Lögberg - 05.06.1930, Side 7

LÖGBERG, FIMTUDAGINN5. JÚNÍ 1930.
Bls. 7.
The Ancient Althing in Iceland
by
J. RAGNAR JOHNSON, B.A.,
LLjB., LL.M. (Harv.)
The year 1930 marks the thous,-i
andth anniversary of the founding|
of the Althing or National As-
sembly in Iceland. The consHtu-
tion of this early Parliament was
as unique as were the events Sur-
rounding its establishment filled
vith romance and adventufe.
The settlement of Iceland be-
gan about 874, A.D., when King
Harald the Fairhaired was with
relentless violence establishing
his power in Norway. He had suc-
ceeded in conquering the entire
country and was compelling the
local rulers of the land to pay
homage and taxes to him. The
proud spirit of the Viking lead-
ers who ruled the numerous small
independent communities that
filled the country revolted against
this encroachment of their ancient
rights and ancient liberties. They
refused to acknowledge his sup-
remacy and resolved to find new
homes on the comparatively un-
known island of Iceland. Many of
these emigrants first went to the
British Isles and thence to Ice-
land, generally bringing in their
retinue a large element of Celtic
blood.
This colonization was a purely
private undertaking on the part
of the colonists themselves, who
came there in straggling bands
without community of govern-
ment or settled law. They planted
themselves in irregular ways
around the coast, and each man
took for himself as much land as
he desired. *
The leaders amongst these early
settlers combined the functions
of priests and rulers and were
called Godar or Chieftains. One
of the first acts of a Norse chief-
tain upon arrival in Iceland was
to erect a temple, often with the
sacred pillars which he had
brought with him from his ances-
tral temple in the old country.
The “öndvegissúlur” or high seat
pillars and earth from the old
alters served as reminders ®f the
ancient homes in Norway. The
temple, with the Godi acting as
high priest, became a place of re-
sort and worsihip for the Godi’s
dependents as well as for other
people resident in the district who
might not be able to erect and
maintain a temple of their own.
The local Thing og Folk Moot
(as it was called in England) was
also held in this temple and the
Godi or Chieftain became its
leader and presided at its meet-
ings. He also saw to the regu-
larity of judicial proceedings,
preserved order, and provided for
the administration of many mea-
sures of common concern upon
which the Thing might determine.
The Godörd, or office held by
the Godi was a peculiar one. It
was alienablé and could be trans-
ferred by way of gift or sale, and
could be vested in several persons
jointly. Similarly, a mmber of
Godords could become vested in
the same person. The Ohieftain
had no legal powers of coercion
and any of his subjects might op-
Pose him in the Thing. Unlike the
feudal system, there was no terri-
torial circumscription correspond-
*og to the Godord. Neither were
there any emoluments to be de-
rived from the office. According-
ly, the Godord was regarded as
implying power rather than pró-
Perty.
Thus there sprang up around
the coasts of Iceland a great num-
ber of petty and loosely aggregat-
groups of settlers. They were
oeither states nor principalities
n°r republics, but were organized
for the purpose of justice, and in
Tarticular, for the exaction of
f'nes for homicide. At this stage
there was no settled plan of gov-
Grnment, no written 'laws, no de-
fined territory. The only effec-
tual union was that of kinship,
which was strong enough at times
to involve the entire district in
l-be blood-feud of a single man.
B«tween the different com-
^nnities that had thus sprung up
there was no political tie what-
ever. There was no Icelandic
nation, much less any Icelandic
) Jón Jónsson: íslenzkt þjóðerni
dómur instituted in A.D. 1004 on öxará-foss, the place of meeting only place where they have been/tains from all parts of the island
state of which the several com-
munities deemed themselves an
integral part. Each was an inde-
pendent body. The only methods
of settling disputes between
different Things were by arbitra-
tion bfore a third Thing or else
by open warfare.
