THE THING.
The people in assembly—Different assemblies—The general
assembly—Local assemblies—Analogy of the United States—Retinues of
Thingmen—Attendance at the Thing—The summons—Place of assembly—Its
sanctity—Breach of the peace at a Thing a sacrilege—Laws
regulating judgments of the Thing—Appeals—Common law of the
towns—Confirmation of resolutions passed at the Thing—Amusements
between the sessions—Accommodation of members—Assemblies in
Iceland—Jurymen.
From the most ancient times we find that the people in assembly, called
_Thing_, exercised their judicial and legislative power. There they
deliberated, not only on the questions concerning their small
communities, but also on the internal or external affairs of the whole
country. There were smaller and larger Things, classified under the
different names of _Thing_, _Mót_, and _Hús-thing_, the latter being a
private meeting to which the chief summoned his own men.
In order to preserve freedom of deliberation and the individual liberty
of each person who came, the most stringent laws and regulations were
laid down.
“With laws shall our land be built, and not be laid waste by
lawlessness. But he who will not allow others the laws shall not enjoy
them himself” (Frostath., i. 6).
The _Herad-things_ were apparently held very often, and were only
attended by the people belonging to the Herad; every one who wished a
question to be settled, and required a Thing, had the right to summon
one.[512]
There were general Things, or _Fylkis-things_, in which several herads
were represented, under the leadership of the hersir or king.
Every Herad was independent of the Fylki in its local affairs, and every
Fylki was independent one from the other, each having self-government.
When the affairs of the country required the presence of all the people,
then the bœndr of the Herads and Fylki met together at a general Thing
called _Allsherjar-thing_ (Thing of all the hosts), and all had to abide
by the decision taken. In fact the country was a union of states bound
together for mutual protection; but they felt that a general government
was not able in all things to attend to the affairs of each Herad or
Fylki, and could not know the wants of the people, as the majority of
those who would have had the management of affairs lived far from them,
and many had never seen other Herads or Fylki than their own. The
nearest approach to this ancient form of government is that of the
United States.
When we say that the Thing was the assembly of the people, we must
qualify the expression, for only bœndr (or free men) who owned land had
a voice in the deliberations. The sons and other relations of these
bœndr, or free men, who did not own land had no voice whatever in the
affairs of the country. The Thingmen were followed by a more or less
large retinue, according to their rank or wealth.
All the bœndr of the Herad were bound to appear at the Herads-thing on
pain of fine, unless a bondi had such a small farm as to be _einvirki_
(sole worker). These latter were not obliged to appear at any other
Thing than (1) _Konungs-thing_, i.e. a _Thing_ summoned by the king
himself; (2) _Manndráps-thing_, i.e. a _Thing_ in consequence of a
murder; (3) _Manntals-thing_, i.e. a _Thing_ for the equalization of the
tax; and (4) _Vápna-thing_, i.e. a _Thing_ to examine if every man
possessed the weapons prescribed by law. All members of the Thing
according to law had an equal vote.
The summons was by sending out a _Thingbod_ (Thing-summons), or, in case
of murder, an _ör_ (arrow) throughout the whole Thing-district; the
summons or arrow was sent from farm to farm, and called upon all
Thingmen to meet at the usual Thing-place, generally the fifth day after
the issue of the summons.
“Every man who thinks a Thing necessary may have one. Every man shall
carry the summons and not drop it. It shall go between the winter-houses
and not between the sœters. The Thing-summons shall delay nowhere in
weather fit for travelling except in night-quarters, and not unless
there is necessity. If a man drops the summons he is liable to pay three
_aurar_.... The man who carries a summons shall cut three notches on the
door-post or door ... and put the summons over the lintel. All bœndr
shall go to the Thing when the summons comes to their house except
single-workers. They shall go only to three Things—a Thing for murder, a
Thing for choosing a king, a man-reckoning (census) Thing. During all
other Things they shall sit at home.... A _widow_ and a disabled bondi
shall not go to the Thing against their will. All other bœndr shall go
to the Thing when the summons comes to their house, or pay a Thing-fine”
(Earlier Gulathing’s Law, 131).
The Thing was held in an open place called _Thingvöll_ (_Thing-plain_),
in earlier times near a temple.[513] On the Thingvöll, or near it, there
always seems to have been a _Thing-brekka_, or Thing-hill, from which
all announcements were made.
