Even when the offender belonged to the same Þing as the injured, it

often happened that the influence of his kindred, or the favour of the

Goði of the place, or some technical error in bringing the suit for

compensation, prevented justice from being done. Accordingly the need

for some remedy, for some further political, or rather judicial,

organization of the island began to be generally felt, for however fond

men may be of killing one another, the Norsemen were always also fond of

money, and would often prefer a blood-fine to the satisfaction of

killing their enemy, could the blood-fine be secured. Thus it came to

pass that, about fifty years after the first colonization, a chief named

Úlfljót, venerable from his age and abilities, came forward to propose a

scheme. He urged the creation of one general Þing for the whole country,

where all matters of common interest might be discussed, and all suits

which could not be dispatched, or had not been fairly dealt with in the

local Þings, might be decided. Travelling round the island, he brought

over to his views the most influential Goðis and other leading men; and

at their request, sailed to Norway to inquire into the laws prevailing

there, and to draw up regulations for this new general Þing; somewhat as

envoys were, according to the Roman story, sent from Rome to the Greek

cities to bring back materials and suggestions for the legislation of

the Decemvirs. At the same time Úlfljót’s foster-brother, Grím Geitskór

(‘Goat’s Shoe’), the fleetest man and nimblest rock-climber in Iceland,

was commissioned to traverse the island in search of a place suitable

for the meeting of the proposed assembly. After long wanderings, Goat’s

Shoe hit upon a spot to which the name of Þing Vellir[125], ‘the plains

of the Þing,’ has ever since belonged, in the south-west of the island,

about eight hours’ riding from where Reykjavík the present capital now

stands, and within the district of the first temple that had been

founded by Ingolf, the earliest Norwegian settler. This circumstance

gave the place a sort of sacredness. There was plenty of water and

pasture, and the lake which washed the plain of meeting abounded (as it

does to this day) with trout and wild fowl. (It abounds also with most

pernicious small black flies, whereon the trout grow fat, but which make

fishing not always a pleasure.) Here, accordingly, Úlfljót having in the

meantime returned from Norway with his materials for legislation, the

first Alþing, or General Assembly of all Iceland, met in A.D. 930, and

here it continued to meet, year after year, for a fortnight in the

latter half of June, till the year 1800[126], one of the oldest national

assemblies in the civilized world, and one of the very few which did

not, like the English Parliament and the Diet of the Romano-Germanic

Empire, grow up imperceptibly and, so to speak, naturally, from small

beginnings, but was formally and of set purpose established, by what

would have been called, had paper existed, a paper constitution, that is

to say by the deliberate agreement of independent groups of men, seeking

to attain the common ends of order and justice.

-----

Footnote 125:

Thing Vellir is the nominative plural, Thing Valla—the form in which

the word has become more familiar to Englishmen, and which remains in

Thingwall (near Liverpool), Tynwald (in the Isle of Man), and Dingwall

(in Rosshire)—is the genitive plural.

Footnote 126:

Since this lecture was delivered the Alþing which since 1843 had led a

feeble life at Reykjavík as a sort of advisory council, has been

re-established as a representative governing assembly under a new

constitution granted to Iceland in 1874. It now meets every second

year at Reykjavík.

