In the oath by two men, “tveggja manna eid,” the defendant seems to have himself chosen his co-swearers without restriction. Like the oath of twelve, if one refused to swear to the case the procedure was not valid.
Perjury was punished by fine, and inability thereafter to give evidence, and loss of rétt.
“The men who become false witnesses are liable to pay three marks to the king, and are never able to give evidence after, or use any evidence (on their own behalf), and lose their rétt” (Frostath., xiii. 25).
The Ordeal.—The ordeal was a ceremony performed under different forms in order to prove the innocence or the truth of an accusation, and was preceded by an oath. Among the various kinds of ordeal was that of going under an arch or hoop of sods, a ceremony sometimes connected with an oath.[[562]]
If the plaintiff succeeded in passing under these sods without breaking them, or without their falling down, he was considered to have proved his case. The strips of sod seem to have generally been three.
“Ordeal then consisted in a man going under a strip of sod which was cut from the field; the ends of it were to be fast in the ground, and the man who was to perform the ordeal must go under it. He who went under the sod was considered not guilty if it did not fall down upon him. Thorkel made an agreement with two men that they should dispute about something, and be present when the ordeal was taking place and touch the turf, so that all should see that they threw it down. After this the ordeal was to be performed, and as soon as the man had come beneath the sod the men who were to rush against one another with weapons did so, and met close to the turf-loop and fell there; it fell down, as was likely, then men rushed between them and separated them, which was easy, for they fought with no anger. Thorkel Trefil asked for judgment on the ordeal. All his men said that it would have been satisfactory if nobody had spoiled it. Then Thorkel took all the movable property, while the lands were given to Hrappsstadir” (Laxdæla, c. 18).
Berg summoned Jökul to the Hunavatns Thing on account of a blow received from him during a wedding feast, and prepared the case.
“At the Thing they tried to reconcile them, but Berg said he would take no fine and not be reconciled unless Jökul went under three sod-slices, as was there the custom after great offences, and thus show his humility. Jökul said that sooner should the Troll take him than he would lower himself thus. Thorstein said: ‘This is a matter for consideration, and I will go under the sod-slice.’ Berg said that would do. The first sod-slice reached to the shoulder, the second to the waistbelt, the third to the middle of the thigh. When Thorstein went under the first, Berg said: ‘Now I will make the foremost of the Vatnsdal-men stoop like a pig.’ Thorstein answered: ‘There was no need for thee to say this, but the first result of these words will be that I will not go under any more sod-slices’” (Vatnsdæla, c. 33).
The ordeal of boiling water was sometimes resorted to.
A bondwoman, Herkja, told Atli that she had seen King Thjodrek and Atli’s wife, Gudrun, together. Gudrun asked Atli why he was no longer merry. He told her the cause of his jealousy, and that she was unfaithful to him. She answers:—