The Tiling-plain was a sacred place, which must not be sullied by
bloodshed arising from blood-feud (_heiptarblód_) or any other impurity.
The Thing, from the time it was opened until it was dissolved, was
during pagan times under the protection of the gods. It was opened with
certain religious ceremonies, which included a solemn peace declaration
(_grida setning_) over the assembly, which in earlier times was
pronounced by the Hersir near whose temple the Thing took place. Every
breach of the peace at a Thing was a sacrilege which put the guilty one
out of the pale of the law—he was like the violator of the temple
peace—a _varg í veum_ (wolf in the sanctuary), an outlaw in all holy or
inhabited places, and an _útlagi_ (outlaw) for all until he had made
reparation for his crime.
A struggle having arisen between the godi Thorstein and his followers
and some descendants of a chief Kjallak who had announced their
intention not to respect the sanctity of the Thing and proceeded to act
in defiance of the remonstrances of Thorstein, recourse was had to
arbitration, and Thord Gellir was appointed arbitrator.
“No peace was made between them, for neither would have it. The plain on
which they fought was covered with blood, and also the place where the
Thornes-thing stood during the fight....”
“He began the arbitration by saying that both parties should be content
with their lot, that neither slain men nor wounds should be paid for,
and that the plain was spoiled by the blood of hate which had come down
on it and was no longer holier than other ground. Those who attacked
first had caused this which was the only breaking of peace. He said that
no Thing should thereafter be held there”[514] (Eyrbyggja Saga, c. 9,
10).
On the journey to and from the Thing, and during its duration, all the
men were peace-holy.
“All men named for Gulathing journey shall be at peace with each other
until they come back to their homes. If any one breaks the peace and
wounds or maims a man, he has forfeited loose property and peace in the
land, and shall never come to the country” (N. G. L., ii. 16).[515]
The punishment given to those who did not heed the judgment given at a
law-thing, and confirmed by weapon-taking, was a fine.
“If a man breaks the judgment given at a law-thing, and confirmed by
_vápnatak_ inside and outside the law-court, then he is to pay the king
four marks of silver, and one mark to the plaintiff” (N. G. L., ii. 17).
“If a man has been fined for breaking a judgment once, and persists in
disregarding it, then the king’s stewards shall summon him to a Thing
and outlaw him unless he pays what is then due. A man is liable to the
same if he breaks the judgment given at the Frostathing, and confirmed
by _vápnatak_ inside and outside the law-court” (Earlier Frostathing’s
Law, v. 46).
In Iceland Things were held regularly twice a year, namely, before and
after the Althing (Thing for the whole land). The one taking place in
the springtime lasted at least four days, or at most a week.[516] The
other, called _Leid_, at the end of summer, lasted not more than two
days.
“We (the people) shall have _Leid_ (autumn-thing), and those godis who
hold a Thing together shall have _Leid_ together.... The _Leid_ shall
not be held before fourteen nights after the Althing. No _Leid_ shall
last less than one day, or longer than two nights” (Gragas (1852), iii.
§ 61).
The country was divided into four quarters, and each of these into three
Thing-districts, except the northern quarter, which was divided into
four.[517] Every Thing-district was divided into three parts, each of
which was ruled by a godi who was temple-priest. At the Quarter-thing
all the bœndr of the quarter assisted.[518]
The Althing, which was held once a year, took place between the two
other Things. This was natural, as at the Spring-thing they prepared for
the Althing, and at the Thing held at the end of summer it was usual to
make known what had taken place at the Althing.
“The Althing was placed where it is now, according to the advice of
Úlfljót and all the men of the land. Before this the Thing was at
Kjalarnes, established by Thorstein, son of Ingolf, the (first) settler,
and father of Thorkel Máni (moon), lawman, and other chiefs”
(Islendingabók, c. 3).
The appeal of a cause from a lower Thing to the higher one was expressed
in the Gulathing’s Law, which probably had the greatest authority over
the larger part of the country; every dispute had first to be treated at
the smaller Thing of the _Herad_, and only when it could not be
satisfactorily settled there was it to go before the _Fylkisthing_. A
Thing from two Fylki had less power than one of four, and one from four
less than one from eight.
