The owner of the debtor could use him as his thrall as long as the debt was not paid, but the debtor had the rétt to which he was born in regard to all other men. His master could beat him, but was not allowed to sell him unless he paid a fine of forty marks, or unless he ran away, when he became a real thrall. The debtor could also give his child for a higher debt than three marks.
If he did not stay with his creditor, he was allowed half a month to go through the Fylky and try to get the debt paid. If the creditor wanted only the money and not the person, he could offer the debtor to his kinsmen; or, if they would not buy him, the creditor could sell him to any one in the country, though not as a common thrall, and not for a higher amount than the debt.
If the debtor would not work and was obstinate, then the creditor could take him to the Thing and offer him to the kinsmen of the debtor to redeem; if they would not, the creditor could kill or maim him.
“A debtor shall be taken to the Thing. He shall first be offered to his kinsmen, and first to the nearest one if he wants him, or to the one to whom he prefers to sell him. No one is allowed to take a woman thus for the sake of debt, unless with the consent of her kinsmen.... He (the creditor) shall not drive him to work with blows unless he cannot get his debt from him. The man has no rétt towards him (the master) and his wife and all his thralls and each to the other. If others beat him the master has equal rétt on him as on his steward; the debtor owns the rest of his rétt according to his birth, and his rétt shall be the same as if he had no debt.... If a man sells a debtor like a slave he is liable to pay 40 marks, unless he has run away from his creditor, and the same must every one pay who sells a free man.... A family-born man may give his child for debt if he does it at the Thing or at the alehouse or at church, for 3 marks and not more.... If the debtor is obstinate to the creditor and will not work for him, he shall be brought to the Thing and offered to his kinsmen to redeem him. If they will not the creditor can maim him on the upper or lower part of the body” (Gulath. Law, 71).
Robbery (Rán) was viewed from a different point, according as more or less violence was employed in its commission.
Búrán (burglary) committed with armed force was considered the worst form, and was útlegdarverk (outlawry-work). Robbery of a whole farm was punished with outlawry, and the owner sent an arrow to the men of the Herad that night to pursue the robber. If when he was caught he returned the property, he had to pay indemnity to the king. If robbers defended themselves they were unholy, and no weregild was paid for them if they were killed.
“If men attack a bondi and rob his farm and take 3 cows or more, or 3 cows’ value, then it is búrán. If the bondi owns only 3 cows, it is búrán if one is taken away. An arrow shall be sent, and each carry it to the other or pay a fine.[[176]] If they are pursued and found with the cattle and give them back, the leader pays 40 marks, and each of his men 3 marks. If they do not they are all outlaws” (Frostath., v. 14).
“In the second place, if a man finds another in his búr[[177]] who has gathered there a burden of property and clothes, he may slay him if he likes. He shall go to his neighbours and show them the slain man, and use their evidence at the arrow-thing. In the third place, if a man finds another in his sheep-house or cow-stall tying his cattle and trying to lead them away, he may slay him if he wants” (Gulathing Law, 160).[[178]]
Handrán was the term applied to robbery without violence of property out of the hand. Such a robber also was unholy, and could be killed without indemnity.
“It is hand-robbery if a man tears out of the hand of a man what he holds in it, or tears anything off his back. This is also liable to greater outlawry” (Vigslodi, c. 3).