Snorri Godi, the famous Icelandic chief, when on his way from a feast with Thorgils Arason, stopped overnight at a farm called Breidabólstad. After they had entered and sat down, Snorri said:—
“‘I have been told, Thorgils, that no man can cite the oath of truce so well as thee’” (Heidarviga, c. 33).
The following saga shows how an oath of peace was sometimes kept under the greatest temptations to break it. Gretti was an outlaw, and had come in disguise under the name of Gest to see some games of idróttir in which he was invited to take part; but knowing that if he was recognised his life would not be safe, he insisted that those present should take the oath of peace towards him.
“‘Here I establish peace among all men, especially with regard to this man, named Gest, who sits here; and I include all godords menn (district chiefs) and good bœndr, and the whole mass of young men able to fight, and all other heradsmen of the Hegranesthing district, or wherefrom any may have come with or without name; we give by hand-shaking safety and full peace to the unknown stranger who is called Gest, for games, wrestling, and all kind of merriment, for remaining here or returning home, whether he need go by sea or land or by other conveyance; he shall have peace in every named or unnamed place as long as he needs for a safe return, with observance of the plighted faith. I establish this peace for us, our kinsmen, friends and kindred, men as well as women, thralls and bondwomen, boys and independent men. He who violates the peace or breaks the plighted faith shall be a peace-nithing, and shall be outcast and driven from God and good men in heaven, and from all saints; and shall be received nowhere among men, but be driven away by every man as far as wolves are driven, or wherever Christians go to church, heathens sacrifice in temples, fire burns, earth produces, a speaking child calls its mother, mother bears son, people kindle fires, ships glide, shields glitter, sun shines, snow falls, a Finn runs on snow-shoes, fir grows, a hawk flies all the long spring day with a straight fair wind blowing under both wings, heaven encircles, world is settled and wind blows water towards sea, men sow corn; he shall shun churches and Christians, heathen bœndr, houses and caves, every home except hell. Now let us agree and be at peace one with the other in goodwill, whether we meet on mountain or beach, on ship or snow-shoes, on earth or jökul (glacier), on the high sea or on horseback, as if one find his friend on water or his brother on the way; agreeing as well one with another as son with father, or father with son, in all dealings. Now we join our hands together all of us, and keep this truce, and all words spoken in this plight of faith witnessed by God and good men, and all who hear my words or are here present.’ Many said that much was in this, and Gest said: ‘Well hast thou declared the truce, if thou and thy people do not break it afterwards, and I shall no longer delay showing myself.’ He then threw off his hooded cloak and outer garments. Each looked at the other, very startled at recognizing Grettir Asmundsson, whom they knew by his size and strong frame, which were uncommon. They became silent, and Hafr perceived that his speech had been unwise. As the men from the herad walked two by two, each blamed the other, but most him who had pronounced the oath of peace. Then said Grettir: ‘Make it plain to me what you have in your mind, for I do not wish to sit long without clothing (they removed their outer garments when they wrestled); you have much more at stake than I in the keeping of the truce.’ They made little answer, and sat down. The sons of Thord and Halldor, their brother-in-law, began to talk together. Some were in favour of keeping the truce, and others not, and they nodded their heads one to another. Tungustein said: ‘Is that your thought, Grettir, but what will the chiefs do? Thou art in truth a great and brave man, but seest thou not how they put their noses together in deliberation what to do.’”
After a taunting song from Grettir, in which he ridiculed their indecision, Hjalti Thordarson said:—
“‘It shall not be so; let us keep our oath of peace, though we have been outwitted; let us not ourselves set the example of violating the truce we have declared and given. Grettir shall go free wherever he likes, and the truce shall last until he has returned. Then this plighted faith will be no longer in force, whatever may happen between us.’ All thanked him, and thought his opinion chief-like, considering the guilt of the person interested. Thorbjörn Öngul, Hjalti’s brother at this became silent” (Gretti’s Saga, c. 73, 74).
Oaths by witnesses.—If there were witnesses, including at least two freemen who were of age, to testify under oath for or against, then the one who had the most witnesses won his case.
If a witness’s appearance was hindered, then two men could take his evidence and give it under oath on his behalf.
If people heard a bad report about a man, evidence was given by ten men, two of whom had to swear to it, and the others verified their words that they had heard such report without knowing if it was true or not. Such evidence forced the accused to free himself from the accusation either by oath or ordeal.
The purifying oath, skirsl[[555]] or dulareid,[[556]] varied according to the accusation. It was taken either by the defendant alone, or by him and a certain number of co-swearers, the number of whom varied according to the nature of the cases. The greatest number was twelve, and the oath, which was considered the most solemn and important, was in such a case called tylftareid (twelve-men oath).