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).
CHAPTER XLI.
THE OATH AND ORDEAL.
Sanctity of the oath—Manner of taking the oath—Oath upon the Bible adopted with Christianity—Oaths sworn by objects—The oath of truce—Oath by witnesses—Purifying oath—Its various forms—Perjury—Different forms of ordeal—Passing under sods—Ordeal of boiling water—Walking on red-hot irons.
The law of the people was much influenced by their religion. Great stress was laid upon the sanctity of the oath, which, like a vow, was considered most binding. No other literature points out so clearly and so often the sacredness of an oath and the loathing in which oath-breakers were held. Let the youth of every land learn this noble trait of the character of the Norsemen. No one could absolve a man for breaking his oath, no matter how great might have been the splendour of his achievements. The higher born the man was, the more did he consider himself bound to keep his oath.