INDEMNITY, WEREGILD.
The freeman’s right to peace—Inviolability of body and
honour—Indemnity for murder—Inequality of freemen’s personal
rights—Computation of indemnity—Lists of the amount paid or
received—The rights of Icelanders trading in Norway—Indemnity for
wounds—Laws relating to indemnity—Slander—Indemnity in kind.
Every freeman was _fridheilag_ (peace-holy), unless he had forfeited his
right to peace. This sacredness of person meant both inviolability of
body and honour: for every breach of this, in deed or word, he could
claim a redress consisting of a certain amount of money, which was his
_rétt_.
“It is first in our _mannhelgi_ (man-holiness) that every man in the
country shall be peace-holy in and out of the country” (Frostath., iv.
1).
Blood feuds and revenge were of such common occurrence in these days,
that throughout the Sagas there is a great mass of literature which
deals with the customs and laws regulating the indemnity for murder.
As every individual, so every family had its rétt. This was the
so-called _manngjöld_, or indemnity due to the family as a redress for
the slaying of one of its members. This view of the family, which is
very old, namely, that it was its right and duty to avenge the slaying
of one of its members on the slayer or his family, was the law of the
land, and the _weregild_ (indemnity) was equivalent to buying off the
family revenge. It was really the price of the dead man, which varied
according to his rétt when living.
If the slayer died before paying the weregild, his heir had to pay it.
From the laws we find that the rétt, or personal rights of every
freeman, were not equal. People were divided into classes, as we have
seen, and it was according to his rank that a man had to pay or receive
weregild.
The entire family weregild was computed in gold, one[542] _mark_ of gold
being reckoned as eight _marks_ of silver in weight. _Six_ marks of gold
seem to have been the family weregild for a _haulld_, and that of the
other classes was fixed in proportion.
A general rule seems to have prevailed for the computation of the _rétt_
in all upper classes, which was reckoned in silver, or 12 ells of
_vadmal_ for every eyrir. In the lower classes it was reckoned in the
so-called _lögeyrir_ (legal eyrir), i.e. about 12 feet of _vadmal_ for
every eyrir.
Some rétts were hereditary, and a wife enjoyed the same rétt as her
husband received, and retained it even during widowhood.
“This is about the rights of women. Every man has full rétt on behalf of
his wife. Three marks are due to a haulld if his wife is struck.
“A widow shall have her rétt herself, as high a rétt as that of her late
husband, and whoever she wishes shall claim it” (Frostath., x. 37).
In Gulathing’s Law the haulld is the centre of the division; his rétt is
three marks.
“A haulld shall get as his full rétt three marks. The rétt of every man
upward (of higher rank) from the haulld shall increase by a third and
decrease downwards” (Frostath., x. 34).
The amount to be paid or received by each degree of a family was
entirely independent of the number of members of such degree. In the
computation the following rules were chiefly followed:—The weregild on
both sides embraced the family within the same degrees of the slain and
the slayer, each individual degree on the side of the slayer paying
weregild to the corresponding one in the family of the slain; the first
receiver of weregild was the son of the slain, or, if he was not alive,
the father.
“The first indemnity (_baug_)[543] is called head-indemnity. That is ten
marks. That is (as much as) thirty-two cows if the slain man is
odal-born. The weregild increases and decreases like other rétts of men.
The father shall get it if the son is not alive; if both live, the
father owns three marks. If he is not able to fight, he gets twelve
aurar from the slayer. If the slayer is outlawed he loses that
indemnity. When the slayer dies his heir _receives the axe_ (has to pay
the weregild)” (Gulath., 218).
“The second indemnity is called brother’s indemnity. That is five marks,
or sixteen cows. The third is the indemnity of the brœdrung (first
cousin). That is four marks, or half an eyrir less than thirteen cows”
(Gulath., 219).
The sum paid was the same whether the receiver was one or more. The
amount paid by each degree became smaller in proportion as the kinship
became more distant. The degrees of kinship embraced in the weregild
were always considered as existing on both sides. If they in reality did
not exist, the slayer had to pay, and the next of kin on the other side
to receive, for the missing degree.