-----

There was thus created, before the middle of the tenth century, when

Athelstan the Victorious[127] was reigning in England and defeating

Scots and Northumbrians at Brunanburh by the help of the Icelandic

warriors Thorolf and Egil, sons of Skallagrim[128], when the Saxon king

Henry the Fowler was repelling the Magyar hosts and laying the

foundations of the German Kingdom, and when the power of the last

Carolingians was beginning to pale in Gaul before the rising star of the

Capetian line, a sort of republic embracing the whole isle of Iceland, a

republic remarkable not only from its peculiar political structure, but

also, as will presently appear, from the extremely limited range of its

governmental activity. About thirty years later its constitution was

amended in some important points, and forty years after that time, about

the year 1004, further alterations were made, the details of which are

too much disputed as well as too intricate to be explained here. Its

general outline, in its completed shape, was the following. The total

number of regular Þings, and priest-chieftaincies or Goðorðs, was fixed

at thirty-nine, nine for each of the four Quarters into which the island

was divided, except the North Quarter, which, in order to allay certain

local susceptibilities, was allowed twelve. Each of these thirty-nine

local Þings was presided over by its Goði. Then, for certain purposes,

three of these Þings were united to form a larger Þing-district

(Þingsokn), of which there were therefore thirteen in all, viz. four for

the North Quarter, and three for each of the other Quarters. There was

also one still larger Þing for each Quarter, called the Fjórðungsþing.

It seems to have grown up before the institution of the Alþing, and to

have represented the first stage in the organization of a larger

community out of the small local Þings. But it tended in course of time

to lose its importance.

-----

Footnote 127:

The Saga of Egil calls him Aðalsteinn hinn Sigrsæli (_lit._ ‘blessed

with victory’). It is curious that this title should have been

preserved in Iceland and apparently have been forgotten in England.

Footnote 128:

See _Egils Saga Skallagrimssonar_, chap. 54.

-----

Ordinary lawsuits and questions of local interest were determined in

these minor Þings, while graver suits, or those in which the parties

belonged to different Þings, or where it was sought to reverse the

decision of a local Þing, as well as all proposals for alterations of

the general law, were brought before the Alþing, at its annual meeting

in June. It seems to have been therefore partly a court of first

instance and partly a court of appeal. Now the Alþing was open, like

other primary Teutonic and Hellenic assemblies, to all freemen who chose

to attend; but its powers were practically exercised by a limited number

of persons, viz. the Goðis and certain members nominated by them.

For judicial purposes, the Alþing acted through four Courts, one for

each Quarter. Each Quarter Court (fjorðungsdómr) consisted, according to

one view, of thirty-six members, viz. the Goðis of the Quarter with

twenty-four nominees, and, according to another view, of nine persons

nominated by the Goðis of the Quarter. There was also a fifth Court

(called the fimtardómr), instituted later than the others (A.D. 1004),

on the suggestion of the famous jurist Njál, son of Thorgeir. This

Court, which exercised jurisdiction in cases where one of the other

Courts had failed, was composed in a somewhat different way, acted under

a more stringent oath, and gave its decisions by a majority, whereas in

other Courts unanimity was required. It seems to have been intended not

only to avert armed strife by providing a better method for settling

disputes, but also to organize the country as a whole and give it

something approaching to a central authority. This result, however, was

not attained, the social and physical obstacles proving insuperable.

In these judicial committees of the Alþing lawsuits were brought and

argued with an elaborate formality and a minute adherence to technical

rules far more strict than is now practised anywhere in Europe, a fact

which will appear the more extraordinary when we remember that in those

days both the law and all the appropriate forms of words which the

parties were obliged to employ were not written, but preserved solely by

the memory of individual men.

For legislative purposes the Alþing acted through another committee of

144 persons, only one-third (forty-eight) of whom, being the thirty-nine

Goðis and nine nominees, had the right of voting. The nine nominees were

persons chosen by the Goðis of the East, South, and West Quarters, three

by each Quarter, in order to give each of these Quarters the same

strength in the Committee as the North Quarter had with its twelve

Goðis. Each of the forty-eight appointed two assessors who advised him,

sitting one behind him and the other in front of him, so that he could

readily seek their counsel, and thus the 144 were made up, the

forty-eight being described as the Middle Bench. This Committee was

called the Lögrétta (_lit._ ‘Law Amending’), and by it all changes in

the law were made, and all matters of common interest discussed. It was

essentially an aristocratic body, as indeed the whole Constitution bore

an aristocratic colour, though there was no such thing as a formal

distinction of rank[129], much less any titled nobility. After the

introduction of Christianity in A.D. 1000, the two bishops were added to

the Lögrétta, while at the head of all, making up the number of members

to 147, stood an elected officer, called the Speaker of the Law.

