Stringency of laws on debt—An insolvent debtor the property of the creditor—Redemption of debtor—Robbery and burglary—Robbery with violence—Robbery without violence—Punishments—Irreclaimable thieves—Laws on theft.

Nothing could show more plainly that, apart from the profession of Vikingry, the people carried on their commercial transactions in a very honourable way, than the fact that the laws on debt were very stringent, and that robbery, arson, adulteration of food, &c., were punished most severely, and in some cases put the offender outside the pale of the law.

In regard to debts and the right of the creditor, some customs which had become law seem to be of high antiquity.

When a debtor could not pay, he had to come to the Thing and offer his person to his kinsmen, if they would pay the debt; first to the nearest kinsman; then, if he would not, he could offer himself to any of the others. If none of the kinsmen would have him, he belonged to his creditor till he had paid the debt by work or otherwise.

A woman who was a debtor could not offer herself without the consent of her kinsmen.

The owner of the debtor could use him as his thrall as long as the debt was not paid, but the debtor had the rÉtt to which he was born in regard to all other men. His master could beat him, but was not allowed to sell him unless he paid a fine of forty marks, or unless he ran away, when he became a real thrall. The debtor could also give his child for a higher debt than three marks.

If he did not stay with his creditor, he was allowed half a month to go through the Fylky and try to get the debt paid. If the creditor wanted only the money and not the person, he could offer the debtor to his kinsmen; or, if they would not buy him, the creditor could sell him to any one in the country, though not as a common thrall, and not for a higher amount than the debt.

If the debtor would not work and was obstinate, then the creditor could take him to the Thing and offer him to the kinsmen of the debtor to redeem; if they would not, the creditor could kill or maim him.

“A debtor shall be taken to the Thing. He shall first be offered to his kinsmen, and first to the nearest one if he wants him, or to the one to whom he prefers to sell him. No one is allowed to take a woman thus for the sake of debt, unless with the consent of her kinsmen.... He (the creditor) shall not drive him to work with blows unless he cannot get his debt from him. The man has no rÉtt towards him (the master) and his wife and all his thralls and each to the other. If others beat him the master has equal rÉtt on him as on his steward; the debtor owns the rest of his rÉtt according to his birth, and his rÉtt shall be the same as if he had no debt.... If a man sells a debtor like a slave he is liable to pay 40 marks, unless he has run away from his creditor, and the same must every one pay who sells a free man.... A family-born man may give his child for debt if he does it at the Thing or at the alehouse or at church, for 3 marks and not more.... If the debtor is obstinate to the creditor and will not work for him, he shall be brought to the Thing and offered to his kinsmen to redeem him. If they will not the creditor can maim him on the upper or lower part of the body” (Gulath. Law, 71).

Robbery (RÁn) was viewed from a different point, according as more or less violence was employed in its commission.

BÚrÁn (burglary) committed with armed force was considered the worst form, and was Útlegdarverk (outlawry-work). Robbery of a whole farm was punished with outlawry, and the owner sent an arrow to the men of the Herad that night to pursue the robber. If when he was caught he returned the property, he had to pay indemnity to the king. If robbers defended themselves they were unholy, and no weregild was paid for them if they were killed.

“If men attack a bondi and rob his farm and take 3 cows or more, or 3 cows’ value, then it is bÚrÁn. If the bondi owns only 3 cows, it is bÚrÁn if one is taken away. An arrow shall be sent, and each carry it to the other or pay a fine.^[176] If they are pursued and found with the cattle and give them back, the leader pays 40 marks, and each of his men 3 marks. If they do not they are all outlaws” (Frostath., v. 14).

“In the second place, if a man finds another in his bÚr^[177] who has gathered there a burden of property and clothes, he may slay him if he likes. He shall go to his neighbours and show them the slain man, and use their evidence at the arrow-thing. In the third place, if a man finds another in his sheep-house or cow-stall tying his cattle and trying to lead them away, he may slay him if he wants” (Gulathing Law, 160).^[178]

HandrÁn was the term applied to robbery without violence of property out of the hand. Such a robber also was unholy, and could be killed without indemnity.

“It is hand-robbery if a man tears out of the hand of a man what he holds in it, or tears anything off his back. This is also liable to greater outlawry” (Vigslodi, c. 3).

“If a man commits hand-robbery on another, and he proves it by witnesses, then the robber is liable to pay 3 marks. If the robber runs away with the thing (robbed), and the owner runs after him and slays him, then he falls as an outlaw” (Gulath., 143).

The value of the stolen thing was appraised, and if it was worth an Örtug, or more, then the thief was to be outlawed and slain, for he had forfeited his life.

