An Account of the Danes and Norwegians in England, Scotland, and IrelandWorsaae, Jens Jacob Asmussen
History
An Account of the Danes and Norwegians in England, Scotland, and Ireland
Worsaae, Jens Jacob Asmussen
Great Britain -- Civilization -- Scandinavian influences; Northmen -- Great Britain; Northmen -- Ireland
In law-suits among the Anglo-Saxons, the usual kinds of proof were by
oath, by witnesses, by cojurors, and by the ordeal of hot iron, or the
judgment of God. It was at an early period also customary, in the
heathen North, to use by way of proof oaths, cojurors, and witnesses;
but instead of the ordeal by hot iron, which was first introduced under
Christianity, the old Northmen had quite a different way of deciding
their legal disputes, and one which agreed better with their martial
spirit, namely, by duel. By some this method was also considered a
peculiar kind of God’s judgment; but it should rather, perhaps, be
regarded as the subjecting of the original feud, or quarrel, to certain
settled forms. This sort of combat was called “_holmgang_,” because the
duel generally took place on a small island, or _holm_, where it was
conducted according to fixed laws. Both plaintiff and defendant had the
right of challenging their adversary. Although this mode of deciding
legal disputes might easily be, and indeed sometimes was, abused by
evildoers—who did not scruple to take advantage of the weakness and want
of warlike skill in others, in order to obtain possession of their
estates—still it was far more in favour in the North than the proofs by
oath and cojurors. The Normans carried it with them into Normandy; and
there can scarcely be a doubt that the Danes and Normans, long before
the Norman conquest of England—nay, long before Canute the Great’s
time—introduced it into the _Danelag_ in the north of England; where, at
least, the word “_Holmgang_,” in its pure Scandinavian meaning, was in
use for many generations.
Public-domain text, read in full here on John Shaqi.
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