The Religion of the Northmen
JUDGMENTS OF THE GODS
Chapter XXIII
Page 1
As the heathen Northmen considered Judicial Proceedings in the main to be closely connected with Religion, and, so to speak, under the direction of the Gods, from whom they imagined all Law and Justice originally proceeded---so did they also conceive that the Gods, especially in certain legal proceedings, more immediately made their appearance, either as witnesses or as judges. Of such proceedings the Oath and the Duel were the most important.
The Oath (eiðr) was regarded by the heathen Northmen as a most sacred act. The solemn Oath was administered in a temple or at the great Assemblies (Þing). He who took the oath called upon one or more of the Æsir to witness, while he held in his hand the so-called Altar-ring (stalla-hringr,) which had been dipped beforehand in the blood of a sacrificed ox. This Altar-ring was to be of silver, or of gold when convenient, with the ends unjoined (mótlauss), and should weigh at least two ounces; there was to be one in every chief-temple, to have its place upon the high-altar (stallr); whence its name. When the temple-priest (hofgoði) who was also Ruler of the district (heraðs-höfðíngi), was present at the Thing or in the Assemblies where he had to appear as Judge of the Court, he wore the ring upon his arm in order to have it always at hand in the possible event of administering an oath. To swear such an oath was called "to take oath upon the Altar-ring" (vinna eið at stallahring), or "to take Temple-oath" (vinna hofseið). (1)
In two places in the ancient Sagas---in the Landnámabók and in Viga-Glum's Saga---we find a pretty full exposition of the administration of Oaths among the heathen Northmen.
In the former, speaking of the heathen laws of Iceland, it is said that "a ring of two ounces in weight, or larger, shall lie upon the altar (á stalla) in every chief-temple; this ring shall the priest bear upon his arm at all the assemblies of the people which he shall preside over (heya); and he shall beforehand dip it (rjóðra, properly, redden it) in the blood of the ox which he himself has sacrificed. Every man who may have a case to be tried before the Court (þurfti lögskil af hendi at leysa at dómi), shall first take oath upon this ring, and name for himself two or more witnesses: 'I call upon these men as witnesses,' he shall then say, 'That I take oath upon the ring (at ek vinna eið at baugi), lawful oath, so help me Frey and Njörð and the Almighty Ás (Odin), that I will so prosecute---or defend, or bear witness in, or judge---this cause in such manner as I know to be most just and true, and most consistent with the law, and that I will fulfill all lawful obligations (ok öll lögmæt skil af hendi leysa) concerning the cases which I may have to act upon, while I am in this Assembly.'" (2)
Viga-Glum's Saga relates how the Icelandic Chieftain Glum Eyjólfsson (Viga-Glum) took oath that he had not committed a murder of which he had been accused. He was sentenced to take the oath at three temples in Eyjafjörð, viz: at Djúpadal, at Gnupafell, and at Thverá. "When he had come with his attendants," it is stated, "to the temple in Djúpadal, six men entered the temple with Glum. The man who was to administer the Temple-oath (vinna hofseið), took in his hand a silver ring, dipped (róðinn, i.e., red-colored) in the blood of an ox that was sacrificed; and this ring did not weigh less than three ounces. Then Glum began to speak thus: 'I name Asgrim as a witness and Gizur as another witness that I take the Temple oath on the ring, and declare before God, i.e., Odin (at ek vinn hofseið at baugi ok segi ek Þat Æsi, i.e., Oðinn), that I was not present there, and did not commit murder there, and did not stain point and edge with blood there, where Thorvald Krók was killed (at ek vark-at Þórvaldr Krókr fékk bana). Give heed now to the oath, ye who are wise men, and are here present!' The form of this oath may serve at the same time as an example of the craftiness which was sometimes employed on such occasions; for Glum, who actually had committed the murder, from which he intended to clear himself on oath, had craftily arranged his words in so ambiguous a manner that, when critically examined, they contained a direct confession of the murder. The ambiguity which lies in the use of the particle at---which as a suffix in the Old-Norse signifies both not and at, or present at---cannot be expressed in the translation. The witnesses seemed to think the formula which Glum made use of to be rather unusual, but did not notice the trick until a more sagacious chieftain showed them, some time afterward, how they had been humbugged. Glum's murder case was again taken up by the Supreme Court (Al-Þing), and to escape outlawry he had to give over the half of his estate to the son of the murdered man, as a penalty. (3)
The former of the above cited oath-formulas was doubtless used before the Courts of Justice of heathendom, not only in Iceland but also in Norway, from whence the inhabitants of that island brought it with them. Frey, Njörð, and Odin, who were probably meant by the term Almighty Ás, were therefore the Deities generally called to witness in Oaths; sometimes, however, the term Ás or Odin only was employed, as is seen in the second formula.
