CHAPTER XII

THE EMPIRE OF THE NORTH

When the eleventh century began its fourth decade, Canute was, with the

single exception of the Emperor, the most imposing ruler in Latin

Christendom. Less than twenty years earlier he had been a landless

pirate striving to dislodge an ancient and honoured dynasty; now he was

the lord of four important realms and the overlord of other kingdoms.

Though technically Canute was counted among the kings, his position

among his fellow-monarchs was truly imperial. Apparently he held in his

hands the destinies of two great regions; the British Isles and the

Scandinavian peninsulas. His fleet all but controlled two important

seas, the North and the Baltic. He had built an empire.

It was a weak structure, founded too largely on the military and

diplomatic achievements of a single man; but the King was young--in the

ordinary course of nature he should have lived to rule at least thirty

years longer--and with careful diplomatic effort, of which he was a

master, he might be expected to accomplish great things in the way of

consolidating his dominions. But instead of thirty years, the fates had

counted out less than half a dozen. In this period he was able to do

almost nothing to strengthen the bonds of empire. Canute's power did not

long remain at its zenith--the decline began almost immediately. In this

there is nothing strange; the marvel is in the fact that such an empire

was actually built.

Of Canute's many dominions, the kingdoms of Denmark, England, and Norway

had fairly distinct boundaries. Lothian might be in question between

England and Scotland; the Norwegian kings had claimed certain

territories across the Scandinavian watershed, Jemteland, a Norse colony

in Swedish possession; but otherwise the limits were tolerably definite.

The fourth division, the Slavic lands on the southern rim of the Baltic,

was a more indefinite area. Its limits are unknown; perhaps it should be

called a sphere of influence rather than a province. There were,

however, certain evident nuclei; the regions about the lower course of

the Oder with Jomburg as the chief city were doubtless the more

important part; in addition there was Semland in the extreme east of

modern Prussia, Witland a trifle farther west where the Vistula empties

into the sea; and doubtless some of the intervening territories. There

are indications that Danish settlements had also been planted in the

region of the modern city of Riga[358]; but as to their probable

relation to Canute's empire the sources are silent.

In addition to England, Canute possessed important territories elsewhere

in the British archipelago. The King of Scotland was his vassal, at

least for a part of his dominions; and we have seen that at least one

other Scottish king, probably from the extreme north of the island, had

done homage to Canute. It has also been shown that the Norse-Irish

kingdom of Dublin should, perhaps, be counted among his vassal states.

As King of Norway, Canute was lord of the Shetlands and the Orkneys,

perhaps also the Hebrides, and other Norse colonies on the west shores

of Scotland. The Faroes were not wholly subject and the Icelandic

republic still maintained its independence; but the straggling

settlements in far-off Greenland seem to have acknowledged their

dependence on the Norwegian crown.[359]

Any definite imperial policy Canute seems never to have developed. In

his own day the various units were nominally ruled by earls or

sub-kings, usually chosen from the King's own immediate family; but the

real power was often in the hands of some trusted chief whom the King

associated with the lord who bore the title. If time had been granted,

some form of feudalism might have developed out of this arrangement; but

it had few feudal characteristics in Canute's own day. It was evidently

Canute's intention to continue the scheme of one king for the entire

group of dominions, for at the imperial assembly at Nidaros, he placed

Harthacanute in the high-seat and gave him the administration of

Denmark, which was, after all, the central kingdom. The Encomiast bears

further testimony as to Canute's intention when he tells us that all

England had taken an oath to accept Harthacanute as king.[360] It seems

that Canute, to secure the succession to his legitimate son, had adopted

the Capetian expedient of associating the heir with himself in the

kingship while he was still living.

So long as obedience, especially in matters of military assistance, was

duly rendered, few difficulties were likely to arise between the supreme

lord of Winchester and his subordinates in Nidaros, Roeskild, or

Jomburg. As the union was personal, each kingdom retained its own laws

and its own system of assemblies, though this must have been true to a

less extent in the Slavic possessions, as these seem to have been

regarded almost as a Danish dependency. When the reign closed,

Harthacanute was governing Denmark; Sweyn assisted by his mother Elgiva

had charge of Norway, though at that moment the Norwegian rebels were in

actual control. Canute ruled England himself, not because it was

regarded as the chief or central kingdom, but more likely because it

could not with safety be entrusted to any one else.