“In every case when all the men of the Fylki agree, no lawful judgment
of theirs in matters about which they have right to judge shall be
broken, though kinsmen on the male or female side or near relatives do
not come. But if one-fourth or more of the right Thingmen do not come, a
new Thing shall be summoned from two Fylkis for the case.... If they do
not agree at the Thing of two Fylkis, it shall be sent to a Thing of
three Fylkis. If they do not agree, a Thing of four Fylkis. If they do
not agree, a Thing of eight Fylkis; that which is agreed upon by all
there and brought into the law-court shall stand” (Frostath., x. 30).
To this Thing as well as to lesser Things, every bondi who was a working
man had to come. In later times, if the king was not present, his
representatives the lendir men were bound to be there. Among these
lesser Things were those which dealt with questions relating to paupers.
“It is customary in Iceland for the bœndr to have a Thing in the autumn
in order to deal with the poor; the one first named among the poor was
Thorljót, the father of Thjódolf” (Flateyjarbók, iii. 421).
In the course of time and towards the latter part of the pagan era there
arose from the Herad towns proper (_kaupstad_ = trading-places), and the
people formed a separate class whose interests were not identical with
those of the bondi, and who required a special government and Thing. The
common law of the towns is known under the name of _Bjarkeyjar-rétt_
(town law). Each town had its _mót_, formed by all householders
(_húsfastir_).
There were also meetings of people of the _Hrepp_, which was a tract of
country consisting of at least 20 bœndr, who were able to give pay to
Thingmen. Their meetings were ordinary or extraordinary. For
extraordinary meetings they had to send the cross (or in early times the
war-arrow) around. At the meeting the affairs of the poor and other
burdens of the community, and the regulations concerning order, were
settled. Five men were chosen, who were the representatives or executive
power of the community. These men had not necessarily to be landowners.
Their duty was to prosecute vagabonds or criminals, and to be present at
oath-taking.
“There shall be lawful Hrepps in this country (Iceland). It is lawful
when 20 bœndr or more are in it. If the lögréttu-men (law-court men)
allow it there may be fewer (bœndr).... Five landowners (bœndr) shall be
chosen in every Hrepp to prosecute all those who do not fulfil their
duties in the Hrepp, and also to divide the tithes and food-gifts (to
the poor), or see to the keeping of oaths taken by men. They need not be
landowners if all the men of the Hrepp agree.... If a pauper is
unlawfully brought into the Hrepp, the man to whom he is sent shall cut
a cross if he thinks he needs a Hrepp-meeting, and carry it to the next
house, and there appoint a Hrepp-meeting within seven nights or more,
and tell the others to carry the cross. Then each of them shall have it
carried as directed by the man who cut it, and it shall be sent in all
directions” (Grágás, p. 171, § 234).
The resolutions taken at the Thing were finally confirmed by the
_vápnatak_ (weapon-taking), for, as we know, the thingmen during the
deliberations put away their weapons, and by again taking them up and
shaking them they declared matters settled and the Thing dissolved.
“King Sverri summoned the people to _Eyrathing_[519] in Thrándheim, and
named twelve men from each Fylki of the eight which are on that side of
Agdanes. When they came, the name of king was given to Sverri at this
Thing of eight Fylkis, and it was done with weapon-taking, and the
people of the land took oaths to him, according to the old laws of the
land” (Fornmanna Sögur, viii. 41).
Sigurd Slembidjakn, who pretended to be the son of Magnus Bare-foot,
murdered Harald Gilli of Norway in his bed at night, and then asked the
people to take him as king.
“Many from the king’s house came down to the piers, and all answered, as
with one mouth, declaring it should never be that they would yield
homage and service to a man who had murdered his brother; ‘for if he was
not thy brother, thou art not born to be king.’ They clashed their
weapons together, and declared them all to be outlawed and peaceless.
Then the king’s horn was blown, and all the lendirmen and hirdmen were
gathered” (Harald Gilli’s Saga, c. 18).
Between the sessions of the Thing amusements took place, among them that
of saga-telling; and the people who attended were often finely dressed.
“Thormod the scald wondered that no man was in the booth, as many were
there when he fell asleep. Fifl-Egil entered and said: ‘Too far art thou
now from great fun.’ Thormod answered: ‘Where wast thou, or what is the
fun?’ Egil answered: ‘I was in the booth of Thorgrim Trölli, and a great
part of the Thing-assembly is there.’ Thormod asked: ‘What is their
amusement?’ Egil answered: ‘Thorgrim Einarsson is telling a saga.’
