Scandinavians swearing oaths in tenth-century.pdf

Journal of Medieval History 28 (2002) 155–168

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Scandinavians swearing oaths in tenth-century

Russia: Pagans and Christians

Martina Stein-Wilkeshuis

Walstraat 91, 7411GK Deventer, The Netherlands

Abstract

The Old Russian Primary Chronicle reports on four tenth-century treaties concluded on oath

between unchristianised merchants coming from Scandinavia and the Greek emperor, describ-

ing the oaths and ceremonies, the objects used, and the gods invoked. This article presents an

investigation into the oaths and the formalities performed on those occasions. The opportunity

is given for a comparison with fragmentary data elsewhere in the Scandinavian area of the

time, and for a clariﬁcation of the portrayal of the oath in its pre-Christian form. As the

agreements were concluded on the eve of Russian’s ofﬁcial Christianisation, interesting

encounters between pagans and Christians are signalised.

2002 Elsevier Science Ltd. All

rights reserved.

Keywords: Scandinavia; Rus; Byzantium; Oath-taking; Trade

In times when Western Europe suffered from Viking raids, and indeed before that

period, journeys from the North were undertaken by boat along the Russian rivers

Lovat, Volkhov, Volga and Dnieper. Colourful groups of professional or occasional

merchants with their wares of hides, amber, weapons and slaves, and also political

refugees, outlaws and adventurers, travelled in a southerly direction to try their luck

by trading and robbing. Some went as far as Constantinople (Old Norse Miklagar ð r ,

the Great City), and the Arab world. 1

They were unbaptised and their name was

E-mail address: steinwil@xs4all.nl (M. Stein-Wilkeshuis).

1 For the early history of Rus, see Simon Franklin and Jonathan Shepard, The emergence of Rus 750–

1200 (New York, 1996), part I; on early trading relations: P. Sawyer, ‘Ottar og vikingetidens handel’,

Ottar og Wulfstan, to rejsebeskrivelser fra vikingetiden (Roskilde, 1983); J. Callmer, ‘Verbindungen zwi-

schen Ostskandinavien, Finnland und dem Baltikum vor der Wikingerzeit und das Rus-Problem’, Jahr-

b ¨ cher f ¨r Geschichte Osteuropas , 34 (1986), 357–62; S.H. Cross, ‘The Scandinavian inﬁltration into

early Russia’ Speculum , 21 (1946), 505–15.

0304-4181/02/$ - see front matter

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M. Stein-Wilkeshuis / Journal of Medieval History 28 (2002) 155–168

Rus. Runic inscriptions, evidence from the Codex Bertiniani , 2 De administrando

imperio , 3 and Arab travel reports, leave no room for doubt that the majority of the

travellers were Scandinavians, coming from Sweden for the greater part. Staraja

Ladoga, Novgorod, Gorodishche near Lake Ilmen, Smolensk, and Kiev among

others, were set up as trading posts that developed into political centres in the course

of time. Archaeological research has shown the Scandinavian origin of numerous

objects and building structures. 4 Results of onomastic investigation into the names

of merchants and envoys involved in the negotiations for treaties with the Greek,

and the geographical names of several Dnieper falls point in the same direction. 5 In

addition, prescriptions were incorporated in two of four treaties under discussion in

this article, for settling disputes between the merchants among themselves and

between Rus and Greek. Conclusive evidence was found that the legal system with

articles on the procedure, killing, injuries and theft was closely akin to Scandinav-

ian law. 6

Their journeys brought the Rus into contact with many tribes, and their friendly

and other relations with the Greeks are of special interest. In the course of the tenth-

century four treaties between Rus and the Byzantine emperors were concluded and

conﬁrmed on oath, the texts of which have survived. The oaths, the people involved

and the accompanying ceremony form the focus of this article. Thereby a double

aim is served; ﬁrst, to give a clearer insight into contemporary oath ceremonies

elsewhere in North-west Europe, and, secondly, to observe relations between pagans

and Christians when swearing. So far, no special study has been devoted to the

subject.

