The Vikings - Legal System - Survival of the Fittest.

viking house, Fyrkat/photo gb

Denmark 
Denmark was in the Viking period divided in about two hundred districts, the socalled "herreds", which each had a ting (thing). The thing was the counsil of free swordsmen coming together to manage the law, to issue rulings, and to discuss matters of a more common character..

The law was a complex of customs, something which was remembered from generation to generation. Therefore the thing-assembly was often a case of old men - with support from the old rhyme-formulas (stavrim)  - to remember and claim the law..

The punish provisions towards acts of violence or murder - among free men - were built  upon mandeboden (man's fine) and its various degrees: full mandebod for a killing or cutting off the nose; half mandebod for an eye, quart  mandebod for an ear etc. The warrant was made by the thing-men themselves,  and the law was no doubt not rarely bent to the power, since the enforcement  of the court decision had no special protection. If a member of a strong family during the eternal feuds among the families had insulted or violated a man from a weaker family and had been sentenced a mandebod on the thing, then the weaker part  had to recover the mandebod (the man's fine) himself, which might be difficult or even impossible.This was a shortage of the legal system.
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law document Sweden wikipedia

The word herred is interpreted as hærfølge = (army escort ). Maybe this points back to a military system where each district (herred)  was obliged to make men or ships available during war. Or else the really big decisions - like election of a king, war and peace or alike - or a court decision of a special complicated or questionable case - were assigned to the big landsting, which in Jutland was held in Viborg, at Zealand in Ringsted and in Skåne (Scania) in Lund. Such difficult cases could be decided by holmgang (duel) following special rules or by  jernbyrd  (ordeal by fire) where they in reality pushed the case respectively to the right of the stronger or the judgment of the gods.

Theft was a dangerous thing to be engaged in, the punishment was simply hanging  which was not  from moral principles, but contrarily with a base in the very realistic view that the thief was a poor man (that was why he stole) and a poor man had only one thing to lose: his life.

Germanic assembly, wikipedia

Like in all other human societies the society of the Vikings was also built on relations and Community. The worst punishment was social exclusion : he who denied to bend to the decision of the herreds-ting and therefore had his case brought to the landsting exposed himself to exclusion The landsting had the power to declare outlaw inside its area. In the length to live his life in isolation, without legal rights, being hunted, excluded from the circle of his fellowmen:  this was impossible, the only ways out were exile or death. But for the man who respected the Viking society's unwritten customs and the rooted view of the law  from the time immemorial, this man could live a flourishing life in prosperity, if he was versatile and had "god  lykke". (good fortune.)

Viking house, Fyrkat, photo gb

A magnate from the grade of the earls had enough to organize, he might lead his own Viking expedition in the summertime, either alone or together with other chiefs and come back for winter with a good prey. He might also be a merchant and lead his own trade business and he had to take care of his own farming. Finally he had to take care of secular and clerical public offices : to judge at the thing and to see to that he - as the gode (Gothi)  of his hov (court) took into account the demand of the gods when it came to cultivating the land and taking care of the law.

Uffe hin Spage, Lorenz Frölich, wikipedia

A means to decide disputes between persons  - or through them between families -  was the holmgang (the duel) The oldest description in a written law fragment from Sweden is about a holmgang-  and it reflects in a realistic way both the sensitive honour which was so vulnerable:  to insult with words and the brutality of the law of the strongest man. The fragment says: " if you say insulting words like: You are not equal to men or: You are not a real man " -  then the two men will have to meet where three roads cross. If he who said the word comes,  and if he who was told the word does not come,  then he'll have to stay as he was named, and then he is not able to give oath or to be a witness - neither in a man's or in a woman's case. If he comes who was told the word , but not he who said the word, then he'll cry three times: "Nidding"  and make a mark in the field. And  he who said the word will then be an inferior man since he dare not stand by what he said.

Now they'll both meet fully armed: if he falls who said the word: a word-crime is the worst - the tongue is the first killer:  he lies on the ground upon his deeds.