So far as the Empire had any capital, that distinction appears to have

belonged to the ancient city of Winchester. Here in the heart of Wessex

was the seat of English government, the royal and imperial residence. We

naturally think of Canute's household as an English court; but it is

difficult to determine what racial influences were in actual control.

Nor do we know what was the official language in Canute's royal garth;

but the probabilities are that both Old English and Old Norse were in

constant use. The housecarles who guarded the royal person and interests

were in large part of Scandinavian birth or blood. The Norse poets who

sang praise-lays in the royal hall at Winchester sang in their native

dialects. Of the King's thegns who witnessed Canute's land grants, as a

rule about one half bear Scandinavian names; there can be little doubt

that most of these were resident at court, at all events those whose

names appear in more than one document.

Other nationalities, too, were represented at Winchester. In the

enrolment of housecarles, the King asked for strength, valour, wealth,

and aristocratic birth; not, it seems, for Danish or English ancestry.

The bishops that Canute sent from England to Denmark appear to have been

Flemings or Lotharingians. William who in a later reign became bishop of

Roeskild is said to have come to Denmark as Canute's private secretary

or chancellor; but William is neither a Northern nor a Saxon but a

Norman name. And thus with Dane and Angle, Norman and Norseman, Swede

and Saxon, Celt and German thronging the royal garth the court at

Winchester must have borne an appearance that was distinctly

non-English. As at other courts, men came and went; and the stories of

the splendours at Winchester were given wide currency. The dissatisfied

Norsemen who sought refuge in England found at Canute's court

greater magnificence than in any other place, both as to the number

in daily attendance and as to the furnishings and equipments of the

palaces that he owned and occupied.[361]

Sighvat the Scald, who had seen Rouen and visited Rome, was so deeply

impressed with the glories of Canute's capital that in his praise-lay he

introduced the refrain:

Canute was under heaven

The most glorious King.[362]

There seems also to have been a notable Slavic element in Canute's

retinue. Attention has been called to the King's Slavic ancestry: the

Slavic strain was evidently both broader and deeper than the Danish. One

of the King's sisters bore a Slavic name, Santslave[363]; another

sister, Gunhild, married a Slavic "king," Wyrtgeorn or Witigern,[364]

who may have been the Wrytsleof who witnessed an English land grant in

1026[365]; possibly he was visiting his English kinsfolk at the time.

Among the chiefs of the imperial guard was one Godescalc, the son of a

Slavic prince, though Danish on the maternal side; he, too, married into

the Danish royal family.[366]

The affairs of each separate kingdom were evidently directed from the

national capitals and administered largely by native functionaries. At

the same time, it seems to have been Canute's policy to locate Danish

officials in all his principal dominions, at least in the higher

offices. The appointment of Danes to places of importance in England has

been noted in an earlier chapter. With the subjection of Norway, a

number of Danes received official appointments in that kingdom. A

leading cause of the Norwegian revolt in 1034-1035 was the prominence

given to aliens in the councils of the regent Sweyn: "Danish men had in

those days much authority in Norway, but that was liked ill by the men

of the land."[367] On the other hand, no Englishman seems to have

received official responsibilities in the North except in the Church;

and it may be doubted whether Canute sent many Anglian prelates to his

realms in the east: the bishops that we have record of seem to have been

Normans, Flemings, or clerks from the Danelaw. When a court bishop was

to be found for the household of Earl Hakon, the choice fell upon

Sigurd, a Dane and a violent friend of Danish rule.

Of Canute's diplomacy the sources afford us only an occasional glimpse;

but the information that we have indicates that he entered into

diplomatic relations with almost every ruler of importance in Northern

and Western Europe. The King of Scotland became his vassal. The sagas

tell of an embassy to Sweden in the years preceding the attack on

Norway. During the same period Canute's cousin, the King of Poland,

apparently sought his alliance against the Germans. With the Emperor he

maintained the closest relations. The Norman dukes were bound to the

Danish dynasty by the noble ties of marriage. On his visit to Rome the

English King came into personal contact with the King of Burgundy and

His Holiness the Pope. Even to distant Aquitaine did the mighty monarch

send his ambassadors with messages of good-will in the form of

substantial presents. In a panegyric on William the Great, the Duke of

Aquitaine, Adémar of Chabannes writes that every year embassies came to

the Duke's court with precious gifts from the kings of Spain, France,

and Navarre, "and also from Canute, King of the Danes and the Angles";

and the chronicler adds that the messengers brought even more costly

presents away.[368] On one occasion "the King of that country [England]

sent a manuscript written with letters of gold along with other

gifts."[369] As this statement seems to have been written in 1028, and

as the author emphasises the fact that this beautiful codex had arrived

"recently," it seems probable that this embassy should be associated

with Canute's pilgrimage to Rome the year before. It is not strange that

Canute should wish to honour a prince like William; and it is only

natural that he should wish to placate a people who had suffered so

much, as the Aquitanians had, from the raids and inroads of his former

associates and his allies, the vikings and the Normans.