-----

Footnote 129:

Although the penalty for killing a man of high lineage was heavier

than that for an ordinary freeman; and one perceives from the Sagas

how carefully genealogies were preserved and what great respect was

paid to long descent.

-----

This last-named personage, the solitary official of the republic, is one

of the most curious parts of the system. He was called the Lögsögumaðr,

literally ‘Law-say-man,’ or, as we may render it, Speaker, or Declarer,

of the Law, and was the depositary and organ of the unwritten common law

of the country. It was his duty to recite aloud, in the hearing of the

greater number of those present at the Þing, the whole law of Iceland,

going through it in the three years during which he held office; and to

recite once in every year the formulas of actions, this being the part

of the law which was of most practical importance. Besides this, he

presided in the Lögrétta, giving a casting vote where the votes were

equal; and he was bound to answer every one who asked him what the

provisions of the law actually were, although not required to advise

applicants as to the course they ought to follow in a given case. When

in any suit a question of what was the legal rule arose, reference was

made to him, and his decision was accepted as final. For these labours

he received a yearly salary of two hundred ells of Vaðmál (the blue

woollen cloth which then served as currency, and which continued to do

so, for some purposes, down to our own time), besides one-half of the

fines imposed at the Alþing. He was of course selected from the most

accomplished lawyers of the time. His declarations of the law were

conclusive, at least during his three years’ term of office, in all

causes and over all persons. Thus he exercised a kind of quasi-judicial

or quasi-legislative power, and has been fancifully compared to the

Roman Praetor, also an officer elected for a term, also by his edicts

the declarer of the law he had to administer[130]. But the Law-Speaker

was in reality neither judge nor magistrate, nor, indeed, a legislator,

except in so far as the right to enounce and interpret borders on

legislation. He delivered no judgements, he had no power of enforcing a

decision or of punishing an offender. He did not even open the Alþing

and take the responsibility for keeping order at it, for these functions

belonged to the Goði of the district, called, because the Alþing met

within his jurisdiction, the Allsherjargoði (priest of the whole host).

The Lögsögumaðr was in fact nothing but the living voice of the law,

enunciating those customary rules which had come down from the foretime,

rules which all accepted, though they were not preserved in any written

form, and though they must have been practically unknown to the great

majority of the citizens.

-----

Footnote 130:

_Viva vox iuris civilis_ was the description which the Romans used to

give of their Praetor, as to whom see Essay XIV, vol. ii. p. 274.

-----

The office, although more important in Iceland from the absence of a

king or local prince, was one of which we find traces among other

Scandinavian peoples, or at least among the Norsemen. It appears in

Norway, in the Orkneys, and in the Hebrides (though there the name is

Lögman, which in Iceland means merely one learned in the law).

Thingvellir, where the Alþing met from the year 930 down to a time

within the memory of living men, is a spot not less remarkable

physically than memorable for the stirring events of which it was the

witness. It is a slightly undulating plain, some five miles long by

three wide, washed on the south by a broad island-studded lake, and

girdled in at its northern end by lofty mountains, their black volcanic

rocks streaked here and there with snow-beds. The surface is all of

lava, sometimes bare and rugged, sometimes covered with thin brushwood,

dwarf birches and willows, sometimes smoothing itself out into sweeps of

emerald pasture, but everywhere intersected by profound chasms, formed

when the whole was a molten mass. East and west it is hemmed in by two

lines of precipices, whose rugged sides seem to show that the plain

between them has, at some remote period, perhaps when the lava-flood was

cooling, sunk suddenly down, leaving these walls to be the edges of the

plateau which stretches away backwards to the east and west. Under the

western of these two walls, on the margin of the lake, just where it

receives the stream which has flung itself in a sparkling cascade over

the precipice, the place of meeting was fixed. The chieftains, who came

from every corner of the island with a following of armed companions and

dependents, because broils were frequent, and armed strife might

interrupt the progress of a lawsuit, built their booths—erections of

stone and turf roofed for the time with cloth or canvas—along the banks

of the Öxará river, and turned out their horses to pasture by the lake.

