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
But a peculiar, and in its results highly important, judicial
institution prevailed in the North, namely “_Næfn_,” “_Næfninger_”
(Nævninger); or, as it has been called in later times in English,
“Jury.” According to the most ancient Danish laws the accuser had a
right, particularly in important criminal causes, to select from among
the people a certain number of jurors (Nævninger), who, after taking an
oath, were to condemn or acquit the accused; and judgment was not
pronounced till they had given their verdict. The accuser’s choice of
jurors was limited by law to owners of landed property who were not
related to him; neither were they to be inimically disposed towards the
accused, who had the right of challenging any of them. The decision of
the jury was declared according to the majority of votes. In some
districts at least, as for instance in Scania (Skaane), the accused was
allowed, if the decision of the jury was against him, to appeal to the
ordeal by red-hot iron, which, after the introduction of Christianity,
became an important mode of proof in the North. But after the abolition
of that ordeal in Denmark (in 1218), and after the heathen mode of
duelling, or _holmgang_, had been abolished by Christianity, and
superseded by the institution of juries, this last method of trial
played an important part, and became popular with the people because it
afforded them a participation in the administration of justice, and at
the same time secured their civil liberties. Nevertheless trial by jury
was at length obliged to yield to newer forms of law in Scandinavia; and
just in proportion as the ancient freedom of the people was lost, the
political institutions which had originated from it also disappeared.
Public-domain text, read in full here on John Shaqi.
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