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XXIII.—On the Land of Ditmarsh, and the Mark Confederation. Communicated by Benjamin Williams, Esq. F.S.A. and F.R.G.S. in a Letter to Rear-Admiral Smyth, K.S.F., F.S.A. &c. &c.
Published online by Cambridge University Press: 25 January 2012
Extract
That excellent scholar the lamented Kemble has pointed out the correspondence which exists between the mortuary urns of our ancestors, the borderers on the Elbe and the Eider, and many of our own. The same correspondence may be expected to be found in the institutions we have in common, and I now beg to submit to the Society of Antiquaries some account of probably the most striking example of the old Mark Confederation, the foundation of our elective institutions. In the republican community of Ditmarsh—which existed till the promulgation of the new Danish Code of Laws in 1554—we may see the germ of our power of self-government and of our jury system. Their system of house-marks was certainly once in use amongst our own yeomen, although now nearly obsolete; a system which throws, I think, considerable light on the papers on the Hide of Land and certain Manorial Customs, which, through your encouragement, I submitted to the Society, and which are printed in Volumes XXXIII. and XXXV. of the Archæologia.
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References
page 371 note a The reader is referred to Kemble's “Saxons in England ” for an explanation of the markland—the uncultivated land that bordered the settlement. The modern words marches and lords marchers are only corruptions of A.-S. mearc.
page 372 note a Neocorus der Dithmersche, von Dr. F. C. Dahlmann. Kiel, 1818.
page 372 note b Johann Adolfis genannt Neocorus, Chronik des Landes Dithmarschen, von Professor F. C. Dahlmann., 2 vols. 8vo. Kiel, 1827.
page 372 note c Sammlung Altdithmarscher Rechtsquellen von A. L. J. Michelsen. Altona, 1842. His former work has also been consulted, Urkunden-sammlung zur Geschicht von Dithmerschen. Kiel, 1839; and the same author's Nordfriesland im Mittelalter. Schleswig, 1828.
page 373 note a The similarity of their proverbs and phrases is remarkable; ex. gra. Flo und ebb, Sink oder swim, Slick un slamm, Quit und frie, &c. The most important publication in the Ditmarsh language is a pleasing collection of pastoral poems, called “Quickborn ” (Hamburgh, 1857), to which is prefixed a précis of the language by Professor Müllenhoff of Kiel. See a notice in the Gent. Mag. for Nov. 1857.
page 373 note b The termination ing is Gothic, pratus, pascuum (Lye), as in Reading, &c.
page 373 note c It is worthy of remark that the men of Frisian and the men of Saxon descent were often in opposition in the troublous times which succeeded the Reformation.
page 374 note a Geest, Old Frisian geste, mediaeval Lat. gastum, is the elevated sandy, wood and heather land towards the east of the country. It was partitioned into hoppeln by mounds and quick-set hedges, called knicken, and so called because they are cut every three or four years.
page 375 note a Women of bad life were burnt, and their relatives assisted at the execution. Traitors and murderers were beheaded.
page 375 note b Schleswig-Holsteinische Provinzial-Berichte for 1793, p. 114. Even now, in Sweden, the word Nämd is customary, which signifies a committee elected as assessors of justice; for example, Tolfmanna Nämd, the committee of twelve Bauern, elected as assessors in the administration of the district.—Idem.
page 376 note a See his very able work on the Mark, Hof, Dorf, and Stadt Verfassung; Munich, 1854: also, a Treatise on the Holsteinische Adel, by Professor Nitsch, of Kiel.
page 377 note a See Codex Dipl. No. 232.
page 377 note b The place of the national assembly was in open air on the heath, where afterwards the town of Heide was built. All questions of peace or war, and important changes in the laws were decided in this assembly. In like manner Ecgberht of Wessex made his grants, “Cum licencia et consensu totius nostræ gentis.”—Cod. Dipl. No. 236.
