The Danish History, Books I-IX by Grammaticus Saxo
page 31 of 493 (06%)
page 31 of 493 (06%)
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CIVIL PROCEDURE.--"Oaths" are an important art of early procedure, and noticed by Saxo; one calling the gods to witness and therefor, it is understood, to avenge perjury if he spake not truth. "Testification", or calling witnesses to prove the steps of a legal action, was known, "Glum's Saga" and "Landnamaboc", and when a manslayer proceeded (in order to clear himself of murder) to announce the manslaughter as his act, he brings the dead man's head as his proof, exactly as the hero in the folk-tales brings the dragon's head or tongue as his voucher. A "will" is spoken of. This seems to be the solemn declaration of a childless man to his kinsfolk, recommending some person as his successor. Nothing more was possible before written wills were introduced by the Christian clergy after the Roman fashion. STATUTE LAWS. "Lawgivers".--The realm of Custom had already long been curtailed by the conquests of Law when Saxo wrote, and some epochs of the invasion were well remembered, such as Canute's laws. But the beginnings were dim, and there were simply traditions of good and bad lawyers of the past; such were "Sciold" first of all the arch-king, "Frode" the model lawgiver, "Helge" the tyrant, "Ragnar" the shrewd conqueror. "Sciold", the patriarch, is made by tradition to fulfil, by abolishing |
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