Accordingly, the need for some
further political or, rather, judi-
cial organization of the island
began to be generally felt and
about fifty years after the first
settlement a notable Chieftain
named Úlfljótur offered a scheme.
He proposed the establishment of
one general Thing for the whole
country, where all matters of
common interest might be dis-
cussed and to which matters that
were in dispute between two or
more local Things could be re-
ferred.
He travelled around the country
imparting his views to other Godis
and influential men and succeed-
ed in bringing them into sym-
pathy with the suggestions. He
then sailed to Norway to inquire
into the laws prevailing there and
to prepare a constitution suitable
for the new general Thing.
At the same time Úlfljótur’s
foster-brother, Grímur Geitskór,
because of his fleetness of foot
and ability as a mountaineer was
appointed to find a place suitable
for the meeting of the assembly.
After traversing the country at
length he decided upon a spot
which was to become known as
Thingvellir (the plains of the
ThingX This place, situated
about thirty miles North-east of
Reykjavík, being in the district
cf the first temple founded by
Ingólfur, the earliest Norwegian
settler, attained a sort af sacred-
ness.
After a sojourn of three years
in Norway, úlfljótur returned to
Iceland with ihis materials for
legislation and in midsummer
A.D. 930 the first Althing or Na-
tional Assembly of all Iceland
met and there it continued to meet
year after year, for a jfortnight in
the latter half of June, till the
year 1800.
The Parliament of England and
the Diet of the Romano-Germanic
Empire grew up slowly from
small 'beginnings. Their growth
was natural and imperceptible.
The Icelandic Althing, on the
other hand, was formally and of
set purpose established by a sort
of paper constitution, i. e. by the
deliberate agreement of indepen-
dent groups of men seeking to at-
tain the common ends of order
and justice. Thus, before the
middle of the tenth century the
republic of Iceland was created,
a republic Temarkable from the
extremely limited range of its
governmental activity as well as
from its peculiar political
structure.
The general outline of the con-
stitution of the Althing as
amended from time to time was
as follows: The total number of
regular Things and Godords was
fixed at thirty-nine, nine for eacþ
of the four quarters into which
the country was divided, except
the North Quarter, which was
allowed twelve. Each of these
thirty-nine local Things as pre-
sided over by its own Godi. Three
of these Things were then united
to form a larger Thing-district
(Thingsókn), there being thirteen
altogether. Each Quarter also had
a still larger Thing called the
r' jórdungsthing. This was a fore-
runner of the Althing and repre-
sented an attempt to unite the
small local things.
Ordinary lawsuits and questions
of local interest were determined
in the minor Things, while graver
suits, or those in which the parties
belonged to different Things as
well as proposals for alterations
in the general law, were brought
before the Althing. It seems to
have been therefore partly a court
of first instance and partly a
court of appeal.
'On its judicial side, the Althing
acted through four Courts, each
Quarter having its Fjórdungs-
dómur or Quarter Court. There
was also a fifth court or Fimtar-
the suggestion of the famous
jurist Njál *). This tribunal had
been intended as a sort of Sup-
reme Court but failed to overcome
certain insuperable social and
physical obstacles. In these vari-
ous judicial committies of the Al-
thing lawsuits were brought and
argued with an elaborate for-
mality which is remarkable when
one considers that the rules of
procedure were preserved in the
minds of certain individuals.
On the legislative side, the Al-
thing acted through another com-
mittee of 144 persons of whom,
only thirty-nine Godis and nine
nominees (three from each of the
East, South and West Quarters),
had the right of voting. Each of
the forty-eight appointed . two
leigemen or franklin who advised
him, sitting one behind him and
the other in front of him, so that
he could readily seek their coun-
sel. After the introduction of
Christianity in A.D. 1000 the two
bishops of Skálholt and Hólar
were added, while at the head of
all stood the only elected officer,
the Lögsögumadur, or Speaker of
the Law. This Cqmmittee was
was fixed. j dealt with by an action of eject-
The Chieftains built temporary, ment.
booths along the banks of öxará
River. Places were assigned for
The Sagas often give us a
glimpse of the conduct of busi-
the holding of the several courts ness at Althing. The famous
while it would appear that Nature! Njáls Saga *) tells us of a law-
herself had intended a place for
Lögrjetta or the legislative com-
mittee.