Sweden
A similar picture of the legal system in the Viking period is seen in Sweden. Here is also a family society, a life built upon the land-properties of the family and the inner solidarity,  with orally handed-down laws and rules of law, which were put into power by warrants at the thing-assembly of the herred (Swedish: de hundradets). Here is undoubtedly also a system of a common war oganization. And here is also a limited royal power. In the Ansgar- biography is said about Birka, that it was a usual custom to let common cases decide by the agreement of the people rather than on the king's demand. Two concepts were in front of life of the Nordic Viking: den gode lykke = the good fortune - the prosperity of the fortunate man - and æren (the honour) which had to be protected and must not be breached.

Norway

Hakon the Good, P.N.Arboe, wikipedia.

The same schedule is found in Norway as to the secular building of society. The indivual bygder (settlements) had their local thing-assemblies, and the large districts had their own more comprehensive things, where chiefs and old experienced men were judges and interpretors of the law. In Norway is also the family society with the single man, the private person, who seeks his right supported by his family via mandebod for a revenge-killing.
Like in Denmark and Sweden the problem is the same in Norway. Direct primary sources to a knowledge about the legal system of the Viking period are missing,  it is only possible to refer to the medieval laws, the * Frostatingloven  and the *Gulatingloven  (both laws are Norwegian laws, which acccording to the sagas were ordained by Hakon the Good for respectively Trøndelagen and Vestlandet). Like in Denmark there is reason to believe that there was a military system too in Norway ( a leding) where each district  was obliged to deliver ships and warriors to a common defense. And like in Denmark and Sweden it is also the same for Norway:  that the royal power was limited by the thing-assemblies and  folkets vilje ( will of the people). Anyway the king's power must not be too much reduced, for the king had his team of housecarls , his hird, which from an original private organization grew up to a half public factor  - a very active means of power which became the core of a larger army 



Iceland.

A Gothi /priest) Lund, wikipedia.

Iceland had no king. The legal system was established after west-Norwegian design and after the rules in the later Gulatinglov. This thing-constitution became common to the whole island from year 930. The common thing was held each summer( named altinget), with the lovsigemand (the man who  recited the law rules) and with the heathen priests (the Gothis) as the real rulers. The island was later divided into four quarters each with 3 (one with 4) herredsting. Since the magnates were goder (Gothis) it must be said about the Icelandic free state that it was a regular chief-union without a king. An oligarchy in a classical saying.

Source: Johannes Brøndsted: Vikingerne;. Vikingen hjemme, Samfund.  Ggyldendal 1960

Viborg - the town upon the hills with the shrine

Viborg is one of the oldest towns in Denmark.The original name was Vibjerg (Vvibuiærgh in Valdemar Sejrs Jordebog from 1231), which means "the hills with the shrine". It was in prehistoric time a sacred cultplace, where the ancient Nordic gods were worshipped. The sacred place was called a "Vi", which explains the name Viborg. The settlement consisted of spread farms up till year 1000, after which properties were being outparcelled along the road, which today is Store Sct Peders Stræde (mid-town). From here was a connection road  across the lakes to Asmild. In the Viking period a larger town emerged gradually - and it was through centuries the main town of Jutland and a political power center. Viborg got its municipal rights in 1150. The old trade and pilgrim road to Europe Hærvejen went out from here.Viborg lies upon a hillside, falling steeply into a valley along the eastern part of town. The valley is filled by the lakes Nørresø and Søndersø,the waterstreams leading to the lakes are surrounded by large meadow areas. The long lakes form a clear border of the town. The western part of Viborg is today an area with villas stretching far out into the countryside. The visible center of Viborg is still the cathedral with two towers, one of the largest churches built in granite ashlars.


 Things went quickly for the city in the middle of Jutland. Tradesmen and craftsmen settled here, where the  trade- and pilgrim road Hærvejen from the south met the country roads from north, west and east. Most important was that the Jutland chieftains gathered here on a regular basis to counsel together upon the Thing about common affairs and to celebrate the Danish kings. A celebration of the king told who had to succeed the king when he died. The first celebration in 1027 was about Hardicanute, who was Danish king from 1035-1042. The tradition went on until 1655 where Christian V. was celebrated at the Thing in Viborg.
  


