In the time of King Knut duelling was abolished in Norway, and robbers and Berserks were outlawed.

“The last summer before the one when Eirik jarl, Hakonsson, made ready to go west to England to visit King Knut the Great, his brother-in-law, he placed his son Hakon as ruler over Norway, and gave him into the hands of his own brother Svein jarl to look after and govern for him, because Hakon was a child in age. Before Eirik jarl left, he summoned to him the chiefs and powerful bœndr; they talked much about the laws and customs of the land, for Eirik jarl was a wise ruler. The men thought it a great barbarity in the land, that rioters or Berserks challenged high-born men for the sake of their property or women, and that the one who fell should have no indemnity paid for his slaying; many suffered disgrace and loss of property, and some lost their life; therefore Eirik jarl abolished all holmgangas in Norway, and outlawed all robbers and Berserks who went about plundering” (Gretti’s Saga, c. 19).

“In the summer a throng of men rode to the Thing—Illugi the Black and his sons Gunnlaug and Hermund, Thorstein Egilsson and his son Kollsvein, Önund from Mosfell with all his sons, and Sverting Hafr-Bjarnarson. One day when a crowd went to the lögberg (law-hill) and the law cases were ended, Gunnlaug asked for a hearing, and said, ‘Is Hrafn Önundsson here?’ He said he was. Gunnlaug Ormstúnga then added: ‘Thou knowest that thou hast got my betrothed, and that thou hast shown enmity towards me; on that account I will summon thee to holmganga after three days’ time on Öxarár-holm’ (an islet in the Axe-river (Öxará)). Hrafn replied: ‘This is well offered, as was to be expected from thee, and I am ready when thou wishest.’ This the kinsmen of both thought lamentable, but it nevertheless was the law in that time to bid to holmganga the person by whom a man thought himself wronged. After three nights they made ready for the holmganga, and Illugi the Black followed his son to the place with very many men, but Skapti (lawman) followed Hrafn and his father and other kinsmen.... Hermund held the shield before his brother Gunnlaug, and Sverting Hafr-Bjarnarson that before Hrafn. The one who first got wounded had to redeem himself from the holmganga with three marks of silver. Hrafn had the first blow, for he was the challenged one, and he cut into the top of Gunnlaug’s shield, and his sword broke at the guards, as the blow was given with great force. The sword-point rebounded from the shield, and struck Gunnlaug on the cheek, and he was a little hurt. Both their fathers and many others stepped between them. Gunnlaug said, ‘I claim that Hrafn is defeated, for he is weaponless.’ Hrafn replied, ‘And I claim that thou art beaten, for thou art wounded.’ Gunnlaug at this grew very angry, and cried that this was not fought out. His father Illugi would allow them to fight no more at that time. Gunnlaug added that next time when he and Hrafn were to meet he hoped his father would be too far away to part them. After this they separated, and the men went back to their booths. On the following day a law was enacted at the law-court (of the Thing) that thenceforth all holmgangas should be abolished; this was done at the advice of the wisest men in the land who were there present” (Gunnlaug Ormstunga).

CHAPTER XLIII.
OUTLAWRY.

Irredeemable crimes—Outlaws regarded as enemies of society—Custom of pleading for an outlaw—Liabilities of a murderess—Substitution of corporal punishment and fines for outlawry—Purchase of an outlaw’s peace.

The laws did not aspire to improve the moral condition of the criminal and try to make him a better man, except through fear of punishment; their object in early days was to prevent private revenge, and stop people taking matters into their own hands. Crimes against personal rights or those of property were punished by fines as indemnity to the injured. By paying an indemnity the criminal released himself from the revenge of the injured and of his family, or from the outlawry which his conduct or crime had brought upon him.

If any man had wronged another he was placed outside the pale of the law until the weregild was paid; and if he or his family could not pay he was outlawed, and the outlawry was declared at all the Things in the country.[[575]]

There were crimes called Ubota-mal (irredeemable crimes), that is, for which no weregild could be paid; they were punished by outlawry and loss of all property, including the odal, which was the greatest punishment that could be inflicted. Such crimes were the violation of the sanctity of the temple or of the Thing-place, and secret or unprovoked murder. From the old laws of Norway we find that a man was called Ubota-man who could not redeem himself.

1. “If a man attacks another in his house and breaks the house and slays him, that is called nithing-slaying. 2. It is a nithing-slaying if a man slays the one to whom he has given his plighted faith. 3. It is also a nithing-slaying if a man slays another during a truce. 4. If a man strikes another against a stone, or a timber, or a stump. 5. To burn a man in his house. 6. To plunder the slain, or take away a man’s clothes and weapons. 7. To murder a man. 8. To avenge thieves. These things must be denied with séttareid. Wherever a man commits a nithing-slaying, he is an unholy outlaw and forfeits every penny of his property, both land and movable property: he shall never come to the country, or the king, or the jarl, unless he brings true war-news (of a hostile host coming)”[[576]] (Gulath., 178).

Men could be slain with impunity, and were irredeemable if they were found guilty with the following women:—