With respect to his immediate neighbours, Canute's policy was usually

absorption or close friendship. What he felt he could add to his

dominions, he added; where this was not possible, he sought peace and

alliance. His diplomacy must have concerned itself especially with three

states: Normandy, Sweden, and the Empire. As to his relations with

Sweden after the encounter at Holy River, history is silent; but war was

evidently avoided. Canute probably regarded any effort to extend his

territories eastward as an unwise move, so long as the disappointed

Norwegian chiefs continued to show signs of unrest and rebellion.

With Normandy he lived in continuous peace for more than a decade, until

Robert the Devil took up the cause of the exiled princes. That Canute

feared a move in this direction seems evident; and as Queen Emma's

influence at Rouen was probably weakened by the death of Richard the

Good (1027), it was no doubt in the hope of strengthening his position

at the ducal court that Canute sought the title of duchess for his

widowed sister. As we have seen, his success was only temporary, and for

a time war seemed imminent. But the confused situation in the French

kingdom at this time proved Canute's salvation. In the civil war that

followed the accession of Henry I. to the French throne in 1031, Robert

of Normandy took a leading part on the King's side; and it was largely

due to his efforts that Henry finally overcame his enemies.[370]

Meanwhile, the sons of Ethelred and Emma had to wait several years

before another opportunity appeared with sufficient promise to tempt the

exiles back across the Channel. For soon after the French King was

safely enthroned, famine came upon Normandy, an affliction that led

Robert the Devil to think of a visit to the grave of Christ. The journey

was undertaken but on the return the Duke died in Asia Minor (1035).

His successor was William who finally conquered England; but William was

a child and Canute had no longer any fears from that direction. A few

months after Robert's death the King of England also closed his earthly

career. Had Robert survived Canute, it is likely that some of the

results of Hastings might have come thirty years earlier than they did.

After 1019, when Canute ascended the Danish throne, the attitude and

plans of the Emperor became an important factor in Northern diplomacy.

The Empire was a dangerous neighbour; the Ottos had apparently been

ambitious to extend their authority throughout the entire Jutish

peninsula. But during Canute's reign neither power could afford to

offend the other; and the Danes were therefore able to keep continued

peace along the southern borders of the kingdom. At one time, when the

Emperor found himself in serious difficulties, Canute was able to drive

a hard bargain and exchange his friendship for a strip of imperial

territory.

It is not likely that the German kings looked with much favour on Danish

expansion at the mouths of the Vistula and the Oder, but they were not

in position to prevent it. In 1022, when Canute made his expedition to

Wendland, the Emperor Henry II. was absent in Italy, striving, as usual,

to reduce disorder.[371] Two years later he died, and Conrad of

Franconia was chosen King of the Germans. His election was the signal

for uprisings and plots almost along the whole length of the border, in

Poland, in Lorraine, and in Lombardy.[372] Boleslav, King of the Poles,

died in the following year (1025), but his successor continued the

policy of hostility to the Germans and seems to have sought the alliance

of his cousin Canute against the Teutonic foes.[373] Conrad, too, sought

Canute's friendship and was able to outbid his Polish rival. It was

agreed that there should be perpetual peace between Conrad and Canute,

and to cement the good understanding and secure its continuance in years

to come, Canute's little daughter Gunhild, who could not yet have been

more than five or six years old, was betrothed to Conrad's son Henry,

who was, perhaps, three years older.[374] The covenant was kept, and

Henry received his bride about ten years later (1036), after the death

of Canute. The bridegroom was the mighty Emperor Henry III., though he

did not attain to the imperial dignity before the death of Conrad in

1039. Gunhild was crowned Queen of Germany and as a part of the ceremony

received the more honoured German name Kunigund; but she never became

empress, as she died in 1038.[375]

