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, however, remarkable enough that the proof by
duel, which in Scandinavia itself was abolished on the introduction of
Christianity, should have maintained its ground for several centuries in
England, which had long been Christianized. We might even say that down
to the present times it has everywhere left perceptible traces in
Europe. For what are duels but trials by battle, or sort of judgment of
God? They were, however, much disseminated by chivalry, in the
development of which the warlike Normans took so considerable a part.
The ancient _holmgang_ was, as we have seen, called, both in Normandy
and England, “duel.”
The institution of the jury (“Nævninger,” or “Nævn”), before mentioned
as originally Scandinavian, was established throughout England by the
Normans in such a manner that it has maintained its place to our times.
Under the first Norman kings we find traces of a more general employment
of the jury, which was previously confined to the Danish part of
England, where it continued to exist after the conquest by William.
When, in the following century, _holmgang_ or trial by battle, began, in
spite of the limitations it had undergone, to become too grievous in
England, a law was published in 1164, that a jury of twelve knights,
chosen by four knights of the district, should be substituted in its
place. Thus at its first general establishment in England the jury had
much the same form as it possessed in earlier times in the Danish part
of the kingdom. The provision that the jury should be composed of
knights soon fell to the ground. Subsequently, after the ordeal by
red-hot iron, or the judgment of God, had been abolished (in the year
1219), it was appointed, in the reign of Henry the Third, that the
accused, who might previously have liberated himself by that ordeal,
should submit his case to the decision of twelve _Nævninger_, or
jurymen. In this manner an influence was secured to the jury in England,
which has since been continually increasing; trial by jury having
become, as it were, the central point of the judicial system in that
country. The English themselves, with just reason, regard the jury as a
wise and happy institution, which has much contributed to develope the
excellence of the national character, and to maintain the free
constitution of their country. What is more, foreigners pass the same
judgment on it; and it especially deserves to be remembered, that at the
present moment, after the introduction of popular freedom into the
Scandinavian North, its people are seeking to re-establish the native
_Nævn_, or jury, which formerly crossed the seas with the conquerors of
England and Normandy, and which has victoriously stood the trial of
centuries in those countries.
Public-domain text, read in full here on John Shaqi.
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