1. The oath, its function and development

The early oath was a ritual guarantee of someone’s own words, by way of a

conditional self-curse, entrusted to an object invoked solemnly. Originally natural

2 The Annals of St Bertin , trans. J. Nelson (Manchester and New York, 1991), 44.

3 Constantine Porphyrogenitus, De administrando imperio , ed. and tr. Gy Moravcsik and R.J.H. Jenkins

(Washington D.C., 1967), 57f.

4 B. Malmer, ‘What does coinage tell us about Scandinavian society in the late Viking age?’ From

the Baltic to the Black Sea. Studies in medieval archaeology , ed. D. Austin and L. Alcock (London,

1990), 157–67; The archaeology of Novgorod, Russia. Recent results from the town and its hinterland,

The Society for Medieval Archaeology Monograph Series 13, ed. M.A. Brisbane (Lincoln, 1992);

J.Callmer, ‘The archaeology of Kiev’, Les pays du Nord et Byzance (Actes du colloque nordique et

international de byzantinologie tenue ` Upsal 20–22 avril 1979, Uppsala, 1981); I. Jansson and E.N.

Nosov, ‘La route de l’Est’, Les Vikings. Les Scandinaves et l’Europe 800–1200 (Paris, 1992), 74–83.

5 V.P.L.Thomsen, The relations between ancient Russia and Scandinavia and the origin of the Russian

state (Oxford, 1965), Lectures 2 and 3, and Appendix.

6 M.W. Stein-Wilkeshuis, ‘A Viking-age treaty between Constantinople and northern merchants, with

its provisions on theft and robbery’, Scando-Slavica , 37 (1991), 35–47; idem, ‘Legal prescriptions on

manslaughter and injury in a Viking-age treaty between Constantinople and northern merchants’, Scandi-

navian Journal of History , 19 (1994), 1–16; idem, ‘Scandinavian waw in a Rus–Greek Commercial Trea-

ty?’, in: The community, the family and the saint. Patterns of power in early medieval Europe , ed. J. Hill

and M. Swan (Turnhout, 1998), 311–22.

M. Stein-Wilkeshuis / Journal of Medieval History 28 (2002) 155–168

157

elements like a stone or a stream were called forth, as also a ship or weapons, the

latter being the favourite in the Germanic area. Perjury was believed to provoke the

gods’ vengeance. For the perjurer it meant the loss of, or a decrease in, personal

rights.

Under the inﬂuence of Christianity, pagan formulae were eliminated, and the oath

by God and the Saints, was sworn on the Cross, the Gospel or the relics. Although

with perjury an indirect revenge by the power invoked remained possible, violation

of one’s oath was gradually considered a sin. We ﬁnd the Christian oath in medieval

West European documents, with few traces, or none at all, left of its pre-Christian

past. Contemporary Scandinavians however, including also Icelanders, being late

converts and relatively early writers, preserve some evidence of the early culture.

In medieval Scandinavia, as in all Germanic societies, oaths formed an important

element of the legal system. Well known was the oath of denial, sworn by the defend-

ant, often with the help of so-called oath-helpers. An oath of reconciliation was

sworn at the end of disputes and feuds, and by the oath of equality the receiver of

a compensation for an injury promised to be satisﬁed with a compensation too

(instead of taking revenge), if ever in similar circumstances as his opponent. Entering

into contracts was always accompanied by taking an oath.

Tenth-century Byzantium also knew the oath: it was sworn on an ‘oath-book’,or

to the Holy Sepulchre. The eighth-century emperor, Leo IV, for instance, demanded

that military commanders, citizens and craftsmen swore a so-called collective oath

on the Cross and signed the documents. Next, the people had to proceed to the

church of St Sophia and put the documents on the altar. 7 .

