the stories of the Wicked Waiting Maid. He is not to be awakened in his slumbers (cf. St. Olaf's Life, where the naming of King Magnus is the result of adherence to this etiquette). A champion weds the king's leman.
His thanes are created by the delivery of a sword, which the king bolds by the blade and the thane takes by the hilt. (English earls were created by the girding with a sword. "Taking treasure, and weapons and horses, and feasting in a hall with the king" is synonymous with thane-hood or gesith-ship in "Beowulf's Lay"). A king's thanes must avenge him if he falls, and owe him allegiance. (This was paid in the old English monarchies by kneeling and laying the head down at the lord's knee.)
The trick by which the Mock-king, or King of the Beggars (parallel to our Boy-bishop, and perhaps to that enigmatic churls' King of the "O. E. Chronicle", s.a. 1017, Eadwiceorla-kyning) gets allegiance paid to him, and so secures himself in his attack on the real king, is cleverly devised. The king, besides being a counsel giver himself, and speaking the law, has "counsellors", old and wise men, "sapientes" (like the 0. E. Thyle). The aged warrior counsellor, as Starcad here and Master Hildebrand in the "Nibelungenlied", is one type of these persons, another is the false counsellor, as Woden in guise of Bruni, another the braggart, as Hunferth in "Beowulf's Lay". At "moots" where laws are made, kings and regents chosen, cases judged, resolutions taken of national importance, there are discussions, as in that armed most the host.
The king has, beside his estates up and down the country, sometimes (like Hrothgar with his palace Heorot in "Beowulf's Lay") a great fort and treasure house, as Eormenric, whose palace may well have really existed. There is often a primitive and negroid character about dwellings of formidable personages, heads placed on stakes adorn their exterior, or shields are ranged round the walls.
The provinces are ruled by removable earls appointed by the king, often his own kinsmen, sometimes the heads of old ruling families. The "hundreds" make up the province or subkingdom. They may be granted to king's thanes, who became "hundred-elders". Twelve hundreds are in one case bestowed upon a man.
The "yeoman's" estate is not only honourable but useful, as Starcad generously and truly acknowledges. Agriculture should be fostered and protected by the king, even at the cost of his life.
But gentle birth and birth royal place certain families above the common body of freemen (landed or not); and for a commoner to pretend to a king's daughter is an act of presumption, and generally rigorously resented.
The "smith" was the object of a curious prejudice, probably akin to that expressed in St. Patrick's "Lorica", and derived from the smith's having inherited the functions of the savage weapon-maker with his poisons and charms. The curious attempt to distinguish smiths into good and useful swordsmiths and base and bad goldsmiths seems a merely modern explanation: Weland could both forge swords and make ornaments of metal. Starcad's loathing for a smith recalls the mockery with which the Homeric gods treat Hephaistos.
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.
"To exact the blood-fine was as honourable as to take vengeance."—This maxim, begotten by Interest upon Legality, established itself both in Scandinavia and Arabia. It marks the first stage in a progress which, if carried out wholly, substitutes law for feud. In the society of the heathen Danes the maxim was a novelty; even in Christian Denmark men sometimes preferred blood to fees.
MARRIAGE.—There are many reminiscences of "archaic marriage customs in Saxo." The capture marriage has left traces in the guarded king's daughters, the challenging of kings to fight or hand over their daughters, in the promises to give a daughter or sister as a reward to a hero who shall accomplish some feat. The existence of polygamy is attested, and it went on till the days of Charles the Great and Harold Fairhair in singular instances, in the case of great kings, and finally disappeared before the strict ecclesiastic regulations.
But there are evidences also of later customs, such as "marriage by purchase", already looked on as archaic in Saxo's day; and the free women in Denmark had clearly long had a veto or refusal of a husband for some time back, and sometimes even free choice. "Go-betweens" negotiate marriages.
Betrothal was of course the usage. For the groom to defile an espoused woman is a foul reproach. Gifts made to father-in-law after bridal by bridegroom seem to denote the old bride-price. Taking the bride home in her car was an important ceremony, and a bride is taken to her future husband's by her father. The wedding-feast, as in France in Rabelais' time, was a noisy and drunken and tumultuous rejoicing, when bone-throwing was in favor, with other rough sports and jokes. The three days after the bridal and their observance in "sword-bed" are noticed below.
A commoner or one of slave-blood could not pretend to wed a high-born lady. A woman would sometimes require some proof of power or courage at her suitor's hands; thus Gywritha, like the famous lady who weds Harold Fairhair, required her husband Siwar to be over-king of the whole land. But in most instances the father or brother betrothed the girl, and she consented to their choice. Unwelcome suitors perish.
The prohibited degrees were, of course, different from those established by the mediaeval church, and brother weds brother's widow in good archaic fashion. Foster-sister and foster-brother may marry, as Saxo notices carefully. The Wolsung incest is not noticed by Saxo. He only knew, apparently, the North-German form of the Niflung story. But the reproachfulness of incest is apparent.
Birth and beauty were looked for in a bride by Saxo's heroes, and chastity was required. The modesty of maidens in old days is eulogised by Saxo, and the penalty for its infraction was severe: sale abroad into slavery to grind the quern in the mud of the yard. One of the tests of virtue is noticed, "lac in ubere".
That favourite "motif", the "Patient Grizzle", occurs, rather, however, in the Border ballad than the Petrarcan form.
"Good wives" die with their husbands as they have vowed, or of grief for their loss, and are wholly devoted to their interests. Among "bad wives" are those that wed their husband's slayer, run away from