“The slayer shall pay the head-indemnity to the son of the dead. The
brother of the slayer shall pay indemnity to the brother of the dead if
he is found; otherwise the slayer shall pay it. The brœdrung of the
slayer shall pay to the brœdrung of the dead brœdrung-indemnity if he is
found; otherwise the slayer shall pay it” (Gulath., 222).
The _saktal_ was a list of the amount to be paid or received by every
degree in the weregild. Two or three of these lists are found in the
Gulathing’s Law, and one in the Frostathing’s Law.
The nearest kinswomen on both sides, mother, daughter, sister and wife,
paid and received a certain gift called _Kvenngjöf_. Otherwise a woman
was never reckoned as payer or payee, unless she were sole heir. But the
moment she was married her rights in this respect passed over to her
nearest male relative.
“A mark is a woman’s kvenngjöf. Four women shall receive it if they are
found; the mother of the slain man, his daughter, his sister, and his
wife. Each of them receives two aurar if they all exist. Wherever they
are not found the son of the slain man shall receive it. If all the
women are missing, the slayer shall take this mark and pay it to the son
of the slain. If one of the women is missing, the son of the slain shall
receive two aurar, and if two are missing, half a mark, and if all are
missing, one mark” (Gulath., 221).
The Gulathing’s Law differs from the Frostathing’s Law only in one
point, viz., the last divides the bondi into two classes, the
_árborinn-man_ and the _reksthegn_.[544] The law seems to mean in the
case of the latter a man who was not odal-born, yet could point to four
generations of freemen on his father’s side; but the difference between
the two is not told.
The Icelanders when trading or staying in Norway took the rétt of a
haulld; but if they remained more than three years, or settled there,
they were to have the rétt which they had in their own country, and
which had to be proved by witnesses.
All other foreigners had the rétt of a bondi unless they could prove by
witness a higher one.
“A freedman (_leysingi_) owns six aurar as single rétt, and his son a
mark as single rétt. A _bondi_ owns 12 aurar as single rétt, a _haulld_
three marks, a _lendrman_ and a _stallari_ (marshal) six marks, the jarl
and the bishop 12 marks. The son of a _lendrman_ shall get the rétt of a
haulld if he gets no land.... Icelanders have the rétt of a haulld while
they are on trading journeys, until they have been here three winters
and lived here. Then they have the rétt which witnesses prove. All other
foreigners who come to this country have the rétt of a bondi unless they
prove by witnesses that they have a higher rétt” (Gulath., 200).
The inhabitants of towns all enjoyed the same rétt, which was three
_marks_.
“It is the law that all men have an equal rétt in the town (namely) the
rétt of a haulld, 3 marks, the lendrman as well as the freedman who has
made his freedom-ale” (Bjarkeyjar Law, 97).
The _lendir-menn_ were regarded as a higher division of the haulld; and
although the son of the lendr-man, as such, had most hopes of receiving
such a dignity, and until his fortieth year enjoyed the same rétt as his
father, yet, in case he had not before that time really received his
appointment as lendrman, he belonged thenceforth only to the class of
the haulld, and enjoyed only the rétt of the latter.
The king’s _ármenn_ enjoyed half a haulld’s rétt, or the same as a
bondi.
With the introduction of Christianity we find that the rétt of a bishop
was equal to that of a jarl. The jarl and bishop had the double rétt of
a lendr-man, 12 marks each; the _stallari_ (marshal of the king) had the
rétt of a lendr-man. The priest, the _skutilsvein_ (page), the goldsmith
of the king, and those who steered his trade-ships, had that of a
haulld. In all these cases the children only inherited the rétt which
belonged to their father at their birth.
Indemnity paid for wounds varied according to the rétt of the man who
gave the wound.
