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.