page 378 note a When a stranger was admitted into a Geschlecht, he agreed “to stand by,” or be judged by, six men out of his Klüft, or division of the Gesohlecht. Compare the following extract from a Coroner's Roll, 23d Edw. I “They say they are not guilty, and place themselves upon 12 sworn men.” (Norfolk Archæol. Soc. iv. 244.)
page 378 note b “So belake ik Grete Rymern Wedder myne Marke und alle mine Acker.” “Alle unsere Meneweide oder Marke van Grasinge, Heyde und Mohr.”—Bequests, anno 1496, Michelsen, Alt-Dithm. Rechtsquellen, p. 335.
page 378 note c Right of 1447, section 87.
page 378 note d There is only a very short Glossary of this dialect. The quotation is taken from a “Bundeniss ” in Neocorus.
page 378 note e Neither the Roman and Canonical Rights, or the Saxon Lage, or the Satute of Lubeck were incorporated into their code.
page 379 note a The people of Prague, in Bohemia, appear also to have retained this right, for the small iron grate which held the fire in which the finger of the party on trial was put, still remains in the wall of one of the chapels of the cathedral of that interesting city.
page 379 note b The Lord Warden of the Tinners, in Cornwall, empanels a jury of twenty-four in important cases. Seaford and other chartered boroughs had also juries of twenty-four.
page 380 note a See the Erdbueh of King Waldemar II. in Langebek. This ancient geometrical measure was introduced by the Danes into Normandy in the tenth century; witness an entry in the Register of the Abbey of Gisors,” Antiquo fune geometricali Francorum et Danorum metito coUimitat.”
page 353 note b See a Treatise by Waitz, Uber die Altdeutsehe Hufe, in the Proceedings of the Royal Society of Science at Gottingen, vol. vi. anno 1853–5. Also Haxthausen, Uber die Paderbarnische Hufe.
page 381 note a In the translation of Matt, xxvii. 35, and John xix. 24, tán stands for loos. Tán is the mediæval Lat. tenus, a twig, the tenis of the Lex Frisonum, Dutch and Swedish teen, Gothic tains, Old Norse teinn, High Germ, zein, zain, zen. The modern Germ, los, Ditmarsh loos, from an extinct verb liessen, A. S. hleótan, præt. hleát, pi. hluton—Homeyer, on the Germ. Lot, in the Transactions of the Berlin Acad. Dec. 1853. “They let among themselves the twig (tán) decide which of them first should for a supply of food his life give up.”—Vercelli Codex, quoted by Kemble, Archæol. xxviii. 332.
page 381 note b Skot is a Danish word, signifying refugiun, jaculum.—Langebek, Scrip. Rer. Dan. Ihre calls Skott, collatio, pensio quod a plurimis in publicum confertur, and with us it was a synonym for a reckoning; but Scotatio, in the Danish laws of the thirteenth century, was the act of admission to an estate by a clod thrown into the hands of witnesses for the purchaser.—See Michelsen's Festuca Notata. In important cases the livery and seisin of land by “turf and twig” is still customary in Schleswic, as in England.
page 381 note c Dr. Hanus on Sclavonian Runes, 18th No. of the “Archiv ” of the Imperial Austrian Academy of Science, p. 39.
page 381 note d In the year 1854 the writer exhibited to the Society a bronze javelin-head found on this manor. Precisely similar ones were found in Ditmarsh, and are now preserved in the Berlin Museum. They prove the identity of the earlier races. The Anglo-Saxon Cemetery at Brighthampton is in a hamlet of the same parish. A spiral finger-ring in bronze was found there, similar to those found in Ditmarsh. Florence of Worcester (Appendix) describes the South Angles as reaching to Dorchester-on-the-Thames, and the country-people have the Anglian peculiarities of dialect mentioned by Dr. Donaldson in his Cambridge Essays, as ship for sheep, yate for gate, &c. The Norse or Danish element is also plainly perceptible there. A corner field at Aston is called the hucket; Dan. huk, an angle or corner. It should be borne in mind that this parish is situated on the Thames. The name of Brihtnotus, a celebrated Danish Dux, often occurs in connection with lands in the vicinity.
