Gunnar of Hlidarendi, the famous champion, with his brother Kolskegg had slain eight men. After the prosecution of the case had begun at the Althing, some proposed that good men should arbitrate.
“It was determined, according to the advice of the wisest men, that all the suits which followed should be submitted to arbitration; six men to arbitrate, and it was done at once at the Althing. It was decided that the death of Skamkel should not be paid for, the wound of the spur making up for the wergild; for the other a befitting payment was made. The kinsmen of Gunnar gave property, so that all the weregilds were at once paid at the Althing” (Njala, c. 56).
Manslaughter was murder if it was not acknowledged by the slayer; if there was no witness to the deed, he had to acknowledge it at the farm nearest to the place of slaughter, and tell his name and home. If kinsmen of the slain were present, he might pass the place; but in no case could he go further than the third farm without declaring it.
“Further, if men meet at the crossing of roads, and the one slays the other, and the man is alive when people come to him, then he is the slayer whom the man declares to be, unless the great evidence help him. If another man declares himself to be the slayer, then they are both slayers, though there is only one wound on the dead man. When a man declares the slaying lawfully, he goes from the place in whatever direction he likes, and declares it at the next house, unless kinsmen on male or female side or near relatives of the dead are there; in this case he shall pass on to the next house, unless they (kinsmen) are also there; then he shall go to the third house and declare it, whoever are in it. He is neither called Ulf (wolf), nor Björn (bear), unless it be his name. He shall tell the jartegn (by which he is known), and tell where he slept last night. At the Arrow-thing evidence of the declaration of the slaying shall be given” (Gulathing’s Law, 61).[[583]]
If a man acknowledged a slaughter lawfully, and also in the presence of witnesses gave surety that he would pay weregild and thegngildi (weregild for a thegn), he thereby made himself holy and sacred, so that he could not be slain.
“If a man wounds an innocent man, or injures him publicly by deeds liable to full rétt, and revenge is taken by the man or his kinsmen before a lawful offer with full surety has been made, then the one who first broke the peace is outlawed, whether he has been slain or outraged in other ways, unless the king and other men of good sense think otherwise. But if he offers full surety he is peace-holy, and the one who slays him is outlawed” (Frostath., Introd. 6).
An insane man who committed murder, though not accounted responsible for his actions, was expelled the country.
“If a man becomes mad so that he breaks his chains and kills a man, he shall leave the land, and have all his property in half a month’s truce during summer, and one month during winter” (Frostath.).
“If a father becomes so mad that he slays his son, or a son slays his father, or a brother his brother, he shall be outlawed, and leave the land, and never come back again” (Frostath., iv. 31).
Among the insults which were most resented were those caused by “nid,” or derision. Derision was of two kinds: the first called “tungunid,” tongue derision; that is, derisive or mocking words, which were chiefly in songs and lampoons (nidvisur), which sometimes were also thought to possess magical power, thus scaring away the guardian spirits, and bringing misfortune on the person in question. The second were trenid (wooden derision), that is, derisive images carved or traced on wood. These were placed at spots where they would draw attention, generally on the grounds of the enemy; and some of them must have corresponded to the caricatures of our own times.