In return for his friendship, Canute received the mark of Sleswick, a

strip of land between the Schley and the Eider, that Henry the Fowler

had taken from the Danes a century before. Thus the Eider once more

became the boundary of the Danish kingdom. But apart from territorial

acquisitions, Canute was doubtless glad to conclude the treaty, as he

was just then planning the conquest of Norway. The negotiations with

Conrad were probably concluded in the year 1025 or 1026, though more

likely in the former year.[376]

Perhaps at the same time the German King invited his ally to participate

in his coronation as Emperor; for in 1027 Canute journeyed to Rome to

witness the great event. There can be little doubt that on this occasion

the pledges were renewed. But even in the absence of formal treaties

there was small occasion for Conrad to make trouble for his neighbour to

the north. The years following his coronation in Rome saw four serious

revolts in Germany; not till 1033 was real order restored in Conrad's

kingdom.

There was another power that Canute could not afford to antagonise or

even ignore: no mediæval monarch could long flourish if he overlooked

the needs of the Church. During the first years of his English kingship,

Canute does not seem to have sought to conciliate the clergy; but after

a few years he apparently adopted a new policy and strove to ally

himself with the priesthood. It was as king of England that he first

succeeded in forming such an alliance; in his other kingdoms, the

ecclesiastical problem assumed a somewhat different form.

With the head of Christendom, Canute's relations seem to have been

cordial throughout his entire reign. It was the papacy that made the

first move to establish such relations: in 1019 Archbishop Lifing

brought a message back from Rome replete with good advice which seems to

have nattered the young Dane. The pilgrimage to Rome doubtless

strengthened the bond; especially must the King's later efforts to see

that the proper church dues were collected have pleased the Popes of

that period. For the papacy had fallen low in that age: the Pope whom

Canute visited was only a layman up to the day of his election to the

sacred office; his successor Benedict is said to have been a mere boy

when he was elevated to the papal dignity, though authorities differ as

to his age. There was, therefore, little likelihood of any conflict so

long as the Peter's pence were regularly transported to Rome. A new

papacy was to come; but Hildebrand had not quite reached manhood when

Canute went to his rest.

Canute's ecclesiastical policy in England, at least during the closing

years of his reign, seems to have aimed at greater control than had been

the case earlier. The friendship and active good-will of the Church

could best be secured by carefully choosing the rulers of the Church. As

a Christian court, the royal household at Winchester had in its

employment a regular staff of priests, nine of whom are mentioned in the

documents. Canute honoured his priests; he seems to have invited them to

seats in the national assembly; he called them in to witness grants of

land. Finally, he honoured several of them still further by appointing

them to episcopal office: at least three of Canute's clerks received

such appointments before the reign closed.[377] His successor inherited

his policy and several more of Canute's chapel clerks were honoured in

Edward's time. The policy was not new: even in Carolingian times the

royal chapel had been used as a training school for future prelates, and

there are traces of a similar practice in England long before Canute's

time. But so far as the Dane was concerned, the plan was probably

original: we cannot suppose him to have been very well informed as to

precedents more than two centuries old.

In Norway the problem was how to christianise and organise the land, and

Canute had no great part in either. The Danish Church, however, was

growing in strength and developing under conditions that might produce

great difficulties: it was the daughter of the German Church; it was

governed by an alien prelate.

The primacy of the Northern churches belonged to the see of Bremen, the

church from which the earliest missionaries had gone forth into Denmark

and Sweden. While this primacy was in a way recognised, in practice,

the Northern kings in the early years of the eleventh century paid small

regard to the claims of the archbishop. The two Olafs depended mainly on

England and the neighbouring parts of the Continent for priests and

prelates; and Canute, as King of England, seems to have planned to make

the Danish Church, too, dependent on the see of Canterbury. At this time

Unwan was Archbishop of Bremen; for sixteen years he ruled his province

with a resolute hand and for the most part with strength and wisdom.

Unwan was displeased when he learned that Canute was sending bishops

from England to Denmark; we have already seen how he managed to make a

prisoner and even a partisan of Gerbrand, who, like Unwan himself, was

doubtless a German. This must have been in 1022 or 1023, more likely in

the former year. Aided by Gerbrand, who acted as mediator, Unwan was

able to make Canute recognise his primacy. Adam of Bremen mentions great

gifts that Unwan sent to Canute,[378] but these were probably not the

determining consideration. In 1022, Canute was fighting the Slavs and

adding territory that would naturally belong to the mission fields of

Bremen, and it would hardly be wise to make an enemy of one whose

historic rights had been admitted by earlier Danish kings. Till Unwan's

death in 1029, the King and the Archbishop were fast friends. Unwan

served as mediator between Canute and the Emperor when the alliance

was formed in 1025 (?)[379] and otherwise served the Danish King. It

seems probable that a personal acquaintance was formed, for Adam tells

us that Unwan rebuilt Hamburg and spent considerable time there,

"whither he also invited the very glorious King Canute ... to confer

with him."[380]

[Illustration: THE HYBY STONE (Monument from the first half of the

eleventh century; raised to a Christian as appears from the cross.)]