Out of Courts they made use of other oaths, as we find they swore by certain objects which were looked upon as holy, or as symbols of something holy. Such oaths are named in various places in the old Eddaic poems: for instance, by the Deck of the Ship, by the Margin of the Shield, by the Edge of the Sword, by the Lightning's light Water, i.e., flash, by the southward declining Sun, i.e., Mid-day Sun, and many such things. When Völund wishes to secure his bride, the daughter of King Niðað, against the molestations of her father, he exacts of the king an oath that he will not do her any harm:
"First shalt thou swear me
All the oaths:---
By the Ship's deck
And the Shield's margin,
By the Steed's neck
And the Sword's edge,---
That thou torment not
The wife of Völund,
Nor of my bride
Become the destroyer." (4)
Sigrún upbraids her brother Dag, for having broken his oath to her husband Helgi, in the following words:
"May all the oaths
Recoil upon thee,
Which thou hast sworn
To Helgi,---
By the light waters
Of Leiptur's stream, (5)
And by the cold stones
Beneath the sea." (6)
When Guðrún Gjúkadóttir reminds her husband Atli of the oaths he has broken toward her brother Gunnar, she says:
"So may it befall thee, Atli!
As thou held oaths
Oft sworn with Gunnar
And early given;---
By the Sun southward bearing,
By Sigtyr's (7) strong mountain,
By the sanctity of the couch
And by Ullur's ring." (8)
How the expressions occurring in these formulas were to be taken, whether literally or figuratively, it is now impossible to determine.
Sometimes, also, there occurs a formula by which the swearer wishes himself in the power of evil beings, or that misfortune may strike him, if he swear falsely. Thus it is said of King Atli's messenger Vingi:
"Then swore Vingi
Himself little sparing:
Might the Jötuns take him
If on oath he lied,
And the gallows his body
If he the peace disturbed." (9)
Duelling was known among the heathen Northmen by two names: hólmgánga and einvígi, terms which were sometimes distinguished, but which were more frequently used indiscriminately.
The hólmgang was so named because it originally took place on an islet or hólm, where the combatants could be more undisturbed and less liable to be interfered with by others, who might venture to mingle in their quarrel, or separate them against their will; and where the field of battle might have natural boundaries beyond which neither or the parties could possibly retreat. Other artificially inclosed battle-grounds afterwards took the place of the hólms, but they still retained the name, and when possible, were laid out upon a small island. The hólmgang took place after a preliminary challenge (at skora á hólm; at skora á til hólmgöngu), at which the time and place were fixed, and at the same time the challenger declared his antagonist, should he not accept the challenge, to be every man's Nithing, i.e., a man whom every one might scoff with impunity.
The usages of the hólmgang are variously described; no doubt they varied in minor essentials at different periods, and were probably dependent, in many particulars, upon the choice of the combatants, especially of the challenger. A few of the more detailed accounts of such duels, according to the Sagas, shall here be given.
