Fjallabók is |
"WITH LAW SHALL THE LAND BE BUILT UP...." by RigR Goği of Tır In the mid tenth century, when the Holy Roman Empire was putting Europe to the torch and blade and chaos reigned supreme, the small, new nation of Iceland found law and justice. The first federal courts known to European history took place at Thingvellir, Iceland, in the year 930. This was known as the Althing. The Althing existed at Thingvellir in some fashion until the year 1798, and became the basis for established law and legal procedure throughout Europe. (Unlike America which is based on Greek and Roman Law). In the century that followed, Iceland was divided into quarters. Each of these quarters had various regional things. Civil cases were usually heard regionally, whereas criminal suits were pressed at the Althing. It was unlawful, however, to have a civil case handled outside of your own region. This was considered perjury, because the other regions were not as intimately familiar with the people, holds, and sociology of their region. The original Althing was presided over by the Logsgumadr. He was known as the Lawspeaker because he would recite publicly the entire law during his three year term. The Lawspeaker had the final authority in the Thing, but not beyond that jurisdiction. Under the Lawspeaker was the Council of Goğar (Chieftains). These Chieftains elected the Lawspeaker each term, and they had ultimate authority over the rule of their personal holds. The Althing would convene on the 11th Tuesday of summer (late in June). The reason for beginning the Althing on a Tuesday was the meaning of the day, Tiw's day. Tiw is an ancient name of Tır the God of Justice. Thus the Althing was dedicated to the God of Justice. The last day for serving a summons was four weeks prior to convening. All charges must be named in the presence of nine neighbors. These people are the Kviddonur (jury). Their function was not to find a defendent guilty or innocent, but to find whether theirs was a case to answer, and whether that case had been properly made according to law. For example: charges could not be pressed if the defendant isn't named. If a case was considered petty or reconcilable out of court, the Kviddonur would dismiss the case, or if the case was able to be handled by a regional Thing then the case was referred to their respective region for litigation. The one thing unique about Icelandic law is dealing with honor in court. If honor was a major issue in a case and the law was not equal to the task, any man could "appeal to the sword." This was a duel that took place between litigants on the island of Oxara right outside of Thingvellir. The duels took the place of capital punishment. The ancient Norse did not believe in the act of killing. Death in combat was another matter entirely. Therefore, such actions requiring capital punishment were also deferred to the sword. It is believed that Tır would judge the true man from the criminal and the true one would prevail. In this way, the decision of death was left for the Gods to choose, and not mortal man. It was dueling law at that time that if a man challenged another in any matter, and the one who issued the challenge won the victory, then his due as victor was whatever the challenge had been made for. If he were defeated, then he was obliged to ransom himself by an agreed su. But if he fell in the duel, the fight lost him all of his possessions, and the one who killed him in the duel inherited all of them. A second interesting and unique aspect of Icelandic law was Weregold or Vergold. If a man was killed in a dispute, certain procedures had to be met or he faced outlawry. First, he had to admit the act and name a witness. Second, he was obliged to bury the deceased. Thirdly, if a case was pressed at the Althing and he was found at fault, he would pay money in recompense for the life, this was weregold. ......If a man named no witnesses, killed in secret, or killed at night then it was known as "secret killing" and was punishable by outlawry. An outlaw could be brought to justice by any man and be paid a bounty. The purpose of wergold was not to place a price tag on human life. The Gods had already chosen the victor. the money was paid to those who would lose the benefit of his work or skills. These are just a few examples of the nuances of ancient Icelandic law. The entirety is recorded in two ancient manuscripts known as the Konúngsbók and the Stağarholsbók. They deal with everything from divorces to first degree murder. As you can see, when the rest of the known world was merrily going to Hel, the people considered to be barbarian had laws that kept the true spirit of justice and remind us of true noble roots. |
