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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 those English house-carles, "each of whom is a match for four," who formed the famous guard that won Stamford Bridge and fell about their lord, a sadly shrunken band, at Senlake.)

(f) The house-carles to have winter-pay. The house-carle three pieces of silver, a hired soldier two pieces, a soldier who had finished his service one piece.

(The treatment of the house-carles gave Harald Harefoot a reputation long remembered for generosity, and several old Northern kings have won their nicknames by their good or ill feeding and rewarding their comitatus.)

D. Again a civil code, dealing chiefly with the rights of travellers.

(a) Seafarers may use what gear they find (the "remis" of the text may include boat or tackle).

(b) No house is to be locked, nor coffer, but all thefts to be compensated threefold. (This, like A, b, which it resembles, seems a popular tradition intended to show the absolute security of Frode's reign of seven or three hundred years. It is probably a gloss wrongly repeated.)

(c) A traveller may claim a single supper; if he take more he is a thief (the mark of a prae-tabernal era when hospitality was waxing cold through misuse).

(d) Thief and accomplices are to be punished alike, being hung up by a line through the sinews and a wolf fastened beside. (This, which contradicts A, i, k, and allots to theft the punishment proper for parricide, seems a mere distorted tradition.)

But beside just Frode, tradition spoke of the unjust Kinge HELGE, whose laws represent ill-judged harshness. They were made for conquered races, (a) the Saxons and (b) the Swedes.

(a) Noble and freedmen to have the same were-gild (the lower, of course, the intent being to degrade all the conquered to one level, and to allow only the lowest were-gild of a freedman, fifty pieces, probably, in the tradition).

(b) No remedy for wrong done to a Swede by a Dane to be legally recoverable. (This is the traditional interpretation of the conqueror's haughty dealing; we may compare it with the Middle-English legends of the pride of the Dane towards the conquered English. The Tradition sums up the position in such concrete forms as this Law of Helge's.)

Two statutes of RAGNAR are mentioned:—

(a) That any householder should give up to his service in war the worst of his children, or the laziest of his slaves (a curious tradition, and used by Saxo as an opportunity for patriotic exaltation).

(b) That all suits shall be absolutely referred to the judgment of twelve chosen elders (Lodbroc here appearing in the strange character of originator of trial by jury).

"Tributes".—Akin to laws are the tributes decreed and imposed by kings and conquerors of old. Tribute infers subjection in archaic law. The poll-tax in the fourteenth century in England was unpopular, because of its seeming to degrade Englishmen to the level of Frenchmen, who paid tribute like vanquished men to their absolute lord, as well as for other reasons connected with the collection of the tax.

The old fur tax (mentioned in "Egil's Saga") is here ascribed to FRODE, who makes the Finns pay him, every three years, a car full or sledge full of skins for every ten heads; and extorts one skin per head from the Perms. It is Frode, too (though Saxo has carved a number of Frodes out of one or two kings of gigantic personality), that made the Saxons pay a poll-tax, a piece of money per head, using, like William the Conqueror, his extraordinary revenue to reward his soldiers, whom he first regaled with double pay. But on the conquered folks rebelling, he marked their reduction by a tax of a piece of money on every limb a cubit long, a "limb-geld" still more hateful than the "neb-geld."

HOTHERUS (Hodr) had set a tribute on the Kurlanders and Swedes, and HROLF laid a tribute on the conquered Swedes.

GODEFRIDUS-GOTRIC is credited with a third Saxon tribute, a heriot of 100 snow-white horses payable to each Danish king at his succession, and by each Saxon chief on his accession: a statement that, recalling sacred snow-white horses kept in North Germany of yore makes one wish for fuller information. But Godefridus also exacted from the Swedes the "Ref-gild", or Fox-money; for the slaying of his henchman Ref, twelve pieces of gold from each man of rank, one from every commoner. And his Friesland tribute is stranger still, nor is it easy to understand from Saxo's account. There was a long hall built, 240 feet, and divided up into twelve "chases" of 20 feet each (probably square). There was a shield set up at one end, and the taxpayers hurled their money at it; if it struck so as to sound, it was good; if not, it was forfeit, but not reckoned in the receipt. This (a popular version, it may be, of some early system of treasury test) was abolished, so the story goes, by Charles the Great.

