“These women are seven (kinds). One’s wife, then sister, thirdly daughter, fourthly mother, fifthly stepmother, sixthly brother’s wife, seventhly son’s wife. If a man finds a man with one of these, he may slay him if he likes; but he must tell the man whom he meets first of it, and why he did it” (Gulathing’s Law, 160).
The following wording seems to imply that to slay a lawman under any circumstances, or run away with another man’s wife were ubota crimes:—
“It is also a nithing-slaying if any one slays a lawman who is ordained to tell people the law. That man strikes down the rights of all men, for the lawman has duties to all, poor and rich, where he rules.... Men who are found to be so deceitful as to run away with other men’s wives are ubota-menn.”
Such an outlaw was regarded as an enemy of society, and lost his personal security with regard to every one of its members; from the earliest times he was called varg i véum (wolf in the sanctuary), or skógar-man (forestman), so called probably because he was deprived of intercourse with mankind and left with the wild beasts of the forest, and could be killed by any one who saw him.
Grettir while in Norway had accidentally set fire to a house in which there were some Icelanders who had been drinking, and therefore probably could not get out, and so were burned.
“That same summer there came a ship to Gasar, before the opening of the Althing. News was brought of the journeys of Grettir, and the burning of the house. Thorir of Gard became exceedingly angry at this, and thought that he ought to avenge his sons. He went to the Althing with many men, and there presented the case of the burning; but they were unwilling to do anything, because nobody was there to answer. Thorir said he would accept nothing but Grettir’s outlawry from Iceland for such an evil deed. Skapti the lawman answered: ‘It is certainly a wicked deed, if the news is true; but a tale is always half told if only one man tells it, for most men are willing to take the worst side of a question if there are two, therefore as matters stand I will not decide that Grettir shall be outlawed for this.’ Thorir had great power in his Herad and was a great chief, and friendly with many great men; he pressed the case hard, and no one appeared in Grettir’s defence. Thorir then had Grettir outlawed from the land, and was afterwards the most dangerous of all his foes, as was often seen. He at once put a price on his head, as was done with other outlaws, and rode home. Many said that this had been effected more by power than according to law, but the case stood as it had just been settled” (Gretti’s Saga, c. 46).[[577]]
This seems to indicate that it was customary for some one to plead on an outlaw’s behalf, for it is said in the Saga that “Skapti died, when Grettir had been outlawed nineteen years, so that then there was no one to plead his cause.” His friends, however, brought his case before the Althing, and the judge decided that a man could not be an outlaw for more than twenty winters, even if during that time he committed some new crime; but that before that time expired the sentence could not be revoked.
“That summer the kinsmen of Grettir spoke much of his outlawry at the Althing, and some thought that he had served his time, as he had been outlawed now a part of the twentieth year; but those who had charges to bring against him did not like this, and said he had committed many deeds since for which he ought to be outlawed, and therefore his outlawry ought to last longer. At this time Stein Thorgestson was chosen lawman. He was a wise man, he was asked to give his decision. He enquired if the time of the summer thus far passed belonged to the last twelve months of the twenty years since he had been outlawed. As it was, Thorir from Gard tried to raise all the objections he could, and found that Grettir came to Iceland when a part of the summer had passed, and had not been an outlaw during that time. Nineteen twelvemonths, less the three months that passed from that Althing until Grettir came to Iceland in the autumn, had his outlawry lasted. Then the lawman said that no man should be an outlaw longer than twenty winters, even though during that time he committed deeds for which he ought to be outlawed; but that before twenty winters passed he would not declare any one free from his outlawry” (Gretti’s Saga, c. 79).
The liabilities of a woman who committed murder were different according to the Gulathing or the Frostathing Law.
“If a woman slays a man, the kinsmen of the dead, if they wish, may slay her, if she does not go away in five days during summer, and in half a month during winter” (Frostath., iv. 33).