Thormod asked: ‘Of whom is he telling a saga?’ Egil answered: ‘I know
not about whom the saga is, but I know that he tells it well and
entertainingly; he sits on a chair outside the booth, and the people sit
round and listen to the saga.’ Thormod said: ‘Thou must be able to name
some man mentioned in the saga, especially as thou sayest it is so
entertaining.’ Egil answered: ‘One Thorgeir, a great champion, was
mentioned in the saga as having fought very well, as is likely. I should
like thee to go and listen to the saga.’ Thormod answered: ‘I can do
it,’ and rose”[520] (Fostbrœdra Saga, c. 32).
“The sons of Hjalti made an arvel after the death of their father. They
were summoned to the Thorskafjardar-thing. When they came to the Thing
they were so well dressed that people thought the Ásar had come”
(Landnáma, iii. c. 10).
As the people often came from a long distance, there were erected near
the Thing-place Thing-booths for their accommodation, some of which were
very large.
Thorstein had slain the thrall of a neighbour, and therefore was
summoned to the Thing.
“Thorstein, son of Egil (Skallagrimsson), had very many men with him at
the spring Thing, and went there one night earlier than the others, and
he and his Thingmen tented their booths.[521] When they had made their
own booths ready, Thorstein bade his Thingmen go and raise large
booth-walls; then he had a much larger booth than the others, in which
there were no men” (Egil’s Saga, c. 85).
In Iceland we find the _kvid_ (a law term which may mean both the
witnesses and the jury). The men who were in the _kvid_ did not need to
be eye-witnesses; but had to be men who were impartial, and who could
form the best judgment from the circumstances of the case. They had to
give a verdict under oath. The number of the men of the _kvid_, and the
manner of choosing them, varied according to the matter to be
considered. In some important cases, recourse was had to the
_Tylftarkvid_ (a body of twelve men) summoned at the instance of the
plaintiff by the godi of the district, who with him named or chose
eleven of his Thingmen.
The second kind of _kvid_ was _Búakvid_ (bondi kvid), which was used in
cases of murder and other crimes, consisting of five or nine neighbours
chosen by the plaintiff.
The third kind or Bjargkvid (saving kvid) consisted of five men, also
chosen by the plaintiff and of the same place. The defendant had the
right to challenge jurors out of the _kvid_, but only for lawful
reasons, and the places had to be filled up. If the _kvid_ after
deliberation could not agree, the majority ruled; and if in the
_Tylftarkvid_ the votes were equal, the godi had the casting vote; but
the verdict was nevertheless to be given unanimously, though the
minority were not responsible if the verdict was found to be wrong.
In the earliest times the same practice seems to have held in Norway,
till Christianity coming in brought with it the purification oath.
Men could be turned out of the jury if they were not bœndr.
In a law case at the Althing after the burning of Njál, Eyjólf
Bölverksson, a man skilled in law, said the following with regard to the
jury or _kvid_:
“‘I name witnesses to this that I take these two men out of the _kvid_,
and name them both, because they are booth-sitting men (less than bœndr)
and not bœndr.’ Mörd went to the court and said: ‘I name witnesses to
this that I make void the lawful challenging of Eyjólf Bölverksson,
because he challenged men out of the _kvid_ who are rightly in it. Every
man who owns three hundreds[522] in land or more, though he has no milch
cattle, has the right to be in a jury of bœndr, as also he who has milch
cattle, though he is a tenant.’ He had the witnesses before the court,
went to where the bœndr (of the jury) were and told them to sit down,
and that they had a right to be in the kvid. Then there was a great
uproar, and all said that the case of Flosi and Eyjólf was made
perfectly void” (Njala, c. 142).
It seems that it was usual to have twelve judges to decide important
cases.
“Thereafter King Heidrek went home with his queen and they loved each
other well; he left off all warfare and made laws in the land; he chose
twelve of the wisest men to judge in important cases in his realm, and
prevented all warfare in his land; he became a great chief and was well
liked” (Hervarar Saga, c. 14).
Gunnar, when attacked, slew Thorgeir Otkelsson, and was summoned before
the Thing to answer for it.
“Many chiefs tried to effect a reconciliation, and the result was that
twelve men were to arbitrate in the case” (Njala, c. 74).
King Olaf, of Sweden, always had with him twelve of the wisest men, who
assisted him in difficult cases.