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
It is very remarkable that a later
development of the law in Denmark produced a similar change in the jury,
the jurors not being chosen for a single cause, but for a period. In
Jutland even “_Sandemænd_,” or jurors appointed by the crown, were
instituted, who seem to have answered to the before-mentioned _Lag-men_,
or _Lahmen_, in the north of England. Eight landed proprietors were
selected in every district by the king, and discharged the office of
jurymen for life, unless they forfeited it by some misdemeanour.
Not the least trace is to be found in the old English laws and
chronicles that the Danish laws in force in the Danelag were more
barbarous than the contemporary Anglo-Saxon ones in the south of
England. On the contrary, the fact lately mentioned, that the beneficial
change in the composition and working powers of the jury, which had long
been in force in Danish North England, was in far later times adopted in
Norman England, seems rather to attest, in no slight degree, the
superiority of the laws of the Danelag. On the whole, the Danish kings
in England, and particularly Canute the Great, seem to have been
excellent lawgivers. Canute’s laws respecting the limitation of capital
punishment, the right of every man to hunt on his own land, and others,
evince a mildness and humanity scarcely to be expected in those rude
times.
From what has been said, it appears that the Danish part of England
must, in William the Conqueror’s time, have had just as many old Danish
popular institutions as Normandy, nay, doubtless still more. It is,
therefore, no wonder that William and his Normans were highly partial to
the Danish laws then in force in England. Immediately after he assumed
the reins of government, he commanded that these laws should be in force
throughout the kingdom, and consequently even in the purely Anglo-Saxon
districts, as both his own forefathers, and those of almost all his
barons, had been Northmen, who had formerly emigrated from Norway. But
in an assembly held at London in the fourth year of his reign, he
suffered himself to be persuaded, by the urgent entreaties of the
leading men among the Anglo-Saxons, to restore the laws of Edward the
Confessor in the districts in which they had before prevailed.
Nevertheless, the Anglo-Saxon laws gradually gave place to the
Scandinavian institutions in force in the north of England. Thus duel,
under the name of “trial by battle,” came to be considered throughout
England as lawful proof in judicial suits; an evident result of the bold
and chivalrous spirit of the new Norman lords. This kind of proof
caused, however, much disturbance in England, and at length, though
tardily, grew out of use. It was not formally abolished by law till the
year 1818, after a prosecutor had challenged his adversary to trial by
battle; a proceeding which even the legal tribunals were obliged to
acknowledge that the law, taken in its strictest sense, fully authorised
him in adopting.
Public-domain text, read in full here on John Shaqi.
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