The _entente_ that was thus formed seems also to have affected mission

operations in Norway. It is likely that Unwan demanded that King Olaf

should no longer be allowed to recruit his ecclesiastical forces in

England; for soon after the date that we have assumed as that of the new

treaty, Bishop Grimkell appeared as King Olaf's ambassador at Unwan's

court. The Bishop, who was evidently a Northman from the Danelaw,

brought the customary gifts and the prayer that Unwan would accept the

Anglian clerks and prelates then in Norway as of his province and that

he would further increase the clerical forces of the kingdom.[381] Thus

in the years 1022-1023, the rights of Hamburg-Bremen were recognised

everywhere.

Unwan was succeeded in the province by Libentius, the nephew of an

earlier Libentius who had held the metropolitan office in Bremen before

Unwan's day. He was of Italian blood and therefore not likely to be

burdened with German sympathies. Before everything else, says the good

Master Adam, he entered into friendly relations with the King of the

Danes.[382] But during Libentius' as well as Unwan's primacy Canute

seems to have selected the bishops for his Danish as well as for his

English sees.

During the closing years of his life, Canute's policy was completely

identified with that of the mediæval Church as regards his attitude

toward heathen and un-Christian practices. So long as the Norwegian

problem was unsettled, the King dared not take a decided stand against

the old faith, as he was too much dependent on heathen or semi-heathen

assistance against King Olaf. But after the conquest there was no reason

for further delay, and the English Church got its desired legislation.

In two comparatively long enactments, one ecclesiastical and one

secular, all the old and important church laws were re-enacted and

various new provisions added.[383] Archbishop Dunstan was canonised and

given May 13th as his mass day.[384] Added protection was given to

churches and to the ministers of the altar: outlawry was to be the

punishment for slaying a priest.[385] It was carefully explained that

the privileges of the priesthood were due to the exalted character of

the divine office; for

great is the exorcism and glorious the consecration that cast out

devils and put them to flight whenever baptism is celebrated or the

host is consecrated; and holy angels are present to watch over the

sacred act and through the power of God to assist the priests so

long as they worthily serve Christ.[386]

Sundays and other church holidays were to be properly kept; and no

commercial transactions were to be tolerated on Sundays, nor were the

public courts to hold sessions on those days except in cases of extreme

necessity.[387] Due attention was to be given to the seasons when the

Church prescribed fasting; but it was explicitly stated that except in

the case of penitents, no fasting was to be required between Easter and

Pentecost, or from Christmas to the close of the week following

Epiphany,[388] the joyous period of the Northern Yule-tide.

It seems clear that enactments of this sort would be necessary only in

regions where there might still be a considerable number of recent

converts with whom the observance of Christian rites and customs had not

yet become a habit. It may be, therefore, that these laws were

particularly intended for certain parts of the Danelaw. Perhaps it was

the need of improving the religious conditions in the Danish settlements

that inspired the royal demand for general instruction in the

fundamentals of the Christian faith.

And we order every Christian to learn at least so much that he can

understand clearly the teachings of the true faith, and to learn

thoroughly the Pater Noster and the Credo.[389]

Some attention is also paid to ecclesiastical finance. Fines were

provided for neglect in the payment of church dues; part of these were

to be paid to the bishop. The Anglo-Saxons were in the habit of making

contributions for church lights at the feast of the Purification

(Candlemas, February 2d), at Easter Eve, and on All Saints' day

(November 1st). A fortnight after Easter plough alms were to be paid. A

tithe of young beasts was due at Pentecost. Peter's pence were

contributed on Saint Peter's day (August 1st). A tithe of the harvested

crops was due at All Saints' day. The last tax of the year was the

church scot which was paid at Martinsmas (November 11th). All these

contributions are specifically mentioned and urged in Canute's laws for

the English Church.[390]

The second part of Canute's legislation, the secular laws, is a document

of considerable length, of which only a comparatively small part is

copied from the earlier "dooms." It deals with a variety of subjects,

several of which may be classed as religious rather than secular. A very

important act was the definition and prohibition of heathendom and

heathen practices.