2. Sources

The main source for this investigation is the Russian Povest’ vremennykh let ,or

Tales of past times . The chronicle, a late eleventh or early twelfth-century record of

Russia’s earliest history, is known under the title Primary Chronicle. .8 The name

Nestor Chronicle is also used, after the monk Nestor who, according to legend,

would have composed it in the Kievan Cave monastery. It was transmitted in two

fourteenth- and ﬁfteenth-century manuscripts in the Church Slavonic language. This

rich and colourful source has in many ways proved to be remarkably reliable. 9 In

the chronicle the texts of the treaties concluded between Rus and Greek in 907, 911,

944 (probably) and 971 respectively, have been included. Generally, scholars who

7 Lexikon des Mittelalters (M¨ nchen und Z ¨rich, 1980–99), article ‘Eid’; J. de Vries, Altgermanische

Religionsgeschichte (Berlin, 1956–7), 300–4; Reallexikon der Germanischen Altertumskunde (Berlin,

1989), IV, 537–42; K. von Amira and K.A. Eckhardt, Germanisches Recht (Berlin, 1960), II, chap. VII.

8 Povest’ vremennykh let , ed. D. ˇ iˇevskij (Tschiˇewskij) under the title Die Nestorchronik

(Slavistische Studienb ¨ cher 6, Wiesbaden, 1969); the chronicle has been translated into many modern

European languages. For this article use was made of The Russian primary chronicle. Laurentian text ,

tr. S.H. Cross and O.P. Sherbowitz-Wetzor (Cambridge, MA, 1953), henceforward known as PC .

Franklin and Shepard, Emergence of Rus , XVII–XXI.

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M. Stein-Wilkeshuis / Journal of Medieval History 28 (2002) 155–168

have studied different aspects of the treaties, do not seriously doubt their credibility.

Page, for instance, points out that the treaties, when including provisions on criminal

law, shipping law and slave trade are closely akin to an agreement concluded by

King Alfred and the Danish King Guthrum, probably after 886, and another one of

991 by King Æthelred and the Viking army. And Franklin and Shepard remark:

‘There is no serious doubt that they derive from actual charters or treaties, even if

the editors of the chronicle omitted or embellished passages. The dates provided for

the documents are very plausible’. 10

Our knowledge of the early oath within the North European area is based on a

handful of sources. Most Scandinavian legal articles were written down in the twelfth

or thirteenth century and betray Christian inﬂuences, 11 the oath being sworn on the

Holy Cross, the Gospel or the relics, and God being invoked as a witness to the

oath. This material therefore, does not generally serve our purpose. Only the Old

Icelandic lawbook Gr´g ´s , 12 and probably also the Swedish ¨ ldre V ¨stg ¨talagen , 13

preserve a few formulae used with oath ceremonies that seem to have stood the

ravages of time.

Medieval Frisian law, also, devotes attention to patching up quarrels by way of

an oath and preserves some ancient formulae. 14 Two historical events have been

included in the Anglo-Saxon Chronicle : on the edge of the Scandinavian world King

Alfred and plundering Vikings concluded two peace treaties that were conﬁrmed

on oath. 15

With Old Icelandic literary sources the investigator sets foot on historically less

reliable ground, as the events described often had experienced a lengthy oral trans-

mission. Thereby, it is not always possible to determine their authenticity with cer-

tainty. This applies to Landn ´mab ´k , or Book of Settlements, a record of Iceland’s

discovery. One of its redactions relates the introduction of the ﬁrst laws in the new

country around the year 930, the so-called ´ lﬂj ´ ts law , with instructions for taking

10 R. I. Page, Chronicles of the Vikings. Records, memorials and myths (London, 1995), 98; Franklin

and Shepard, Emergence of Rus , 103; I. Sorlin, ‘Les trait´s de Byzance avec la Russie au Xe si`cle’,

Cahiers du Monde Russie et Sovi´tique II (1961), 313–60 and 447–75; M. Hellmann, ‘Die Handelsvertr¨ge

des 10. Jahrhunderts zwischen Kiev und Byzanz’, Untersuchungen zu Handel und Verkehr der Vor- und

Fr ¨ hgeschichtlichen Zeit in Mittel- und Nordeuropa IV, Der Handel der Karolingen und Wikingerzeit ,

ed. K. D¨wel, H. Jahnkuhn, H. Siems and D. Timpe, Abhandlungen der Akademie von Wissenschaften

in G¨ttingen, Philologisch-historische Klasse, 3. Folge, 156 (G ¨ ttingen, 1987) 643–66; S. Mikucki,

‘Etudes sur la diplomatique Russe la plus ancienne’, Acad´mie polonaise des sciences et des lettres

(Cracovie, 1953); J. Malingoudi, Die Russisch–Byzantinischen Vertr ¨ge des 10. Jahrhunderts aus diplo-

matischer Sicht (Thessaloniki, 1994).