RAGNAR'S exaction from Daxo, his son's slayer, was a yearly tribute brought by himself and twelve of his elders barefoot, resembling in part such submissions as occur in the Angevin family history, the case of the Calais burgesses, and of such criminals as the Corporation of Oxford, whose penance was only finally renounced by the local patriots in our own day.

WAR

"Weapons".—The sword is the weapon par excellence in Saxo's narrative, and he names several by name, famous old blades like our royal Curtana, which some believed was once Tristrem's, and that sword of Carlus, whose fortunes are recorded in Irish annals. Such are "Snyrtir", Bearce's sword; "Hothing", Agnar's blade; "Lauf", or "Leaf", Bearce's sword; "Screp", Wermund's sword, long buried and much rust-eaten, but sharp and trusty, and known by its whistle; Miming's sword ("Mistletoe"), which slew Balder. Wainhead's curved blade seems to be a halbert; "Lyusing" and "Hwiting", Ragnald of Norway's swords; "Logthe", the sword of Ole Siward's son.

The "war-club" occurs pretty frequently. But it is usually introduced as a special weapon of a special hero, who fashions a gold-headed club to slay one that steel cannot touch, or who tears up a tree, like the Spanish knight in the ballad, or who uses a club to counteract spells that blunt steel. The bat-shapen archaic rudder of a ship is used as a club in the story of the Sons of Arngrim.

The "spear" plays no particular part in Saxo: even Woden's spear Gungne is not prominent.

"Bows and arrows" are not often spoken of, but archer heroes, such as Toki, Ane Bow-swayer, and Orwar-Odd, are known. Slings and stones are used.

The shield, of all defensive armour, is far the most prominent. They were often painted with devices, such as Hamlet's shield, Hildiger's Swedish shield. Dr. Vigfusson has shown the importance of these painted shields in the poetic history of the Scandinavians.

A red shield is a signal of peace. Shields are set round ramparts on land as round ships at sea.

"Mail-coats" are worn. Frode has one charmed against steel. Hother has another; a mail-coat of proof is mentioned and their iron meshes are spoken of.

"Helmets" are used, but not so carefully described as in "Beowulf's Lay"; crested helmets and a gilded helmet occur in Bearca-mal and in another poem.

"Banners" serve as rallying points in the battle and on the march. The Huns' banners are spoken of in the classic passage for the description of a huge host invading a country. Bearcamal talks of golden banners.

"Horns"¹ were blown pp at the beginning of the engagement and for signalling. The gathering of the host was made by delivery of a wooden arrow painted to look like iron.

"Tactics".—The hand-to-hand fight of the wager of battle with sword and shield, and the fighting in ranks and the wedge-column at close quarters, show that the close infantry combat was the main event of the battle. The preliminary hurling of stones, and shooting of arrows, and slinging of pebbles, were harassing and annoying, but seldom sufficiently important to affect the result of the main engagement.

Men ride to battle, but fight on foot; occasionally an aged king is car-borne to the fray, and once the car, whether by Saxo's adorning hand, or by tradition, is scythe-armed.

The gathered host is numbered, once, where, as with Xerxes, counting was too difficult, by making each man as he passed put a pebble in a pile (which piles survive to mark the huge size of Frode's army). This is, of course, a folktale, explaining the pebble-hills and illustrating the belief in Frode's power; but armies were mustered by such expedients of old. Burton tells of an African army each man of whom presented an egg, as a token of his presence and a means of taking the number of the host.

We hear of men marching in light order without even scabbards, and getting over the ice in socks.

The war equipment and habits of the Irish, light armoured, clipped at back of head, hurling the javelin backwards in their feigned flight; of the Slavs, small blue targets and long swords; of the Finns, with their darts and skees, are given.