Heathendom is the worship of idols, namely the worship of heathen

gods, and the sun or moon, fire or flood, fountains or rocks or

forest trees of any sort; also to practise witchcraft or to commit

murders in any manner, whether in sacrifices or in auguries, or to

busy oneself with any such delusion.[391]

As it is not customary to forbid what is never performed, we have in

this enactment evidence for a persisting heathendom on English soil. In

the Scandinavian colonies pagan practices were probably hard to uproot;

at the same time, it is not likely that the old faith was a force that

needed to be considered any longer.

The matter of Christian marriage is dealt with in both the secular and

the ecclesiastical laws. It was difficult to enforce the regulations of

the Church on this subject and particularly among the vikings, whose

ideas as to the binding force of marriage were exceedingly vague.[392]

Canute forbade clandestine marriages; to the old law that a man should

have but one wife he added the important provision that "she should be

his legally espoused wife."[393] He also gave the protection of the

state to widows and virgins who preferred to remain unmarried.[394]

Other important enactments deal with matters of finance, especially with

the King's share in the fines assessed in the courts, his income from

his estates, and coinage and counterfeiting; there are also important

laws that look toward the security of persons and of property. The

principle of equality before the law is distinctly stated: the magnates

were to have no unusual privileges in the courts of justice.

Many a powerful man will, if he can and may, defend his man in

whatever way it seems to him the more easy to defend him, whether

as freeman or as _theow_ (serf). But we will not suffer that

injustice.[395]

With the legislation of Canute, the development of Old English law comes

to a close. Various tracts or customals of considerable importance were

composed in the eleventh century, some of which may have been put into

form after the close of Canute's reign; but of these we know neither the

authors nor the date. The "Laws of Edward" that the Norman kings swore

to maintain were in reality the laws of Canute; for when the

Anglo-Norman lawyers of the early twelfth century began to investigate

the subject of Old English law, they found its most satisfactory

statement in the legislation of the mighty Dane. In the _Quadripartitus_

these laws occupy the most prominent place; while the compilations that

Liebermann has called the _Instituta Cnuti_ and the _Consiliatio Cnuti_

are scarcely more than translations of Canute's legislation for church

and state.[396]

So great was the Danish King's reputation as a lawmaker in the twelfth

century that he was even credited with enactments and institutional

experiments with which he never had any connection. Toward the close of

that century an official of the royal forest, as it seems, drew up an

elaborate law for the King's hunting preserves which he tried to give

currency and authority by ascribing it to Canute.[397] The Dane was not

indifferent to the chase, but he did not find it necessary to make it

the subject of extensive legislation. In his secular laws the subject is

disposed of in a single sentence: "And let every man forego my hunting,

wherever I wish to have it free from trespass, under penalty of the full

fine."[398]

In the so-called "Laws of Edward the Confessor" it is stated that the

_murdrum_ fine originated in the reign of Canute. It is well-known that

William the Conqueror found it necessary to take special measures for

the protection of his Normans from assassination at the hands of

Englishmen who were seeking vengeance; he decreed, therefore, that the

hundred where the murder of a Norman was committed should see that the

criminal was given proper punishment or pay a heavy fine in case of

default. The twelfth-century lawyer who drew up the "Laws of Edward"

evidently believed that in this matter William was following a precedent

from Danish times.[399] But though it seems that Canute was obliged to

legislate for the protection of his Danish officials and subjects in

Norway, there is no good evidence for any corresponding decree in

England.

A similar conclusion has been reached as to Canute's responsibility for

the institution known as frankpledge. Tithing and surety, two Old

English institutions which were the roots of the later frankpledge, are

mentioned in the laws of Canute; but they were still distinct. The

tithing, normally a group of ten, was charged chiefly with the duty of

assisting in the pursuit of criminals; not until its members had been

pledged to a duty of mutual suretyship, each being held responsible in

certain respects for the behaviour of all his associates in the group,

did the tithing develop into the pledge.[400]

In Canute's empire there were at least two institutional systems, those

of England and of the North. In some respects both had attained a high

development. The question how far these systems influenced each other as

the result of the union is a difficult one: the union of the crowns was

of short duration and the institutional changes that seem to indicate

borrowing may be due in large part to earlier contact through the

Danelaw. With the Northmen came a new conception of personal honour and

a new term for criminality of the most dishonourable type, the _nithing_

name. Norse rules were introduced into court procedure. Administrative

areas came to bear Norse appellations, as the wapentake in the Danelaw

generally and the riding in Yorkshire.[401] These facts, however, belong

in large measure to the earlier development, though it doubtless

continued through the reign of Canute and longer.

