Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
Among the Norræna branch of the Teutons the wager of battle can be
traced back to the realm of legend and tradition. Saxo Grammaticus
informs us that about the Christian era Frotho III., or the
Great, of Denmark, ordered the employment of the duel to settle
all controversies, preferring that his warriors should accustom
themselves to rely, not on eloquence, but on courage and skill;[303]
and however doubtful the chronology may be, the tradition shows that
the origin of the custom was lost in the depths of antiquity. Among
the heathen Norsemen, indeed, the _holm-gang_, or single combat, was
so universal an arbiter that it was recognized as conferring a right
where none pre-existed. Any athlete, who confided in his strength
and dexterity with his weapons, could acquire property by simply
challenging its owner to surrender his land or fight for it. When
Iceland, for instance, was in process of settlement, Kraku Hreidar
sailed thither, and on sighting land invoked Thor to assign to him
a tract of ground which he would forthwith acquire by duel. He was
shipwrecked on reaching the shore, and was hospitably received by
a compatriot named Havard, with whom he passed the winter. In the
spring he declared his purpose of challenging Sæmund Sudureyska for a
sufficient holding, but Havard dissuaded him, arguing that this mode of
acquiring property rarely prospered in the end, and Eirek of Goddolom
succeeded in quieting him by giving him land enough. Others of these
hardy sea-rovers were not so amenable to reason as Kraku. When Hallkell
came to Iceland and passed the winter with his brother Ketelbiorn, the
latter offered him land on which to settle, but Hallkell disdained so
peaceful a proposition, and preferred to summon a neighbor named Grim
to surrender his property or meet him in the _holm-gang_. Grim accepted
the defiance, was slain, and Hallkell was duly installed as his heir.
A variation of the custom is illustrated by the case of Hrolleif,
who after some years’ settlement grew dissatisfied with his holding,
and challenged his neighbor Eyvind to an exchange of properties or a
combat, alternatives of which the peace-loving Eyvind accepted the
former.[304] The Saga of Egil Skallagrimsson speaks of a noted duellist
known as Ljot the Pale, who had come to the district a landless
stranger, and had grown wealthy by thus challenging proprietors and
taking their lands, but who met his fate at the hands of Egil, who,
while travelling, came to the place where Ljot was about to engage in a
holm-gang with a weaker antagonist. Egil volunteered to take his place,
and promptly slew Ljot. The holm-gang was so named because the battle
was usually fought on a small island or holm; and that it was regarded
as an appeal to the gods is manifested by the custom of the victor
sacrificing an ox as soon as he left the spot.[305]
Public-domain text, read in full here on John Shaqi.
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