For wounds in the face, or on places where hair or clothes did not hide
the cicatrice, an additional indemnity was paid called _áljótseyrir_
(indemnity for looking more ugly); for cutting and burning, an
additional indemnity which was called _granbragds-eyrir_ (grön = lip),
which meant that the pain was so great that the lips of the man trembled
under the operation.[545]
If the giver of the wound was outlawed on that account, and wanted to be
released from the outlawry, he had to buy himself out for fifteen marks,
to be paid to the king; and to the wounded man a sum according to his
rétt.
“If a freedman wounds a man he shall pay 12 aurar as fine, and his son
double, and a bondi triple; an odal-born man double the bondi, a
lendr-man and a stallari double again, and a jarl double the amount they
pay, the king double the jarl. When a man wounds another he shall pay
wound-indemnities to the one whom he wounded, one eyrir for the wound,
one eyrir where a muscle is cut, one eyrir when edge and leg meet, one
eyrir for every bone that falls down if it makes a sound when thrown
into the scales, one eyrir for every singeing, one eyrir for each cut in
the clothes, one eyrir for every cut if it bleeds, half a mark for
wounds in the vital parts, half a mark for marrow-wounds (piercing to
the marrow). The wounder shall pay healing-fee and give to them both
(physician and wounded) food for a month. If a muscle is cut off and
falls on the ground the indemnity is six aurar, and as much if a scar is
left in a man’s head (a scar which causes pain when the head is combed).
All breast-wounds shall be valued, but back-wounds receive double
indemnity. If a man is present at a quarrel and does not part nor help
either he shall pay a _slanbaug_ (ring or indemnity of laziness) to the
king 12 aurar” (Gulath., 185).
“There are bone-indemnities (bein-gjöld) wherever a bone is loosened
from the wound of a man.... Then there is one eyrir to be paid and one
eyrir for each little bone until they are six. But if so large a bone is
loosened that six holes may be made in it six aurar shall be paid, but a
bone-indemnity is never higher than six aurar” (Frostath., iv. 49).
“If a haulld wounds a man he is liable to pay six _baugar_ (rings) to
the king, and twelve aurar are in each ring. If an árborinn-madr wounds
a man he has to pay three rings; and a leysingi (freedman) two, a
lendr-man twelve, a jarl twenty-four, a king forty-eight, twelve aurar
being in every ring, and the sum is to be paid to all to whom it is due
by law. All this is valued in silver” (Frostath., iv. 53).
“If an árman (steward) is struck or slain at a church or at a feast or
at a Thing the slayer is outlawed, as for the slaying of any man; but if
anywhere else he shall pay fifteen marks, and the árman has half the
rétt of a haulld” (Frostath., iv. 57).
“The king’s _skutilsveins_ (pages) shall have the rétt of a haulld in
all greater and lesser things. But with regard to other servants of the
king they shall have the rett of a haulld if they wear _ale-cloths_
(aprons) on their necks, and also the one who steers his trading-ship
between lands, and also his goldsmiths. _Stallaris_ (marshals) shall
have the rett of a lendr-man in smaller and larger things” (Frostath.,
iv. 60).
If a man bit another man, his fore teeth were broken at the Thing by the
king’s tax-gatherer (_sýslu-man_), but no indemnity was paid. Wounds
with knives were also punished at the Thing.[546]
“It is unfitting that men should bite each other like horses or dogs.
When a man bites another the _syslumadr_ (steward) shall have him taken
and brought to the Thing and his teeth broken out of his mouth” (King
Magnus’ Laws).
To the wounded man himself, indemnity for wounds and fees for physicians
were paid; the former varying according to the nature of the wounds, but
otherwise equal for all without distinction of rétt. The fee paid to a
physician was fixed according to the time taken in healing the wound.
“One eyrir shall be paid as healing-fee every month and two monthly
allowances of meal and two of butter. Thus it shall be every month
till.... It shall be offered at the first Thing, and his farm and his
loose property is taken until he has paid lawful fine to the king and
wound-indemnities and healing-fee to the wounded. If he does not offer
it at the first Thing he is outlawed and his property, except what he
takes into the wood with him (is confiscated)” (Frostath., iv. 12).