But though Scandinavian ideas of law had long flourished on English

soil, it was not till Canute's day that they were formally accepted as a

part of the Anglo-Saxon legal system. In penal legislation a new spirit

appeared: there was less mercy and punishments became more

severe--exile, mutilation, and forfeiture of life more common. If the

ordeal should convict a man of a second offence, the penalty might be

the loss of the hands or the feet, or of both. Still further mutilation

was decreed if the criminal should continue to commit grave offences;

"but let the soul be spared."[402] The same penalties were not always

provided for both sexes: a faithless husband might have to pay the

ancient money fine for man-slaughter; a sinning wife was to suffer the

loss of all her property and her ears and nose.[403] Certain

institutions of Scandinavian origin took on a peculiar form during

Canute's reign: for instance, the guard of housecarles in its English

and later Danish form, and the office of staller or the King's spokesman

at the popular assemblies, which office seems to have been introduced

into England in Canute's day.[404]

It is still more difficult to determine what results the union had for

the institutional development of Denmark. On only one point have we

clear evidence: Canute was the first Danish King to begin a systematic

coinage of money. Coins were stricken in Denmark before his day, but

there was no organised system of mints. Canute supplied this need, using

the English pattern. He brought moneyers from his western kingdom and

located them in the chief cities of Denmark; coins have come down to us

that were stricken by these moneyers in the cities of Roeskild,

Ringsted, Odense, Heathby (Sleswick), and Lund.[405]

On the other hand, Canute's Norwegian legislation shows clear traces of

Anglo-Saxon influence. Of his three kingdoms, Norway, doubtless, had the

least efficient constitution. In Norway there was much liberty, but also

much disorder; emphasis was placed on personal rights, especially on

those of the aristocracy; but such emphasis is too frequently subversive

of good government. The Dane was a believer in strong, orderly

administration: it was his purpose to introduce European principles

into the Norse constitution. Had he been personally in control he might

have succeeded but his deputies at Nidaros were unequal to the task;

discontent and rebellion were the result.

For the laws that the new regents proclaimed in Norway, the Norsemen

were inclined to lay all blame on Sweyn's mother, Elgiva (Alfiva, the

Northmen called her), Canute's mistress of olden time. But there can be

little doubt that in this matter she and her son merely carried out the

King's instructions. The laws fall into three classes: revenue

legislation, police and military ordinances, and a new definition of

penalties.[406]

A new tax that apparently affected the entire population was the demand

that at Christmas time every hearth should contribute certain "gifts": a

measure of malt, the leg of a full-grown ox, and as much unspun flax as

could be held between the thumb and the middle finger. This reminds one

somewhat of the English ferm, a contribution that was due from the

various counties. It was also enacted that the franklins should assist

in erecting buildings on the royal estates, and that merchants and

fishermen and all who sailed to Iceland should pay certain dues to the

King.

A law that was clearly aimed at the ancient practice of blood feud

provided that murder should entail the loss of lands as well as of

personal property; also that the King alone should take inheritance

after an outlaw. In those same years Canute decreed in England that

whoever committed a deed of outlawry should forfeit his lands to the

King. The new Norse laws also forbade any subject to leave the land

without permission, on pain of outlawry. Parallel to this is the English

law that ordered forfeiture for leaving one's lord, with the difference

that in Norway the King himself was the lord. It was also decreed that

the testimony of a Dane should outweigh that of ten Norsemen, the

purpose of which was clearly to secure the lives of Danish officials and

soldiers.

It was further provided that every male above the age of five years

should be counted one of seven to equip a soldier. It may be that this

provision was suggested by the Old English custom of grouping five hides

of land (originally the lands of five households) for similar purposes.

Snorre believes that these laws were Danish in origin; but it is more

likely that they grew out of Canute's experience with Anglo-Saxon custom

and the principles of Continental feudalism, though it is possible that

some of them had been introduced into Denmark earlier in the reign and

came to Norway from the southern kingdom.

[Illustration: RUNIC MONUMENT FROM UPLAND, SWEDEN (Shows blending of

Celtic and Northern art.)]