page 382 note a Supplement to Dr. Giles's History of Bampton.
page 382 note b Transactions of the Royal Academy of Berlin, Dec. 1853.
page 383 note a The quotations are to be found in Michelsen's copious treatise, entitled Die Hausemarke, Jena, 1853, p. 14; that from the Lex Salica, x. 2, is remarkable, “Si quis animal in furtum pinxerit,” i.e. shall mark, writing being unknown at that period among the Goths. W. Grimm is undecided as to whether the nota impressa on the lot-sticks of Tacitus (De morib. Germ. cap. 10) were marks or runes. In Homer each marks his own lot, generally on a potsherd, and the lots are thrown into a helmet: the first which leapt out was the winning lot. Compare the χάραγμα of Revelations, xiii. 17, with Ezekiel, ix. 4, and with the quotation in Archæol. xxviii. 329.
page 385 note a Transactions of the Royal Academy of Berlin, Dec. 1853, p. 747.
page 385 note b Michelsen, p. 54. See Lersner's Frankfort Chron. No. 98, the shield of Stephan v. Cronstett; also No. 134.
page 386 note a For examples of yeomen's marks in England in the sixteenth century, see Sussex Archæol. Collections, vol. vii. p. 149. The Inquisitions post mortem, from Henry VII. to Charles II. abound with yeomen's marks as signatures, other than crosses. The writer has a deed of the time of Charles II. with at least twenty of such marks.
page 387 note a All alphabets, remarks J. Grimm (Vienna Yahr-buch for 1828, s. 41), the Hebrew, Greek, Kunic, Slavonian, and Irish, borrow, in part, characters and names from one another. “Every original tradition we Anglo-Saxons cherish is but a ray of morning light, flitting though it be, projected from the aurora of our Eastern homes.”—Types of Mankind, by Dr. Nott and others, p. 468.
page 388 note a The headless, that is apparently the cross without a head, the well-known rune tyr, tio, zio, i. e. God, through the form tius in the Sanskrit djaus, and the Greek διος ευς. Intimately connected with this sign, and, indeed, only modifications of it, are the marks and —Hanus, op. cit. p. 98.
page 388 note b It is too remarkable to be overlooked, that the marks called the shell and the hand-reel (Ex. 6 and 10) are both late Glagolical letters; connected with the former is the letter and rune which appears in the woolstaplers' marks.—Hanus, pp. 84 et seq. The marks called the peel, the duck's-nest, and the mare'stail are Greek letters; the first two are Etruscan also, as well as symbols of the sun and moon; the oven is one of the earliest known pictorial letters, and looks very Celtic. (Recueil d'Alphabets Orientaux Anciens, Plate viii. Paris, chez T. Barrois, 1784; and Ancient Alphabets translated by Joseph Hammer.) In a communication, with which I have been favoured by Dr. Hanus, he remarks that the connection of our marks with runes is, in his opinion, unquestionable. The Doctor adds, that the Glagolical alphabet was introduced amongst the Slavonians by St. Cyril; the alphabet, called falsely Kyrillican, he attributes to some of the young coadjutors of St. Cyril in the conversion of the Slaves, originating with the Bulgarian Bishop Clemens.
page 388 note c The Brandy-corner-hám is known in the manor of Aston as the inclosure where the cattle were branded. The marks of this county were cut on apples, and drawn from a tub. The last allotment recorded in the parish deeds was in 1794. At the allotment there was a revel. The latter-math of four acres was sold to pay the expenses for a sack of malt (to brew half a hogshead of beer), also some bread and cheese, butter, pipes, and tobacco. Two inches of candle were also provided, during the burning of which the grass was sold. If any person attempted to light his pipe at this candle he was fined one shilling. The fine of a tun of Hamburgh beer occurs frequently in the Rights of Lunden, in Ditmarsh, and the price of country-brewed beer was fixed by statute at 12s. the tun.
page 389 note a Ueber die Festuca Notata, und die Germanische Traditions-symbolik. Jena, 1856.
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