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.