The Icelander Egil Skallagrimsson, while on a journey through Norway in the time of Hákon Aðalsteinsfostri, came to the estate of Blindheim on the island Hauð, where a young parish overseer, Friðgeir, dwelt with his mother Gyða. He found a friendly reception with them and stayed in Blindheim several days. During this time he noticed that a great affliction rested upon the whole household, but especially upon Friðgeir's sister; yet it was not until he was on the eve of departure that Gyða revealed to him the cause of this sadness. A man with the name of Ljót the Pale, a universally-hated Berserk and duellist (hólmgaungu-maðr), had sued for the daughter, and having been rejected, he had challenged Friðgeir to a hólmgang. On the following day they were to meet (ganga á hólm) on the island Vorl, and Gyða now begged of Egil, who was an expert swordsman, that he would accompany her son thither. Egil promised to do so, and remained that day at Blindheim. "In the evening came the friends of Friðgeir who had resolved to bear him company; there were many men assembled during the night, and a great banquet. But on the day after, Friðgeir made ready for the journey, and many men with him; Egil was in his train. It was good weather for traveling. They set off and arrived at the island. At the place of meeting there was a broad embankment stretching along at a short distance from the sea; upon this the hólm-stead was marked off, with stones laid in a circle round about it. Now Ljót came along with his folk and made ready for battle; he had both sword and shield. Ljót was a very large and strong man, and as he was walking forth along the embankment to the place of combat, the Berserksgang came suddenly upon him; he began to yell horribly and bite his shield. Friðgeir was not large; he was slender and of beautiful countenance, but not strong; neither had he at any time taken part in a fight. When Egil saw Ljót, he sung a verse in which he said that the battle would not go off well for Friðgeir; he himself would meet the terrible champion who, biting in his shield's edge, called upon the Gods. (10) Ljót saw Egil and heard his words. 'Come up hither to the hólm, thou great man!' said he, 'and fight with me, if thou hast such a great desire to do so. That will be much better than for me to fight with Friðgeir; for I shall not add to my glory by laying him upon the ground.' Egil answered in a verse that he accepted the challenge. Thereupon Egil made ready for a hólmgang with Ljót. He had the shield which he was wont to bear, and in his belt was the sword which he called Naðra (Viper); Dragvandil---the sword he generally used--he had in his hand. he went in over the marks which bounded the place of combat; but Ljót was not yet ready. Egil brandished his sword and sung a verse in which he threatened his antagonist. Then comes Ljót forth upon the battle ground and pronounces the hólmgang laws, 'that he shall forever bear the name of Níthing who retreats beyond the boundary stones which are set up in a ring around the hólmgang.' Then they ran in upon each other, and Egil hewed at Ljót, but the latter warded off with his shield. Egil struck now one blow after another, so that Ljót could not make a single stroke in defense. He moved backward in order to get sword-room; but Egil was just as quickly after him and was not sparing in his blows. In this manner Ljót passed out over the boundary stones and far along the embankment. Thus the first round was ended and Ljót demanded a rest. Egil let it be so; the stood still and rested a while. It was a law of the hólmgang, at that time, that when one party demanded anything of the other and conquered, he should have as reward of victory (sigrmál) whatever he had demanded; but should he be overcome, he was to acquit himself with so much property as might be agreed upon; and if he fell on the hólm, then all his possessions were forfeited, and the one who slew him was to inherit after him. Egil now caused Ljót to make ready: 'I wish we may now put an end to this hólmgang!' Ljót sprang hastily up. Egil ran up to him, hewed at him straightway, and came so near his life that he gave way and exposed himself, for his shield slipped from him. Then Egil hewed at Ljót; the blow struck him above the knee and took off his foot. Ljót fell and died immediately. His death was but little mourned, for he had been a most turbulent man. He was a Swede by birth, and had no kinsmen in Norway. He had come thither and had accumulated property by hólmgang, as he had slain many good citizens to whom he had given the choice between hólmgang and a relinquishment of their lands and allodial possessions. He had in this manner become very wealthy, both in lands and moveables." (11)
