him thi asega ti delane thet thet sowen
sinra bura wita sken bi tha ethe ther hia tha koninge ti helde sworen,
and bi hiara selva sele, hwoder hi an sinre were so grat god hede thes
deis ther ma hine mith tha stride bigrette. Sedgiath hia him so
grat god, so hi mith
stride bigret warth, so skel hi thet mara strid ongan; ni sedgiath hia
sin god naut so grat, so skel hi thet lessa strid ongan.
(2) Thit is riucht, ther thi ti
swerdkempa thingia wolle, thet hi lessa bigreta ni mei than thria pund
and achte ensa, so is thet thi stridwerthega sket. So skel thi
fria Fresa tha othere an
sinne bannena thinge to thingia en thing, thet othere, thet thredde and
thet fiarde. Etta fiarda thinge so skelma thet strid
weddia. So ist riucht, thet hi enne berend habba
skel, and thi berend so grat god habba thet hi thet stridwerthega sket
al lesta muge; also hine under gretwerd lette, also skel hi under
berendskip stan unt thi strideth sweren is.
(3) Thit is riucht, thet hia etta thinge
thenne eth swora sken and thenne witheth hera. So skel hi tha
hand uppa tha helega lidza
and thi asega skel him thine eth stawia, thet him god also helpe and
tha helega. So ach thi asega thine onthingere monia
thet hi up lidze ief hi riucht habbe. So skel hi tha hand uplidza
and thi
asega skel hem thine eth stawia, thet him god also helpe ande tha
helega. So skel hi swigia and thi other swora. Nu
skelma him stawia thet him god so
helpe ande sine helega, thet hi thine eth riuchte swora and
unmenes. Nu skel hi swigia and thi other kwetha: "so ik thenne
eth riuchte swore and unmenes."
Nu skel hi swigia, and thi other swora,
and thi asega skel him [thene eth] stawia: "so ik hine na birawade an
he and an stre, ner an goda etbera fia." [etc.]
Translation:
(1) This is
the law: if the free Frisian is challenged to an ordeal, and he says
that he has not enough property in his possession to buy a sword and
armor and begin
(still) pay damages if it turns out that he must, the lawsayer must
decree that
seven of his neighbors shall swear, by the oath of loyalty that they
swore to
the king and by their own souls, whether he had that much property in
his
possession on the day when he was challenged to the ordeal. If
they say that he had that much property
when he was challenged, he shall undergo the greater ordeal; if they
declare
that he had not so much, he shall undergo the lesser ordeal.
(2) This is the law as to one who wishes to
settle the case by the sword: that he may not bring a complaint
involving less than
three pounds and eight ounces as the amount in controversy. Thus
the free Frisian shall bring proceedings
against the other party once, a second time, and third, and a
fourth. At the
fourth proceeding a pledge shall be given for the ordeal. And it
is the law
that the defendant shall have a surety and the surety shall have enough
property to pay the entire amount in controversy. As soon as the
complaint has
been spoken to him, he shall be under surety until the ordeal-oath is
sworn.
(3) This is the law: that they
shall swear the
oath in court and hear the counter-oath. The
defendant shall lay his hand on the holy relics and the lawsayer
shell administer the oath to him: “that may God so help him, and the
saints…” Then the lawsayer must bid the
complainant
lay (his hand) thereon, if he is in the right.
So the complainant shall lay his hand on the relics, and the
lawsayer
shell administer the oath to him: “that may God so help him, and the
saints….” Then he shall be silent and the
defendant
swear; Now the oath shall be administered him that “may God and the
saints so
help him that he may swear the oath lawfully and not falsely.” Now he shall be silent and the complainant
say: “…as I may swear the oath lawfully and not falsely.”
Now shall he be silent and the defendants swear,
and the lawsayer administer the oath to him: “ as I have not robbed him
in hay nor
in straw nor in good clean beasts…”
[etc.]
XXXI.
(1) Nu thi strideth sworen is, nu is thet
riucht thet hi ene berend habba skel, ief hine thi borgia ni wolle,
ther hine er borgad hede; so skel hi hine borgia en and tuntich
nachta. ...
Als tha thria and sextich nachta
umbekumen sind, so skel ma thet strid bifiuchta binna tha banne ther
hit binna bisworen is. So ach thi skelta thine kere hwer hi thet
thing ketha lete. Nu agen hia tha kempan ther ti brengane
ther thet strid ledath and ach him thi asega thine kampstal to
wisane. Thi kampstal skel wesa thria and sextich
fota bred, molles fota umbe alle halva; ther agen tha kempan binna ti
wesane and tha gretwerderen, thi skelta and thi asega. Hwaso
ekker ingeth, so is hi twa pund
skeldich tha grewa. Efter tham ther thi skelta bannes
bigent, so ach him thi asega ti delane thet hia binna thrim degem thet
strid bifiuchta sken mith tha sex wepnem. Nu sken tha swerd ewen
lang wesa, ande
thi skelta ande thi asega sken tha wepen skawia and ewende and an
morne. So sken tha wepen an tha kampstal bida
al ther se tha kempan brengath. Hira skel habba aider twa swerd;
ief him
thet other breke iefta unsprenge, thet hi ti tha otherum fe, ief hi
moge. ...
Translation:
(1) Now
that the ordeal–oath has
been sworn, it is law that the defendant shall get a surety, if the man
will
not stand surety for him who has done so till now, and he shall stand
surety
for him for twenty-one days. … When the sixty-thee days [to
get a champion]
are passed, the ordeal shall be fought out within the jurisdiction
where the
oaths were sworn concerning it, and the magistrate shall have the
decision as
to what place he will have proclaimed for the meeting. Now the
champions must be brought there, who
are to perform the ordeal, and the lawsayer point out the ring to them.
