Denmark -- History -- To 1241; Folklore -- Scandinavia
Slavery.--As noble birth is manifest by fine eyes and personal beauty,
courage and endurance, and delicate behaviour, so the slave nature
is manifested by cowardice, treachery, unbridled lust, bad manners,
falsehood, and low physical traits. Slaves had, of course, no right
either of honour, or life, or limb. Captive ladies are sent to a
brothel; captive kings cruelly put to death. Born slaves were naturally
still less considered, they were flogged; it was disgraceful to
kill them with honourable steel; to accept a slight service from a
slave-woman was beneath old Starcad's dignity. A man who loved another
man's slave-woman, and did base service to her master to obtain her as
his consort, was looked down on. Slaves frequently ran away to escape
punishment for carelessness, or fault, or to gain liberty.
CUSTOMARY LAW.
The evidence of Saxo to archaic law and customary institutions is pretty
much (as we should expect) that to be drawn from the Icelandic Sagas,
and even from the later Icelandic rimur and Scandinavian kaempe-viser.
But it helps to complete the picture of the older stage of North
Teutonic Law, which we are able to piece together out of our various
sources, English, Icelandic, and Scandinavian. In the twilight of Yore
every glowworm is a helper to the searcher.
There are a few MAXIMS of various times, but all seemingly drawn from
custom cited or implied by Saxo as authoritative:--
"It is disgraceful to be ruled by a woman."--The great men of Teutonic
nations held to this maxim. There is no Boudicea or Maidhbh in our own
annals till after the accession of the Tudors, when Great Eliza rivals
her elder kins-women's glories. Though Tacitus expressly notices one
tribe or confederacy, the Sitones, within the compass of his Germania,
ruled by a woman, as an exceptional case, it was contrary to the feeling
of mediaeval Christendom for a woman to be emperor; it was not till late
in the Middle Ages that Spain saw a queen regnant, and France has never
yet allowed such rule. It was not till long after Saxo that the great
queen of the North, Margaret, wielded a wider sway than that rejected by
Gustavus' wayward daughter.
"The suitor ought to urge his own suit."--This, an axiom of the most
archaic law, gets evaded bit by bit till the professional advocate takes
the place of the plaintiff. "Njal's Saga", in its legal scenes, shows
the transition period, when, as at Rome, a great and skilled chief
was sought by his client as the supporter of his cause at the Moot. In
England, the idea of representation at law is, as is well known, late
and largely derived from canon law practice.
Public-domain text, read in full here on John Shaqi.
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