The Danish History [11]
to natural pity, and he might without loss of honor finish his man, and cut off his head, though it was proper, if the slain adversary has been a man of honor, to bury him afterward.
The stakes are sometimes a kingdom or a kingdom's tribute, often a lady, or the combatants fought for "love" or the point of honor. Giants and noted champions challenge kings for their daughters (as in the fictitious parts of the Icelandic family sagas) in true archaic fashion, and in true archaic fashion the prince rescues the lady from a disgusting and evil fate by his prowess.
The champion's fee or reward when he was fighting for his principal and came off successful was heavy -- many lands and sixty slaves. Bracelets are given him; a wound is compensated for at ten gold pieces; a fee for killing a king is 120 of the same.
Of the incidents of the combat, beside fair sleight of fence, there is the continual occurrence of the sword-blunting spell, often cast by the eye of the sinister champion, and foiled by the good hero, sometimes by covering his blade with thin skin, sometimes by changing the blade, sometimes by using a 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,
The stakes are sometimes a kingdom or a kingdom's tribute, often a lady, or the combatants fought for "love" or the point of honor. Giants and noted champions challenge kings for their daughters (as in the fictitious parts of the Icelandic family sagas) in true archaic fashion, and in true archaic fashion the prince rescues the lady from a disgusting and evil fate by his prowess.
The champion's fee or reward when he was fighting for his principal and came off successful was heavy -- many lands and sixty slaves. Bracelets are given him; a wound is compensated for at ten gold pieces; a fee for killing a king is 120 of the same.
Of the incidents of the combat, beside fair sleight of fence, there is the continual occurrence of the sword-blunting spell, often cast by the eye of the sinister champion, and foiled by the good hero, sometimes by covering his blade with thin skin, sometimes by changing the blade, sometimes by using a 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,