The rings shall be sixty-three feet wide—that
is standard feet—measured each way; the champions and the umpires shall
be
inside it, and the magistrate and the lawsayer; anyone else who goes
inside is
liable to the governor for two pounds.
Next, after the magistrate has opened the proceedings, the lawsayer
must
decree that they shall fight out the ordeal in three days with six
swords. The swords shall be of the same length, and
the magistrate and lawsayer shall examine them into the evening and
morning. They shall remain in the ring
where the champions put them. Each
champion shall have two swords, so that if the one breaks or flies out
of his
hand he may take up the other if he can.
XXXII.
Thit is riucht, thet thi grewa ther hir
ban leth thes fiarda ieris bodthing halda mot ther hi wolle. Thit
is riucht ho hise halda wolle, thet
ma hia ketha skel et allar haudkerkena likum thi prester efter Cristis
morne [er ieresdei] thet hia thi grewa halda welle efter sumeres nacht
er lettera ewennacht. ...
Translation:
This is the
law: the governor who has jurisdiction here may hold the bodthing
[a popular assembly or moot that functioned like a court] every four years if he wishes. This
is the law when he wishes to hold it: the
priest shall announce at every headchurch between Christmas and New
Year’s Day
that the governor will hold it between Midsummer Night and the second
equinox. …
XXXVII.
Thit is riucht ief ther en owerlendich
man sterfth, so ach thi frana sin god ti bifane, ier and dei ti
haldene; ief ther sinra eng efter kumth binna iere and binna dei, tha
erfnama ti iewane. Ief ther nemma [efter] ni kumme, thi
frana ti habbane thine half del, and thruch sine sele thine other del.
Translation:
This is the law: if
the free Frisian has attended three duly
held sessions of court during the year, the magistrate cannot go behind
his
oath regarding his attendance at the other sessions.
XLVIII.
(1) Thit is riucht, alder ma ene manne
sin god ofstelt and hi kumith mith tha frana bi thes bures huse and hi
ther seka wolle, so skel hi orlewes bidda ande thet god nemma ther hi
ther inne seka welle. Nu ist riucht thet hi(t) him fregia skel,
hot hi seka wolle; so skel hit namnia. Ief hit so den god se thet
ma hit muge an
hande [bi]luka iefta under skate bihella, so skel thi frana ingan and
sowen mith hem thes koninges orkendan mith gripianda handem and ermem,
and unegerd and uneskoch and wraxle, thet ma nen god indrega ni muge
ther hia skathia methe muge tha unskeldega manne. Ief hia thet
[thiuftigade] god ther inne
findath, is hit en willen klath and hit se uneferwad, so mot hit to
sine inuerke tian, thet hi tha skep hede [ther tha ulle drogen, ther
thet klath fan makad worde]. Ief hit linnen is so mot hit to sine
eckere tian, thet hit ther on were [thet flax ther on woxe] ther hi
thet klath of makade. So sken it swera twene sinra bura thet hi
alsoden land hede ther thet flax on waxa machte, iefta hi tha skep
hede, ther ma tha ulle of skara machte. Ief hit wrocht gold is,
so mot hit to
[sine] inwerke tian; ief hit unwrocht is, so skel hit to sine werende
tian, iefta ti tha tolneda merkede, [iefta to ene feld farende
manne.] ...
Translation:
(1) This is the law: where a man’s goods are stolen
and he
comes with a magistrate to his neighbor’s house and wishes to search
it, he
shall ask leave, and state what he wishes to search for. Now it
is the law that the suspect shall
first ask him what it is that he wishes to search for, and then he
shall name
it. If it be the sort of thing that can
be hidden in the hand or under the coat, the magistrate shall go in
with seven
of the Kings witnesses, with open hands and arms, ungirt and unshod,
and let
him shake (them) that no property may be carried in with which they
might
injure an innocent man. If they find the
stolen property inside, and it is woolen cloth and not dyed, let him
show that
it is his own manufacture (claiming) that he owned the sheep that grew
the wool
from which the coat was made. If it is linen, let him show that
it came from his farm, claiming that the flax grew on it out of which
the cloth was made. In that
case two of his neighbors shall swear that he had such land as the flax
might
have grown on, or sheep from which the wool could have been sheared. If
it is
wrought gold, let him show that it is his own manufacture; If it is
unwrought
gold, he must show that it came from a bailor, or the toll-market, or a
traveler.
LV.
(1) Thit is riucht so hwer so thi skelta
en thing halt, thet hi skel biada [riucht] aller mannalikum, ief him
emma autis bitigath [so skel hi tian] lada and bota. Ief him emma
than aut up spreka welle, so
skel thi huskerl [selva] tha bannere biada thet hi thine skelta
askie. So skel thi bannare kwatha: "Her skelta,
ik askie io and banne io ther to mith mines hera banne thet i tha manne
riucht andwerd iowe." Ief hi nelle, so ne ach him nimma iowa lada
ner
bota, ner nimma sine ban thelda. ...
Translation:
(1) This is the law: that whenever the magistrate holds court,
he shall offer legal satisfaction to all men alike.
If any man accuses him of anything, the
magistrate shell tender him oaths and compensation.
If it is desired to make any claim against
him, let the freeman himself instruct the sheriff to make instructions
upon the
magistrate. Then the sheriff must
say: “Sir magistrate, I demand of you and charge you, by the authority
of my
lord, that you give this man a proper answer.” If
the magistrate will not (do so), no man need tender him oaths
or compensation, nor obey his orders.