Watches are kept, and it is noted that "uht", the early watch after midnight, is the worst to be attacked in (the duke's two-o'clock-in-the-morning courage being needed, and the darkness and cold helping the enemy).

Spies were, of course, slain if discovered. But we have instances of kings and heroes getting into foeman's camps in disguise (cf. stories of Alfred and Anlaf).

The order of battle of Bravalla fight is given, and the ideal array of a host. To Woden is ascribed the device of the boar's head, hamalt fylking (the swine-head array of Manu's Indian kings), the terrible column with wedge head which could cleave the stoutest line.

The host of Ring has men from Wener, Wermland, Gotaelf, Thotn, Wick, Thelemark, Throndham, Sogn, Firths, Fialer, Iceland; Sweden, Gislamark, Sigtun, Upsala, Pannonia.

The host of Harold had men from Iceland, the Danish provinces, Frisia, Lifland; Slavs, and men from Jom, Aland, and Sleswick.

The battle of Bravalla is said to have been won by the Gotland archers and the men of Throndham, and the Dales. The death of Harald by treachery completed the defeat, which began when Ubbe fell (after he had broken the enemy's van) riddled with arrows.

The defeated, unless they could fly, got little quarter. One-fifth only of the population of a province are said to have survived an invasion. After sea-battles (always necessarily more deadly) the corpses choke the harbours. Seventy sea-kings are swept away in one sea-fight. Heads seem to have been taken in some cases, but not as a regular Teutonic usage, and the practice, from its being attributed to ghosts and aliens, must have already been considered savage by Saxo, and probably by his informants and authorities.

Prisoners were slaves; they might be killed, put to cruel death, outraged, used as slaves, but the feeling in favour of mercy was growing, and the cruelty of Eormenric, who used tortures to his prisoners, of Rothe, who stripped his captives, and of Fro, who sent captive ladies to a brothel in insult, is regarded with dislike.

Wounds were looked on as honourable, but they must be in front or honourably got. A man who was shot through the buttocks, or wounded in the back, was laughed at and disgraced. We hear of a mother helping her wounded son out of battle.

That much of human interest centered round war is evident by the mass of tradition that surrounds the subject in Saxo, both in its public and private aspects. Quaint is the analysis of the four kinds of warriors: (a) The Veterans, or Doughty, who kill foes and spare flyers; (b) the Young men who kill foes and flyers too; (c) the well-to-do, landed, and propertied men of the main levy, who neither fight for fear nor fly for shame; (d) the worthless, last to fight and first to fly; and curious are the remarks about married and unmarried troops, a matter which Chaka pondered over in later days. Homeric speeches precede the fight.

"Stratagems of War" greatly interested Saxo (probably because Valerius Maximus, one of his most esteemed models, was much occupied with such matters), so that he diligently records the military traditions of the notably skillful expedients of famous commanders of old.

There is the device for taking a town by means of the "pretended death" of the besieging general, a device ascribed to Hastings and many more commanders (see Steenstrup Normannerne); the plan of "firing" a besieged town by fire-bearing birds, ascribed here to Fridlev, in the case of Dublin to Hadding against Duna (where it was foiled by all tame birds being chased out of the place).

There is the "Birnam Wood" stratagem, by which men advanced behind a screen of boughs, which is even used for the concealment of ships, and the curious legend (occurring in Irish tradition also, and recalling Capt. B. Hall's "quaker gun" story) by which a commander bluffs off his enemy by binding his dead to stakes in rows, as if they were living men.

Less easy to understand are the "brazen horses" or "machines" driven into the close lines of the enemy to crush and open them, an invention of Gewar. The use of hooked weapons to pull down the foes' shields and helmets was also taught to Hother by Gewar.

The use of black tents to conceal encampment; the defence of a pass by hurling rocks from the heights; the bridge of boats across the Elbe; and the employment of spies, and the bold venture, ascribed in our chronicles to Alfred and Anlaf, of visiting in disguise the enemy's camp, is here attributed to Frode, who even assumed women's clothes for the purpose.

