War differs from peace in many ways. Most of the laws we have considered address peacetime and deal with wrongdoings at home. Yet war requires its own principles. There must be rules of conduct to keep soldiers disciplined and to govern how disputes are settled in combat. Humanity has long recognized the frenzy of battle, knowing it can result in unspeakable horrors if left unchecked. Therefore, it is imperative to impose certain standards and mechanisms, ensuring that victors do not abuse either the innocent or those who have been defeated. The earliest law known to man, the Hammurabi Code, speaks on this:
If a chieftain or man be caught in the misfortune of the king (captured in battle), and if his fields and garden be given to another and he take possession, if he return and reaches his place, his field and garden shall be returned to him, he shall take it over again.1
The Hammurabi Code is from the early polytheistic culture of Babylon, 1755-1750 BCE, and explains mercies in dealing with those they have defeated in war. The Mahabharata (3rd Century BCE) of India describes how unrelenting power lust can destroy everything in its path, and how this displeases the Gods (Devas):2
Kingdoms are corrupted by sinful kings who cannot control their souls and are ruined by their sins. You have attacked me by abducting Sita, and you will cause the death of many innocent people. Inflated with power and pride, you have killed numberless Rishis living in the jungle and you have insulted the Devas. You have killed great kings and sorrowing women. Retribution for those vicious sins is about to overtake you, for I will kill you and all your advisors.
In the Germanic realm, maintenance of sacred rites involving the blessings of victory and discipline on the battlefield were the duty of the priests, and were upheld as the most sacred institution within any conflict:
They choose their kings for their noble birth, their generals for their prowess: the king’s power is neither unlimited nor arbitrary, and the generals owe their authority less to their military rank than to their example and the admiration they excited by it: if they are dashing, if they are conspicuous, if they charge ahead of the line. But they may not execute, they may not bind, they may not even strike a delinquent; those are the privileges solely of the priests, and they do such things not as a form of military punishment nor at the generals’ bidding, but as if such were the express commands of the deity whom they believe to be present on the field; and they carry with them into battle certain images and statues brought out of the sacred groves.
Here we see religious parameters defining the field of battle, grounded in the principle that the Gods themselves oversee military discipline. If priests are entrusted with administering justice in war, then the very act of battle takes on a sacred quality. Our divine Gods are not keepers of Chaos but embody their holy Order; they would never sanction cruelty and oppression as the norm in warfare. Even though battle is, by nature, a nightmarish endeavor, once the dust settles and the final blow is struck, our commitment to duty and morality must overcome any thirst for blood or power. This is not to suggest that we never conquer, never slay, or never seek redress for wrongs, only that there must be limits, and the true Herdrengr has the wisdom to recognize the time for restraint.
Below is a set of laws we can add to the Æfinlǫgr as part of military law. These would be the Týslǫgr, or Laws of Týr, our God of War.
1. As men approach the field of battle they are to sing a hymn to Óðinn for victory, and then as they face their enemy they are to perform the Randgaldr (Shield-Song).1
2. A man going into service of war is given his insignia. In ancient times this was his shield. Losing one’s insignia is a sign of great disgrace, and forbids one from entering the sacred rites or joining the Þing.2
3. The wedge-shaped formation is holy and was given to us by Óðinn himself.1
4. Military leaders are to prove their worth through deed, rather than rank.2
5. Only the Goðorð may issue punishments and have military tribunals regarding the discipline of soldiers, by the order of the holy Gods.3
6. Families should defend their homes, and clans their nations. All men should learn to protect both.4
7. Women should support their men on the battlefield, with provisions and encouragement. They should know how to tend to their wounds, and be the ones to collect their remains for last rites if necessary.5
8. In war women must serve as the inspiration to the men, and rally them in support for their families and their cause. They are also used in Vígspá (Battle-Prophecy).6
9. Treason and cowardice are considered the greatest of crimes in war, and are met with the severest of punishments.7
10. A man should be given his arms and insignia upon reaching adulthood. His weapon is sacred to him and should never be away from him in private or public affairs.8
11. The most honored position of any warrior is to be the personal guard of his jarl or king. A large retinue of strong warriors is a sign of dignity and stature for their lord, and reflects upon their clan as well.9
12. On the battlefield the jarl is to surpass all others in valor, as it is a sign of disgrace for him not to do so, as it is a disgrace for his retainers to not match his prowess. It is furthermore dishonorable for any of his retinue to survive him in the fight, for if he falls they are shamed and reproached for all their days. The jarl fights for victory, his warriors for their jarl.1
13. A jarl is to be generous and give freely to his retinue, which builds his reputation and honor amongst his clan.2 These laws lay the groundwork for our military code and should be viewed as forging a sacred tradition for our Herdrengir. In the modern age, we must adhere to whatever statutes our oaths demand when serving in any military, yet still strive to uphold the time-honored customs of our people.
1§27.
2Canto 282.
1Tacitus’ Germania ch. 3,cp. Hávamál 156.
2Ibid. ch. 6.
1Ibid., see also Saxo’s Gesta Danorum bk. 7.
3Ibid. ch. 7.
3Germania ch. 7.
4Ibid.
5Ibid.
6Ibid. ch. 8.
7Ibid. ch. 12.
8Ibid. ch. 13,
cp. Hávamál 38.
9Ibid.
1Ibid. ch. 14.
2Ibid., this attitude is also found throughout the Sagas. Cf. f. ex. Egils Saga Skallagrimsson ch. 55.