FOOTNOTES:

[358] Steenstrup, _Normannerne_, i., 195-199.

[359] Munch, _Det norske Folks Historie_, I., ii., 704, 705.

[360] _Encomium Emmæ_, ii., c. 19. The Encomiast is intensely partisan

and much given to exaggeration; but we cannot reject the statement as to

the English oath without convicting him of a worse fault for which there

was scarcely a sufficient motive at the time when the _Encomium_ was

composed.

[361] Snorre, _Saga of Saint Olaf_, c. 130.

[362] _Corpus Poeticum Boreale_, ii., 135-136.

[363] Steenstrup, _Venderne og de Danske_, 64-65. The name occurs in the

_Liber Vibæ_ of Winchester in a list of benefactors. See above p. 57.

[364] Steenstrup, _Venderne og de Danske_, 65. Florence of Worcester,

_Chronicon_, i., 199.

[365] Kemble, _Codex Diplomaticus_, No. 743.

[366] After Canute's death, Godescalc returned to his native country and

took up the cause of Christian mission effort among the heathen Wends.

Adamus, _Gesta_, ii., cc. 64, 75.

[367] Snorre, _Saga of Saint Olaf_, c. 247.

[368] _Mon. Ger. Hist., Scriptores_, iv., 134; Adémar's _Chronicle_,

ii., c. 41.

[369] Migne, _Patrologia Latina_, cxli., col. 122: sermon by Adémar.

Migne considers the sermon of doubtful genuineness, possibly because he

thought its delivery should go back to 998, when in reality 1028 seems

to be the correct date.

[370] Lavisse, _Histoire de France_, II., ii., 162.

[371] Manitius, _Deutsche Geschichte_, 322-323.

[372] Manitius, _Deutsche Geschichte_, 360-361, 365, 389 ff.

[373] _Ibid._, 369-370.

[374] Adamus, _Gesta_, ii., c. 54.

[375] _Danmarks Riges Historie_, i., 409.

[376] Adamus, _Gesta_, ii., c. 54. Manitius (_Deutsche Geschichte_, 370)

believes the cession was not made before 1035.

[377] Larson, _The King's Household, in England_, 140-142.

[378] _Gesta_, ii., c. 53.

[379] _Gesta_, ii., c. 54.

[380] _Ibid._, c. 58.

[381] _Ibid._, c. 55; iv., c. 33.

[382] Adamus, _Gesta_, ii., c. 62.

[383] Liebermann, _Gesetze der Angelsachsen_, i., 278 ff.

[384] _Canute_, c. 17, I.

[385] _Ibid._, cc. 3, 4; _II. Canute_, c. 39.

[386] _I. Canute_, c. 4, 2.

[387] _Ibid._, c. 15.

[388] _Ibid._, c. 17.

[389] _I. Canute_, c. 22.

[390] _Ibid._, cc. 8-10.

[391] _II. Canute_, c. 5, 1.

[392] On this point the Norse sources furnish evidence everywhere. For

the condition among the Scandinavians in Britain, see the account of the

"Siege of Durham" published among the writings of Simeon of Durham

(_Opera Omnia_, 215-220).

[393] _I. Canute_, c. 7, 3.

[394] _II. Canute_, cc. 52, 52, I, 74.

[395] _II. Canute_, c. 20, I.

[396] For the text of these compilations (including the forged forest

law) see Liebermann, _Gesetze der Angelsachsen_, i., 529-546, 612-626.

The documents have been made the subject of a series of studies by F.

Liebermann, the results of which are summed up in Pollock and Maitland,

_History of English Law_, i., 100-101.

[397] Liebermann, _Gesetze der Angelsachsen_, i., 620.

[398] _II. Canute_, c. 80, I.

[399] Liebermann, _Gesetze der Angelsachsen_, i., 642; _Leges Edwardi

Confessoris_, c. 16.

[400] On this subject see Morris, _The Frankpledge System_, c. i.

[401] On this subject the most important work is Steenstrup's _Danelag_

(_Normannerne_, iv.); see especially pp. 75-76, 85-92, 175 ff.; also

_Normannerne_, iii., 366-368.

[402] _II. Canute_, c. 30, 5.

[403] _Ibid._, c. 50 ff.

[404] Larson, _The King's Household in England_, c. 7.

[405] _Danmarks Riges Historie_, i., 404-405.

[406] Snorre, _Saga of Saint Olaf_, c. 239.

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