The two classes of leysings or freedmen before and after making ‘freedom ale.’
Referring to the gradations of rett, it will be seen that there are apparently two classes of leysings, whose social condition was next above the thrall at the bottom of the ladder.
This was first made clear by Konrad von Maurer. The thrall who by purchase or by gift had been made a ‘freedman’ (frials-giafi) had only taken the first step towards even that limited amount of freedom which belonged to the leysing. Another step had to be made good before he became a full leysing. And the step was accomplished by the ceremony of ‘making his freedom ale.’
The leysing before ‘making his freedom ale’ was still so far the property of his master that his children did not inherit his goods. They belonged to his master.
Nú ero brœðr tveir fœdder upp ánauðgir at eins mannz, oc ero þeir bæðe brœðr oc fostbrœðr, oc leysasc þeir undan drótne sínum, oc firrasc eigi fóstr, eigu saman verc oc orco, þá kemr hvartveggia þeirra til annars arfs. Börn þeirra koma eigi til, nema þeir geri frælsis öl sitt.
If two brothers are brought up as thralls at one man’s house, and are both brothers and foster brothers, and they are freed by their master and continue in fosterage, and have their work and employment together, then either of them inherits from the other. Their children do not inherit from them unless they make their freedom ale. (Gulathing, 65.)
This passage shows that the link of blood-relationship between two brothers and foster brothers, by reason of their being fostered together, in the case of thralls was recognised before that between parent and child. It was the fosterage in this case which had forged the link. Blood-relationship in thraldom counted for nothing.
The ‘making a freedom ale,’ first step to freedom.
The ceremony of ‘making a freedom ale’ is thus described, in the two laws.
Nú vill leysingi ráða kaupum sínum oc kvánföngum, þá scal hann gera frælsis öl sitt, þriggja sálda öl hit minzta, oc bióða skapdrótne hans til með váttom, oc bióða eigi sökunautum hans til, ok sissa hánom í öndvege, oc leggia .vi. aura í skáler hinn fysta eftan, oc bióða hánom leysings aura. Nu ef hann tecr við, þá er vel. En ef hann gefr upp, þá er sem golldet sé.