Places were appointed for the holding of the several courts, while the

Lögrétta or legislative committee sat on a spot which nature seemed to

have herself designed for the purpose. Two of the extraordinary chasms

by which the plain is seamed, each some eighty feet deep, and filled for

the lower fifty feet by bright green water, enclose a narrow strip of

lava some two hundred yards long, cutting it off, except at one point

where there is a narrow entrance which three men might hold, from the

surrounding land. The surface is nearly level, covered by short grass

now browsed by a few sheep; and there is nothing to tell that in this

space, in the full sight of the assembled multitude, the heroes of

ancient Iceland spoke and voted their laws, and gave their verdicts;

while from an eminence in the midst of the enclosure, still called the

Lögberg, or Hill of Laws, the Law-Speaker recited the law of the nation

in the sight and hearing of the multitude that stood on the further side

of the chasms[131]. Not only so: there is all round nothing whatever to

show that the place has ever been different from what it is now. Between

the Lögberg and the lake stands the little wooden church and its humble

parsonage. No other house is near, nor any sign of human life. Only the

islet is still pointed out in the river where the solemn duels which the

laws of Iceland recognized were fought, and the deep green swirling pool

into which women condemned for witchcraft were hurled from the brink of

the precipice. In most of the spots to which the traveller is drawn, by

memories of constitutional freedom or of political struggles, his

imagination is aided by the remains of the buildings where assemblies

met or monarchs sat enthroned. Here man has left nothing to speak of his

presence, and it is hard to realize, when one looks on this silent and

desolate scene, that it was once filled by so much strenuous life, and

so often resounded to the clash of arms.

-----

Footnote 131:

Since this was written, some eminent antiquaries, including my

lamented friend Dr. Guðbrand Vigfússon, have argued that the true

Lögberg is to be sought not in this spot which tradition indicates,

but on the edge of the great lava rift called the Almannagjá to the

west of the river. See _The Saga Steads of Iceland_, by W. G.

Collingwood and Jón Stefánsson, 1899, pp. 14-17.

-----

For the Alþing was not merely an assembly for the dispatch of business:

it was the great annual gathering of the whole nation, a gathering all

the more needed in a land where there are no towns, and most men live

miles away from their nearest neighbours. To it chieftains rode with

their wives and daughters and a band of armed retainers from the

furthest corners of the country, taking perhaps, as those must have done

who came from the East fjords along the northern edge of the great

central desert, a fortnight or more on the way. Shipmasters from Norway

or Ireland brought their wares for sale. Artisans plied their trades. We

are told that even jugglers’ sheds and drinking-booths were set up, and

games of all kinds carried on. It was a great opportunity not only for

the renewing of friendships between those who lived in distant parts of

the country, but for the arranging of adoptions and marriages; and the

Sagas mention numerous instances in which proposals were made or

betrothals entered into at a meeting of the Alþing, in most of which

instances the will of the maiden seems to have prevailed over that of

her parents. It was midsummer, when there is in those latitudes no

night, but the glare of day subsides for a few hours into an exquisitely

rich and tender twilight, clothing the sky with colours never seen in

our duller air. And we can fancy how those who followed their fathers to

the Alþing found compensation for all the loneliness and gloom of the

long winter in this one fortnight of vivid mirth and excitement.