Where the town leads out between the lakes, king Erik Menved let build Borgvold in 1313 in order to break the wellknown obstinacy of the Jutlanders. Here is a castle bank and a park today. The Jutlanders in the northern section of Jutland had after a counsel at the Thing in Viborg rebelled against the king's new tax notices, but they were suppressed by the king and his German mercenaries.

The Thing (Landsting) in Viborg was in the Middle Ages a Thing for the whole country. The Thing was abolished in 1805. Viborg was also a religious center. The town became bishopric in 1065, and the foundation stone of the cathedral was laid by bishop Eskil about 1130. During the Middle Ages were built three monasteries and a nunnery in Asmild, 12 parish churches and some roadside chapels. 

 


Maybe it was the wealth of the number of churches and klosters which provoced the first Danish rebellion in Viborg against the papal power. In 1525 a Johanitter monk Hans Tausen started to preach Luther's teach in Viborg, and when he was dispelled of his order, king Frederik I appointed him his chaplain.The king allowed in 1529 the civilians in Viborg to break down all the churches and chapels, which the town was not able to maintain. This meant direct cash to the Crown. The king also "took care" of the church silver. In 1529-30 the klosters were abandoned too, and the monks were driven out. The rebellious Lutheranian citizens seized the cathedral in 1530.

 

The 1500s brought progress, but in the 1600s and the 1700s the town was hit by recession, fires and wars. The town burnt both in 1567, 1615, 1667 and 1726, the last fire was especially a catastrophe. Half the city burnt down and for many years a big part of the town were nothing but black ruins. From the late 1700s the town had an important period of expansion and became what is is today: a city of institutions. It grew into a stylish town of officials. Some found it snobby. The Danish writer Peer Hultberg, the son of a judge, grew up in Viborg -  he wrote a novel where he delivered an utmost corrosive image of the citizens, who are described as the victims of their own strict consciousness.


 Most of the oldest Viborg houses were built after the big fire in 1726. The present look of the Viborg cathedral is a result of an almost complete rebuild in 1864-76. From the original church is only kept the crypt and a small part of the apse. The cathedral in Lund (Skåne) was the role model of the present building. The artist Joakim Skovgaard decorated the church with frescoes in 1899.
 

The altarpiece from the beginning of the 1500s is in another Viborg church, (Søndre Sogn) - it is called the masterpiece among the carved Netherland altarpieces in Denmark. East of the lakes is the old Asmild kloster, the oldest section of a nunnery built around 1100. It was in Asmild church king Erik Emune let bishop Eskil of Viborg kill in front of the altar during mass.

Because of its central situation and the many roads leading to Viborg the city has a large trade and a diversified industry. First of all it is an important administration- and institution town with courts, state districts, a large hospital and nurse school, media schools, teacher seminary, trade school, domestic arts school, cathedral school and a district gymnasium. North of Viborg is the beautiful scenery of Hjarbæk fjord, south of Viborg the deep Hald lake with old oak- and beech woods, Dollerup bakker with heather hills. The historic murder place Finderup lade does not exist anymore, but the historic village lies west of the forests. King Erik Klipping was killed here on Sct. Cecilia-night, 22 November in 1286. He is buried in Viborg cathedral.

Tourist sailing: a boat Margrethe I sails in the summer season on the lakes from where is a magnificent view to the city. City Museum in a historistic styled  and richly decorated building; the Skovgård Museum with art  exhibitions in the old Baroque town hall; "Brænderiet" which is art and culture center with alternate art exhibitions . In the Biblical gardens is opportunity to study the plants mentioned in the Bible; a garden called "Pilehaven" where the old Johannitterkloster was placed, until it was broken down in 1578. A basket weaver has formed the hedges, benches and huts in the park from willow and maple branches. "Latinerhaven", a labyrinthic park, with a fountain " Løvebrønden" (Lion's well), the park has a memorial for the ornitologist H.Chr. Mortensen, called Fuglemortensen (Bird Mortensen); he put Viborg on the map when he in 1899 put the ringing of birds in system. From the Gråbrødrekloster (Fransiscan kloster) in 1236 is little kept, but the ground plan of the kloster is marked by beech hedges.

photo Viborg 2006/2010/2011: grethe bachmann