III. THE GRADATIONS OF SOCIAL RANK DISCLOSED BY THE WERGELDS ETC.
We are now able to devote attention to the interesting question of the gradations in social rank under Norse tribal custom. And we are fortunate to have the guidance of Dr. Konrad von Maurer’s valuable paper written in 1878 and entitled ‘Die Freigelassenen nach altnorwegischem Rechte.’
Grades of social rank in the churchyard.
Although tribal custom, viewed as we view it after the acceptance of Christianity, may not be altogether what it was originally in its actual working, yet still it is worth while to seek for the principles underlying the separating lines between social conditions as revealed in the laws. So far as they can be discovered, they are sure to be instructive, for they cannot have been the result of the sudden change in religion. Their roots at any rate go far back into tribal custom, however much, as in other cases, the Church may have adopted and modified what it could not eradicate.
The hard lines of distinction between social classes were kept up even in the churchyard.
Kirkiu garðe er skipt í fiórðonga til griæftar. Skall grafua lænda menn austan at kirkiu oc í landsuðr undir vxa [v.r. upsa] dropa, ef þæir æigu lut í kirkiu giærð. En ef þæir æigu æigi lut í kirkiu giærð, þá skullu þæir liggia í bónda legho, þá skall grafua hauldzmen oc þæira börn.
The churchyard is divided into four quarters for burial. Lendmen shall be buried to the east and south-east of the church, under the eaves-drop, if they have taken part in the building of the church. But if they have not done that, they shall lie in the burial place of a bónde. Next to them shall be buried haulds and their children.
En nest kirkiu garðe, þá skall grafua hión manz, oc þá menn er rekner ero at siofuar strandu oc hafua hárskurði norœna. En ef maðr læggær man í frials-giæfua lego, sæckr vj aurum. En ef maðr græfuer frials-giæfua í lœysinga lego, sæckr xij aurum. Græfuer lœysingia í hauldmanz lego, sæckr iij mörkum.
And next to the churchyard wall shall be buried the servants (thralls) of a man, and those who are cast upon the sea shore and whose hair is cut in the Norwegian manner. If a man buries a thrall in the burying-place of a frialsgiaf, he is liable to pay 6 aurar. If a man buries a frialsgiaf in the burial-place of a leysing, he is liable to pay 12 aurar. If he buries a leysing in the burial-place of a hauld, he is liable to pay three marks. (Borgarthing law 13.)