Tradition tells us that Lögberg,
or the Hill of Laws, stood in the
midst of the enclosure and that
it was from this eminence that
the Law Speaker recited the law
of the nation in the full sight and
hearing of the multitude that
stood on the further side of the
chasm. But some eminent anti-
quarians, including Dr. Gudbrand
Vigfússon, Dr. Björn Olsen and
Eggert Briem, have argued that
Lögberg was situated on the edge
of the great lava rift called Al-
mannagjá to the west of the
river.
Between the traditional Lög-
berg and the lake stand a little
i wooden church and an humble par-
sonage. There is no other house
nor any other sign of human life
in the vicinity. Neither is there
anything to show that the place
called Lögrétta**) and by it all was at any time different from
changes in the law were madeJwhat it is now. With the excep-
and all matters of common inte-
rest discussed. It was essentially
an aristocratic body, as indeed
the whole constitution bore an
aristocratic colour.
The Lögsögumaður or Speaker of
the Law, was the solitary official
in the republic. He was the de-
positary and organ of the un-
written law of the country. It
was his duty to recite aloud in
the hearing of those present at
the Althing, the law of Iceland,
going through the entire body of
law in the three years during
which he held office. He also
recited each year the formulas of
procedure in the courts. It was
this part of the law which was of
most practical importance.
He also presided in the Lög-
rjetta, giving a casting vote where
the votes were equal. When a new
piece of legislation was intro-
duced the Law Speaker explained
it in detail and declared it to be
the law of thei land. Besides, he
was bound to answer every one
who asked him what the provisions
of the law actually were. But he
was not expected to advise litig-
ants as to the course to be taken
in a particular case, nor to guide
them in their litigation.
The Law Speaker was in reality
tion of- the foundations of a few
booths, man has left no evidence
of his presence. It is therefore
difficult /to realize, when one
looks upon this quiet and peace-
ful pastoral scene, that this spot
was at one time the centre of the
political and social life of Iceland
and that its surrounding walls so
often reverberated to the clash
of arms.
It is interesting to observe some
of the Jaws that were passed and
judgments rendered in the early
days of the Republic. Extreme
severity surrounded the law of
libel and slander. To affix a
nickname to a person, was pun-
ishable by banishment. To write
poetry about a man, even in his
praise, without first obtaining
his consent, was an offence. A
love poem to a woman was action-
able, the suit being brought by
the guafolian if the party was
under twenty years of age.
The faith which Icelanders had
in their early Gourts may be il-
lustrated from an amusing inci-
aent which happened about A.D.
1002 and is related in Eyrbyggja
Saga (circa A.D. 1250). A pow-
erful Chieftain or Godi named
»
Thóroddur, living in the western
part of Iceland, had, just before
suit which broke down on a tech-
nical point and was followed hy
a judicial combat.
In 994 a law was passed pro-
viding that suits for compensa-
tion for homicide were not to be
brought by a widow or a child
under sixteen years of age, but
by the nearest relative. 1)
Again, we read O'f the aboli-
tion of judicial combat in 1006,
following an abortive duel be-
tween Gunnlaugur and Hrafn,
occasioned by the rivalry of these
Vikings over the love of Helga
the Fair. 2) ,
A striking scene at Althing was
the introduction of Christianity.
King Olaf, the most brilliant of
Norwegian sovereigns, sent two
missionaries to Iceland. One of
these, Thangbrand, distinguished
himself by committing two mur-
ders during his five month stay.