Egil Skallagrimsson had at the same time an inheritance to claim in Norway, which a certain Atli the Short held in possession by an unjust decree of King Eirik Blood-axe. As Eirik was now banished from the country, Egil thought that he might perhaps be able to establish his claims; he accordingly repaired to Ask, the residence of Atli, on Fenring island near Hörðaland, in order to claim his inheritance. Atle refused to pay up, but accepted Egil's summons to appear at the Gula Thing to have the case decided. They both accordingly made their appearance at the Thing. Egil claimed his inheritance before the Tribunal; but Atli proffered Tylftar-eið, or the Oath of twelve men, that he hand no property whatever in his care, belonging to Egil. "When Atli came before the court (dómr) with the men who were to take oath for him, Egil appeared against him and said that he would not accept Atli's oaths for his (Egil's) property. 'I will offer thee another law, this, namely, that we shall go to hólm here at the Thing, and he who conquers shall have this property.' This proposition of Egil's was according to law and ancient usage, i.e., that every man had the right to challenge another to a hólmgang, either in prosecution or defense of his cause. Atli said he would not object to a hólmgang with Egil. They then took each other by the hand and came to a mutual agreement that they would fight (gánga á hólm), and that the victor should take possession of the disputed lands. Thereupon they armed themselves for the hólmgang. Egil went forth with helmet upon his head, a shield before him and a spear (kesja) in hand; but the sword Dragvandil he had firmly secured in his right hand. It was a custom of the hólmgang-men to equip themselves so that they had no occasion to draw their swords upon the hólm, but could have the sword in hand always ready for use. Atli was armed in the same manner. He was accustomed to the hólmgang, and was besides a strong man and very bold. A large and old ox was then led forth; this was called blótnaut, i.e., Ox of Sacrifice, and the victor was to kill it (höggva). Sometimes there was one ox, sometimes each of the combatants led out his own. When they were equipped and all was ready, they rushed forth upon each other and first threw their spears, but neither of them pierced the shield; they were both left sticking in the ground. They then seized their swords; they closed in upon each other and exchanged blows. They hewed thick and heavy, and soon the shields became useless. As Atli's shield became much injured, he cast it away, seized his sword with both hands and hewed briskly. Egil struck him over the shoulders, but the sword did not cut; he gave the second and the third stroke, and it was easy for him to get a stroke at Atli; for Atli had not any defense. But although Egil swung his sword with might and main, still it did not cut, with all that he hewed. Egil now saw that all this was of no use, for his own shield was beginning to give way. So he let go sword and shield, ran in upon Atli and seized him with his hands. Now all could see which of them was strongest. Atli was thrown upon his back; but Egil cast himself fiercely down upon him and bit his throat asunder. Thus did Atli give up his life. Egil sprang up immediately and rushed to the place where the sacrificial ox was standing, seized with one hand the chops, and with the other the horn, and wrested it around so violently that the feet of the animal came up into the air and its neck was broken. Then Egil took possession of all the lands about which the quarrel had been." (12)
It appears, however, that the hólmgang was mostly attended with a great many more circumstances than those above described.
Endnotes
1. Eyrb. S. 4, 16, 44; Kjalnes. S. 2; Dropl. Son. 6; Landnmb. IV. 17; Viga-Gl. S. 25. [Back]
2. Landnmb. IV. 7. [Back]
3. Viga-Gl. S. 25. [Back]
4. The O. Edda: Völundarkviða, 31. [Back]
5. "Leiptr---lightning---is one of the mythic streams mentioned in the Edda as flowing out from Hvergelmir, the great source of all streams. "þaðan eiga vötn öll vega," thence the streams all have their ways." [Back]
6. The O. Edda: Helgakv. Hundb. II., 29. [Back]
7. Sigtyr, the God of Victory, a name of Odin. [Back]
8. The O. Edda: Atlakv. 30. [Back]
9. The O. Edda: Alamál 31. [Back]
10. The magic songs which were to protect the champion in battle were sung under the shield, by setting the mouth to its edge, perhaps to make the sound louder. See O. Edda: Hávamál, 157. [Back]
11. Egil's S. 67. [Back]
12. Egils S. 68. [Back]
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