If a man stole something of less value than an Örtug, he was a torf man,^[179] and was made to run the gauntlet while those present threw at him whatever they had handy; if he got away alive he was thereafter without rÉtt.

“If a man steals on trading-journeys he makes himself a gÖtu-thjÓf (gauntlet-thief). His head shall be shaved and tarred, and (eider) down be taken and put on it. Then all the crew shall make a road for him and stand on both sides, and he shall run to the wood if he can. Every one present shall throw a stone or a stick after him, and whoever does not throw is liable to pay 9 Örtugar”^[180] (Bjarkey Law, 146).

If the stealing of the very smallest thing occurred, even of less value than a thveit, the theft was called hvinnska (pilfering), and the thief was ever thereafter called hvinn (pilferer), and had no rÉtt.

“If a man steals less than a thveit he shall be called hvinn all his life and have no rÉtt” (Bjarkey Law, 147).

Any one who stole fruit or plants from a garden or farm could be beaten and deprived of his clothes.

“If a man goes into the leek-garden or the angelica-garden of another he has no rÉtt, though he is beaten and struck, and all his clothes are taken off him” (Frostath., xiv. 14).

The act of stealing food in order to sustain life was not, however, punished.

“Next is this, that no man shall steal from another. Nevertheless it must be remarked that the man who gets no work to live by, and steals food to save his life for the sake of hunger, then this theft must not be punished at all” (N. G. L., ii. 168).

Any one who had been caught stealing three times was held irreclaimable, and it was considered less expensive to the state to rid society altogether of such offenders than to imprison them.

“The man who can get work to live on and steals the amount of an eyrir, and has not done it before, shall be brought to the Thing and redeem his hide with 3 marks of silver. If he steals as much a second time he shall redeem his hide with 6 marks of silver. If he does not he shall lose his hide, and a key shall be put on his cheek. If he steals as much the third time he shall lose his hide, and the king shall take 6 marks of silver from his property if he has so much. If the same man steals oftener he is to be slain” (N. G. L., ii. 168).

Minors were not held responsible for their acts, but if the thief was a woman of good family, she was sent out of the country; if a native thrall, he was beheaded; if a foreign thrall, his master could beat him within five days; if a native bondwoman or a freed woman (free but born of slaves), she was severely punished.

“If a woman of good family steals, she shall be sent from the country to another king’s realm. If a minor steals, it shall be paid back. If a native thrall steals, his head shall be cut off, or his master shall deny it with sÉttareid.^[181] If a foreign thrall, or the son of a foreigner, his hide shall be flogged, or his master shall have him flogged within five days.... If a man’s freedwoman (leysingja) or a native bondwoman steals, one of her ears shall be cut off, the second time her other ear shall be cut off, the third time her nose shall be cut off; then she is called stÚfa and nÚfa, and may steal as much as she likes” (Gulath., 259).

If a high-born man induced a slave to commit robbery, he and not the slave was punishable.

“If a freedman and a thrall committed a theft together, the freedman alone was regarded as the thief, for, says the law, he who steals with another’s thrall steals alone” (Gulath., 261).

The removal of boundary stones was considered theft.

“If a man takes up standing boundary stones and lays them down in an another place and moves them into the land of his neighbour, then he is a thief” (Gulath., 264).

According to the Gulathing Law bargains were made void in case of fals, or cheating, and the cheater was fined 3 marks.

“No man shall sell to another that in which there is fraud or deceit. If a man sells sand or dirt instead of meal or butter, with which he covers the sand or dirt, the fine is 3 marks” (Gulath., 40).

To use the property of another man without his permission was called fornoemi^[182] if it was a ship, a horse, or snow-shoes, and it was punished by indemnity to the owner, the special name for which was Áfang. If he refused to pay the indemnity his act was robbery.

The king neither received nor paid Áfang, as his things could be used by other people, and he could use other people’s things.

“No man shall take the ship or horse of a man except with the leave of the owner. If he takes it he shall pay one eyrir and a half. If the owner finds him on the ship or horse and asks Áfang it is well if he will pay. If he will not, the fine is doubled, and a ranbaug (robbery-fine) is to be paid to the king” (Gulathing, 92).

Spoiling the property of another was called spellvirki (spoiling-deed); if the damage was more than half a mark the owner received damages according to the valuation, and doubtless also according to his rÉtt. If the spoiler would not pay he was outlawed.

“No man shall spoil another man’s things. If he spoils so much that the loss amounts to half a mark it is a spoiling-deed, of all which is valued as much as half a mark. If a man cuts off the tail of another’s horse so high that he cuts some of its skin, then it is a spoiling-deed. If a man makes a cut into the side of a ship, fore or aft, worth half a mark, it is a spoiling-deed”^[183] (Gulathing, 96).