Frode is throughout the typical general, as he is the typical statesman and law-giver of archaic Denmark.

There are certain heathen usages connected with war, as the hurling of a javelin or shooting of an arrow over the enemy's ranks as a "sacratio" to Woden of the foe at the beginning of a battle. This is recorded in the older vernacular authorities also, in exact accordance with the Homeric usage, "Odyssey" xxiv, 516-595.

The dedication of part of the spoils to the god who gave good omens for the war is told of the heathen Baltic peoples; but though, as Sidonius records, it had once prevailed among the Saxons, and, as other witnesses add, among the Scandinavian people, the tradition is not clearly preserved by Saxo.

"Sea and Sea Warfare."—As might be expected, there is much mention of Wicking adventure and of maritime warfare in Saxo.

Saxo tells of Asmund's huge ship (Gnod), built high that he might shoot down on the enemy's craft; he speaks of a ship (such as Godwin gave as a gift to the king his master), and the monk of St. Bertin and the court-poets have lovingly described a ship with gold-broidered sails, gilt masts, and red-dyed rigging. One of his ships has, like the ships in the Chansons de Geste, a carbuncle for a lantern at the masthead. Hedin signals to Frode by a shield at the masthead. A red shield was a peace signal, as noted above. The practice of "strand-hewing", a great feature in Wicking-life (which, so far as the victualling of raw meat by the fishing fleets, and its use raw, as Mr. P. H. Emerson informs me, still survives), is spoken of. There was great fear of monsters attacking them, a fear probably justified by such occasional attacks of angry whales as Melville (founding his narrative on repeated facts) has immortalised. The whales, like Moby Dick, were uncanny, and inspired by troll-women or witches (cf. "Frithiof Saga" and the older "Lay of Atle and Rimegerd"). The clever sailing of Hadding, by which he eludes pursuit, is tantalising, for one gathers that, Saxo knows the details that he for some reason omits. Big fleets of 150 and a monster armada of 3,000 vessels are recorded.

The ships were moved by oars and sails; they had rudders, no doubt such as the Gokstad ship, for the hero Arrow-Odd used a rudder as a weapon.

"Champions".—Professed fighting men were often kept by kings and earls about their court as useful in feud and fray. Harald Fairhair's champions are admirably described in the contemporary Raven Song by Hornclofe—

 
     "Wolf-coats they call them that in battle
     Bellow into bloody shields.
     They wear wolves' hides when they come into the fight,
     And clash their weapons together."
 

and Saxo's sources adhere closely to this pattern.

These "bear-sarks", or wolf-coats of Harald give rise to an O. N. term, "bear-sarks' way", to describe the frenzy of fight and fury which such champions indulged in, barking and howling, and biting their shield-rims (like the ferocious "rook" in the narwhale ivory chessmen in the British Museum) till a kind of state was produced akin to that of the Malay when he has worked himself up to "run-a-muck." There seems to have been in the 10th century a number of such fellows about unemployed, who became nuisances to their neighbours by reason of their bullying and highhandedness. Stories are told in the Icelandic sagas of the way such persons were entrapped and put to death by the chiefs they served when they became too troublesome. A favourite (and fictitious) episode in an "edited" Icelandic saga is for the hero to rescue a lady promised to such a champion (who has bullied her father into consent) by slaying the ruffian. It is the same "motif" as Guy of Warwick and the Saracen lady, and one of the regular Giant and Knight stories.

Beside men-warriors there were "women-warriors" in the North, as Saxo explains. He describes shield-maidens, as Alfhild, Sela, Rusila (the Ingean Ruadh, or Red Maid of the Irish Annals, as Steenstrup so ingeniously conjectures); and the three she-captains, Wigbiorg, who fell on the field, Hetha, who was made queen of Zealand, and Wisna, whose hand Starcad cut off, all three fighting manfully at Bravalla fight.