The Danish History, Books I-IX. Grammaticus Saxo
mace or club.
The strength of this tradition sufficiently explains the necessity of the great oath against magic taken by both parties in a wager of battle in Christian England.
The chief combats mentioned by Saxo are:—
Sciold v. Attila. Sciold v. Scate, for the hand of Alfhild. Gram v. Swarin and eight more, for the crown of the Swedes. Hadding v. Toste, by challenge. Frode v. Hunding, on challenge. Frode v. Hacon, on challenge. Helge v. Hunding, by challenge at Stad. Agnar v. Bearce, by challenge. Wizard v. Danish champions, for truage of the Slavs. Wizard v. Ubbe, for truage of the Slavs. Coll v. Horwendill, on challenge. Athisl v. Frowine, meeting in battle. Athisl v. Ket and Wig, on challenge. Uffe v. Prince of Saxony and Champion, by challenge. Frode v. Froger, on challenge. Eric v. Grep's brethren, on challenge, twelve a side. Eric v. Alrec, by challenge. Hedin v. Hogni, the mythic everlasting battle. Arngrim v. Scalc, by challenge. Arngrim v. Egtheow, for truage of Permland. Arrow-Odd and Hialmar v. twelve sons of Arngrim Samsey fight. Ane Bow-swayer v. Beorn, by challenge. Starkad v. Wisin, by challenge. Starkad v. Tanlie, by challenge. Starkad v. Wasce—Wilzce, by challenge. Starkad v. Hame, by challenge. Starkad v. Angantheow and eight of his brethren, on challenge. Halfdan v. Hardbone and six champions, on challenge. Halfdan v. Egtheow, by challenge. Halfdan v. Grim, on challenge. Halfdan v. Ebbe, on challenge, by moonlight. Halfdan v. Twelve champions, on challenge. Halfdan v. Hildeger, on challenge. Ole v. Skate and Hiale, on challenge. Homod and Thole v. Beorn and Thore, by challenge. Ref. v. Gaut, on challenge. Ragnar and three sons v. Starcad of Sweden and seven sons, on challenge.
CIVIL PROCEDURE.—"Oaths" are an important art of early procedure, and noticed by Saxo; one calling the gods to witness and therefor, it is understood, to avenge perjury if he spake not truth.
"Testification", or calling witnesses to prove the steps of a legal action, was known, "Glum's Saga" and "Landnamaboc", and when a manslayer proceeded (in order to clear himself of murder) to announce the manslaughter as his act, he brings the dead man's head as his proof, exactly as the hero in the folk-tales brings the dragon's head or tongue as his voucher.
A "will" is spoken of. This seems to be the solemn declaration of a childless man to his kinsfolk, recommending some person as his successor. Nothing more was possible before written wills were introduced by the Christian clergy after the Roman fashion.
STATUTE LAWS.
"Lawgivers".—The realm of Custom had already long been curtailed by the conquests of Law when Saxo wrote, and some epochs of the invasion were well remembered, such as Canute's laws. But the beginnings were dim, and there were simply traditions of good and bad lawyers of the past; such were "Sciold" first of all the arch-king, "Frode" the model lawgiver, "Helge" the tyrant, "Ragnar" the shrewd conqueror.
"Sciold", the patriarch, is made by tradition to fulfil, by abolishing evil customs and making good laws, the ideal of the Saxon and Frankish Coronation oath formula (which may well go back with its two first clauses to heathen days). His fame is as widely spread. However, the only law Saxo gives to him has a story to it that he does not plainly tell. Sciold had a freedman who repaid his master's manumission of him by the ingratitude of attempting his life. Sciold thereupon decrees the unlawfulness of manumissions, or (as Saxo puts it), revoked all manumissions, thus ordaining perpetual slavery on all that were or might become slaves. The heathen lack of pity noticed in Alfred's preface to "Gregory's Handbook" is illustrated here by contrast with the philosophic humanity of the Civil Law, and the sympathy of the mediaeval Church.
But FRODE (known also to the compiler of "Beowulf's Lay", 2025) had, in the Dane's eyes, almost eclipsed Sciold as conqueror and lawgiver. His name Frode almost looks as if his epithet Sapiens had become his popular appellation, and it befits him well. Of him were told many stories, and notably the one related of our Edwin by Bede (and as it has been told by many men of many rulers since Bede wrote, and before). Frode was able to hang up an arm-ring of gold in three parts of his kingdom that no thief for many years dared touch. How this incident (according to our version preserved by Saxo), brought the just king to his end is an archaic and interesting story. Was this ring the Brosinga men?
Saxo has even recorded the Laws of Frode in four separate bits, which we give as A, B, C, D.
A. is mainly a civil and military code of archaic kind:
(a) The division of spoil shall be—gold to captains, silver to privates, arms to champions, ships to be shared by all. Cf. Jomswickinga S. on the division of spoil by the law of the pirate community of Jom.
(b) No house stuff to be locked; if a man used a lock he must pay a gold mark.
(c) He who spares a thief must bear his punishment.
(d) The coward in battle is to forfeit all rights (cf. "Beowulf", 2885).
(e) Women to have free choice (or, at least, veto) in taking husbands.
(f) A free woman that weds a slave loses rank and freedom (cf. Roman Law).
(g) A man must marry a girl he has seduced.
(h) An adulterer to be mutilated at pleasure of injured husband.
(i) Where Dane robbed Dane, the thief to pay double and peace-breach.
(k) Receivers of stolen goods suffer forfeiture and flogging at most.
(l) Deserter bearing shield against his countrymen to lose life and property.
(m) Contempt of fyrd-summons or call to military service involves outlawry and exile.
(n) Bravery in battle to bring about increase in rank (cf. the old English "Ranks of Men").
(o) No suit to lie on promise and pledge; fine of a gold lb. for asking pledge.
(p) Wager of battle is to be the universal mode of proof.
(q) If an alien kill a Dane two aliens must suffer. (This is practically the same principle as appears in the half weregild of the Welsh in West Saxon Law.)
B. An illustration of the more capricious of the old enactments and the jealousy of antique kings.
(a) Loss of gifts sent to the king involves the official responsible; he shall be hanged. (This is introduced as illustration of the cleverness of Eric and the folly of Coll.)
C. Saxo associates another set of enactments with the completion of a successful campaign of conquest over the Ruthenians, and shows Frode chiefly as a wise and civilising statesman, making conquest mean progress.
(a) Every free householder that fell in war was to be set in his barrow with horse and arms (cf. "Vatzdaela Saga", ch. 2).
The body-snatcher was to be punished by death and the lack of sepulture.
Earl or king to be burned in his own ship.
Ten sailors may be burnt on one ship.
(b) Ruthenians to have the same law of war as Danes.
(c) Ruthenians must adopt Danish sale-marriage. (This involves the abolition of the Baltic custom of capture-marriage. That capture-marriage was a bar to social progress appears in the legislation of Richard II, directed against the custom as carried out on the borders of the Palatine county of Chester, while cases such as the famous one of Rob Roy's sons speak to its late continuance in Scotland. In Ireland it survived in a stray instance or two into this century, and songs like "William Riley" attest the sympathy of the peasant with the eloping couple.)
(d) A veteran, one of the Doughty, must be such a man as will attack one foe, will stand two, face three without withdrawing more than a little, and be content to retire only before four. (One of the traditional folk-sayings respecting the picked men, the Doughty or Old Guard, as distinguished from the Youth or Young Guard, the new-comers in the king's Company of House-carles. In Harald Hardrede's Life the Norwegians dread