“All have equal wound-indemnities (sárbœtr), thegn and thrall. If a man
wounds a man’s thrall he shall feed him while he lies wounded and pay
his work to his master and his healing-fee” (Gulath., 215).
If any one killed his own thrall he was not punished, but had to declare
it; and if he failed to do so, he was _mordingi_ (murderer). If a man
slew the thrall of another man, he had to pay the value of the naked
thrall to the master, but nothing to the king.[547]
Atli, a freeman working for Njal, was slain by a kinsman of Halgerd, the
wife of Gunnar; when Gunnar, who was at the Althing, knew it, he went to
Njal and wished him to arbitrate.
“Njal said: ‘It was our intention not to disagree on this, and I will
not make him a thrall.’ Gunnar said he assented, and stretched forward
his hand. Njal named witnesses, and they agreed on this. Skarphedin
said: ‘Halgerd does not allow our húskarls to die from old age.’ Gunnar
answered: ‘It is thy mother’s intention that the blows should be mutual
in each other’s farm.’ Njal said: ‘There will soon be too much of this.’
He arbitrated that one hundred in silver should be paid, and Gunnar paid
it at once” (Njala, c. 38).
In ch. 39 we are told that the man who slew Atli is slain by one of
Bergthóra’s men, and Gunnar pays back the weregild to Njal.
Offence in word consisted in abuse or disgraceful similes, or in
bringing an accusation of some disgraceful deeds.
In the first case the offended had to get witnesses to the offence, and
must not return the abuse; if he did so, he was held to have avenged
himself, when the two offences were balanced one against the other, and
there was no indemnity. In the second case the offender could free
himself by proving the truth of his accusation, or getting ten witnesses
that the accusation was grounded on a report from the house of the
offended. The offended person then had to deny this on oath, or in some
cases by undergoing the burning iron ordeal; according to the result the
offender had or had not to pay indemnity.
If a man was slandered behind his back to the king or a chief, the
offender was liable to the punishment which the slandered would have had
had he been guilty.
“No one of us shall slander another to the king, or to a more powerful
man than himself. If he slanders away a man’s life or property, he has
slandered away his own property or life, if it is proved. If he denies
it he shall do it with a _séttareid_ (an oath). He shall have the same
punishment which he meant for the man” (Gulath., 137).[548]
“No man can take his rétt oftener than three times,[549] neither man nor
woman, if he does not take revenge in the meantime” (Gulath., 186).
The weregild was not always paid in cash, but was sometimes given in
kind.
“Now the payment must be regulated. A cow shall be worth two aurar and a
half. When a cow is paid it must not be older than eight winters, unless
the receiver cares to take it. All paid cows must have good horns and
tails, eyes and teats, and in every respect be good. Corn and oxen and
all calf-bearing cows may be paid as indemnities (baug). Gold or burnt
(cleansed) silver may be paid if found. Horses, but not mares. A
stallion, but not a gelding. It must not have faults. Sheep may be paid,
but not goats. Odal-land, but not kaup-land. A ship, unless it is
repaired or so old that the first oar-loops of it have been rown off,
its stems are broken off, or it is repaired with planks which have not
been put on while the ship stood on its stocks. Nothing worth less than
one eyrir shall be paid unless the indemnity is less.... Weapons which
are unimpaired, hard and unbroken. Those with which the man was slain
shall not be offered. A sword shall not be paid as indemnity unless it
is ornamented with gold or silver. Vadmal and all new linen and all new
and uncut cloth, unless the receiver wants to take new and cut cloth.
Men’s clothes and not women’s may be paid, new and not old. New stuff
not cut into a cloak. Blue cloaks and skrùd (a kind of stuff) new and
uncut. All boys brought up at home when not older than fifteen winters,
unless the receiver assents, may be paid. Bondmaids shall not be paid as
weregild” (Gulath., 223).