CHAPTER XIV.

DEBTS AND ROBBERY.

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

_fornœmi_[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).

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Footnote 176:

_Baug._

Footnote 177:

A place for provisions, still common in Norway. See ‘Land of the

Midnight Sun,’ vol. i, p. 419.

Footnote 178:

Cf. also Frostath. xiv. 12, 13.

Footnote 179:

Literally a man of turf and tar; _i.e._ equivalent to one who was

tarred and feathered.

Footnote 180:

Cf. also Gulath. 253; Frostath. xii. 12.

Footnote 181:

An oath.

Footnote 182:

The law term for plundering another man’s property.

Footnote 183:

Frostath. Law, x. 46, applies this to other cattle also.

The Viking Age. Volume 2 (of 2) The early history, manners, and customs of the ancestors of the English-speaking nations · 第 14 / 34 章