The meeting of the Alþing was not only the centre of the political life

of the Republic. It was, so to speak, the Republic itself, for it was

only then that the Republic became visible before men’s eyes or acted as

a collective whole. During the rest of the year lawsuits and everything

else of public concern were left to the Quarter Þings and local Þings,

and to the local Goðis. The few laws or resolutions of general concern

which the Alþing passed—they were few, because its legislative activity

was chiefly occupied in regulating its own judicial proceedings—were

probably meant to be accepted and observed over the whole island, but

the Alþing did not attempt to enforce them, and indeed had no machinery

by which it could do so. Each Goði was, in a loose way, a sort of

executive magistrate over his own Þingmen; but he did not derive his

authority from the Central or Federal Alþing, and he was not responsible

to the Alþing for its exercise. The Republic, if we may so call it, had

no Executive whatever. Its sole official was the Law-Speaker (of whom

more anon), but his function was only to declare the law, and was

exercised only while the Alþing was sitting. At other times the

constituent Þings and Goðis were virtually quite independent, and might

and often did carry on war with one another, subject to no penalty or

liability for so doing, save in so far as an action for compensation

might be brought against any one who had killed another. There was no

police, no militia, no fleet, no army, nor any means, like those

provided in the feudal kingdoms of contemporary Europe, of raising an

army. The isle lay so far away from all other countries except

Greenland, on which an Icelandic colony had been planted, that it

happily did not need to have a foreign policy. There was neither public

revenue nor public expenditure, neither exchequer nor budget. No taxes

were levied by the Republic, as indeed no expenses were incurred on its

behalf.

The Icelandic Republic was in fact a government developed only upon its

judicial and (to a much smaller extent) upon its legislative side,

omitting altogether the executive and international sides, which were in

the Greek and Roman world, and have again in the modern world, become so

important. For a community to exist with such an absence of

administrative organization was obviously possible only in a region like

Iceland, severed by a wide and stormy sea from the rest of the world,

and with a very thin and scattered population; possible too only in a

simple state of society where man’s needs are few and every one fends

for himself.

The system whose outlines I have sought to draw is full of interest and

suggestion, as well to the student of legal theory as to the

constitutional historian. Some modern theorists derive law from the

State, and cannot think of law as existing without a State. A few among

them have in England gone so far as to deny that Customary Law is law at

all, and to define all Law as a Command issued by the State power. But

here in Iceland we find Law, and indeed (as will appear presently) a

complex and highly developed legal system, existing without the

institutions which make a State; for a community such as has been

described, though for convenience it may perhaps be called a Republic,

is clearly not a State in the usual sense of the word. Of Iceland,

indeed, one may say that so far from the State creating the Law, the Law

created the State—that is to say, such State organization as existed

came into being for the sake of deciding lawsuits. There it ended. When

the decision had been given, the action of the Republic stopped. To

carry it out was left to a successful plaintiff; and the only effect a

decision had, so far as the Courts were concerned, was to expose the

person resisting it to the penalties of outlawry—that is to say, any one

might slay him, like Cain, without incurring in respect of his death any

liability on the footing of which his relatives could sue the slayer.

Law in fact existed without any public responsibility for enforcing it,

the sanction, on which modern jurists so often dwell as being vital to

the conception of law, being found partly in public opinion, partly in

the greater insecurity which attached to the life of the person who

disregarded a judgement. Yet law was by no means ineffective. Doubtless

it was often defied, and sometimes successfully defied. That happened

everywhere in the earlier Middle Ages, and happens to-day in

semi-civilized peoples. But the facts that the Alþing maintained so

active a judicial life, that the field of law was cultivated so

assiduously, and the details of procedure worked out with so much pains

and art, that lawsuits were contested so keenly and skilfully—all these

facts seem to prove that law must have in the main had its course and

prevailed, for it is hard to suppose that all this time and pains would

have been during two centuries or more devoted to a pursuit which had no

practical result. The contemporary kingdoms and principalities of the

earlier Middle Ages lived by the vigour of the executive. There was in

them very little of a State administration, and the law was in most or

all of them older than the State—that is to say, it had existed in the

form of customs recognized and obeyed before efficient means were

provided for enforcing it. So far they resembled Iceland; and the same

may be said of the city republics of Italy and Germany. But Iceland is

unique as the example of a community which had a great deal of law and

no central Executive, a great many Courts and no authority to carry out

their judgements.

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