11 ‘Edsformular’, ‘Rettergang’, Kulturhistorisk Leksikon for Nordisk Middelalder (København, 1980),

vol. 3 and 14.

12 Gr´g ´ s Konungsb ´k and Gr´g ´s Sta ð arh ´lsb ´ k ed. V. Finsen (København, 1852 and 1879); Laws

of early Iceland I, tr. A. Dennis, P. Foote and R. Perkins (Winnipeg, 1980).

13 ¨ ldre V ¨stg ¨talagen , ed. C.J. Schlyter, Sammling af Sweriges gamla Lagar I (Stockholm, 1827),

1–74.

14 Altfriesische Rechtsquellen. Texte und ¨ bersetzungen , ed. and tr. W. J. Buma and W. Ebel (G ¨ttingen,

1963–77), II.

Two (of the) Saxon Chronicles I, ed. J. Earle and C. Plummer (Oxford, 1892), 74.

M. Stein-Wilkeshuis / Journal of Medieval History 28 (2002) 155–168

159

an oath. This uncertainty also concerns the Icelandic sagas, 16 family histories of

people who settled in Iceland, and their descendants. Several oath ceremonies have

been included herein. Finally, the Old Icelandic poetic Edda , a collection of poems,

many of which have a mythological character, is an important source of information

on early Scandinavian religious belief and way of thinking. Its pre-Christian origin

has been established with more certainty, but still the Edda must be used with some

caution. It has several descriptions of oaths. 17

3. The Rus swear oaths

We take up the thread with the Rus on their hazardous travels, and the four treaties

they concluded with the Greeks. The ﬁrst agreement was conﬁrmed in 907 between

Oleg, Prince of Rus, with ﬁve delegates on one side, and the Emperors Leo VI and

Alexander on the other. Probably it was concluded after an attack by the northerners

on Constantinople, which was bought off by payment of a tribute. 18 The text is in

a fragmentary form and the treaty is supposed to be preliminary to the fuller text

of the next agreement (911). Practical arrangements were laid down for the Rus

accommodation and maintenance in Constantinople. They had to live in St Mamas,

outside the city walls. Rus, coming as merchants, were to receive supplies for 6

months, including bread, wine, meat, ﬁsh and fruit, and baths would be prepared for

them. For their return home they would receive food, anchors, cordage and sails.

They were allowed to do business without paying taxes. Rus arriving without mer-

chandise had to have their names written down, and enter the city through one gate

only, unarmed and ﬁfty at a time, escorted by an imperial ofﬁcer. The treaty was

conﬁrmed on oath: 19

Thus the Emperors Leo and Alexander made peace with Oleg, and after agreeing

upon the tribute and mutually binding themselves by oath, they kissed the cross,

and invited Oleg and his men to swear an oath likewise. According to the religion

of the Russes, the latter swore by their weapons and by their god Perun, as well

as by Volos, the god of cattle, and thus conﬁrmed the treaty. 20

The next treaty was concluded in 911 between Oleg, Prince of Rus, with 15 del-

egates, among them the ﬁve men of the previous treaty, and the Emperors Leo,

Alexander and Constantine. The agreement is a conﬁrmation of the previous one,

with the same practical arrangements. This time, rules of procedure were added,

16 Icelandic sagas are from the series Islendinga s ¨ gur (henceforward IS ), 12 vols., ed. Guðni J ´ nsson

(Reykjav´k, 1953).

17 Edda, die Lieder des Codex Regius nebst verwandten Denkm ¨lern , ed. G.Neckel (Heidelberg, 1927).

18 On the reason for the 907 agreement, and its record in the PC , see G. Ostrogorsky, ‘L’exp´dition

du Prince Oleg contre Constantinople en 907’, Annales d’Institut Kondakov XI (1939), 47–62.

The Old Russian text normally uses rota for oath and has twice the more modern kljatva .

PC , 65.

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