“If a man slays a woman he is outlawed, just as if he had slain a man. But if a woman slays a man she is outlawed, and her kinsmen shall send her out of the country; and also if a pauper[[578]] slays a man he shall be sent out of the country within five days, and he may stay with his kinsmen five nights if no necessity delays him longer. If he stays longer he shall pay forty marks, or deny it with lyritareid” (Gulath., 159).
Sigmund and Eylif, sons of Önund, wanted to get rid of a man called Örn, their kinsman. Mörd Gigja advised them to get him outlawed, and in that way get him from the Herad.
“They raised against Örn a suit about the right of grazing and it was agreed that Örn should be slain as unholy, and have no weregild anywhere, except at Valugerdi (his farm) and within an arrow-shot from his land. They continually tried to get at him, but he kept well on his guard. One day when he was driving oxen from his land they came upon him and slew him, and it was thought that his death was unholy. Hamund Gunnarsson and Thorleif led the prosecution in Örn’s case, while Mörd supported the brothers; they paid no fine, but were outlawed from the Herad” (Landnáma, v., c. 4).
Another kind of outlawry (Utlegdarmal) was less severe, and did not imply the confiscation of property, for the outlaw could redeem himself by paying weregild. To this second class belonged a great many crimes, the principal of which were: simple slaying,[[579]] severe wounds, crimes against honour, bodily ill-treatment, crimes against personal liberty, robbery, etc.
In some cases corporal punishment, and occasionally fines, were substituted for outlawry.[[580]]
If a man killed another and failed to cover the body with earth he was outlawed.
Helgi Droplaugarson slew Björn, because he visited Thórdis, a kinswoman of Helgi’s, too often.
“The following night Helgi Sveinung and the two others went to a skerry (rock) lying off the shore and removed Björn thither and covered his corpse. The widow of Björn thought there would be a prosecution by Helgi Ásbjarnarson and sent men to him at Mjófanes (her place). In this spring after Björn’s death, this chief sent to Borgarfjord to prepare the case, and did not find the corpse of Björn.
“Then Helgi Ásbjarnarson (a godi) summoned Helgi Droplaugarson because he had murdered a man, thrown him into the sea, and not covered him with mould. Helgi summoned him at the Thing for greater outlawry. He had prepared the case of seduction for the Althing. Both cases came to the Thing. Helgi Droplaugarson went to the court, with many men; he called witnesses to prove that Helgi Ásbjarnarson had no case, and said that three men had seen Björn covered with mould; then Sveinung and two others took oath at the altar ring that they saw Björn covered with mould. Now the case of Helgi Ásbjarnarson was made void. Then Helgi Droplaugarson wanted to make Björn unholy, but Helgi Ásbjarnarson offered property and then Helgi Droplaugarson arbitrated, and he decided that 100 aurar should be paid” (Droplaugarsona Saga, p. 15, 16).
If a man was outlawed he had to buy his peace, “fridkaup,” from the king, who determined what the amount should be.