Nevertheless he succeeded in con-
verting several to the new faith,
and in A.D. 1000 these converts
urged upon Althing the formal
abolition of paganism. While the
debates were at their full height
a courier arrived to tell of a vol-
canic eruption some thirty miles
away. “This is the wrath of the
Gods at these new rites,” ex-
claimed the pagan leader. Then
Snorri, the wisest and wiliest
Godi of his time, rose and. replied:
“With whom were the gods angry
when this rock was molten upon
which we stand?” at the same
time pointing to the deep lava
rifts that surrounded Lögberg.
A few days later the Christian
faith was formally adolpted for
the whole land. 3)
A very important feature of the
Althing was the social life which
accompanied the sessions. For
Althing was not merely an assem-
bly for the conduct of business
but the great annual gathering
of the entire nation. **). Chief-
attended with their families and
retinue. iMerchants from Norway,
Denmark and Ireland brought
their wares for sale, drinking
booths were set up and games of
all kinds carried on. It was a
great opportunity, not only for
the renewing of friendships, bar-
gain and sale of lands and chat-
tles, glíma contests and athletic
displays, but for the arranging
of adoptions and mariages. The
Sagas mention several instances
of proposals and betrothals ar-
ranged at Althing, in most of
which instances the will of the
maiden seems to have prevailed
over that of her father.
The meeting of the Althing was
out the centuries, in the face of
political oppression, adverse trade
treaties, volcahic eruptions,
famine, disease and pestilence, to
maintain a high degree of culture,
virtue and inteligence.
Olíu framleiðsla í
Alberta
Prófessorar tveir við háskólann
í Alberta, Dr. E. H. Boomer og
Dr. A. K. Clark, hafa fundið ráð
til að vinna olíu úr tjörusandin-
um, sem ósköpin öll eru til af í
norðurhluta Alberta fylkis. Hafa
þegar evrið settar á stofn bráða-
byrgðavélar og verksmiðjur til að
n°t a judge nor a magistrate nor christmas, been tfrowned along
a legislator. He delivered no with severai companions. There-
judgments, nor could he punish'upon his widow, Thuridur, and
offenderá. He was merely the',hig eldest son> Kjartan, invited
living voice of the law, enumerat-
ing the rules and customs whioh
had come down from early times
and which all accepted and ob-
served. He was of course select-
ed from the most accomplished
lawyers of the time, and for his
services was paid an annual sal-
ary of 200 ells of vadmál (the
blue woolen cloth which served
as currency).
Þingvellir ***) where the Al-
several friends to the customary
funeral feast. As soon as the fire
was lighted in the banquet hall,
Thóroddur and his companions
entered, dripping wet, and took
took their seats. The guests wel-
comed them but the ghosts ac-
knowledged no greeting. They re-
mained in silence till the fire was
burnt out and then rose and left.
Next night they returned at the
same time and behaved in the
vinna létta olíu úr tjörusandin-
not only the centre of the political! um, en henni má auðveldlega
life of the Republic. It was, so | breyta í gasolíu, sem nota m&
to speak, the Republic itself, for fyrir bíla og aðrar slíkar vélar.
*)\ Njáls Saga. Supra.
1) Eyrbyggja Saga.
2> Gunnlaugs Saga Ormstunga.
3) Ari Frodi: Islendingabók.
**) Jón Jónsson: “fslenzkt Þjóð-
erni.” supra.
it was only at Althing that the
Republic became visible before
mens’ eyes or acted as a collective
whole. In this early Republic
there was no executive authority.
The only official was the Law
Speaker and his sole function was
to declare the law. There was no
police, no militia, no fleet, no
army. There was no foreign
policy. There was no public
revenue nor expenditure, no bud-
get nor public accounts. No taxes
werei levied by the Republic nor
were any expenses incurred.
It remains to examine the re-
sults and accomplishments of the
Althing. It may be said that this
early National Assembly was the
chief instrument in uniting into
a peaceful and orderly state a
large number of independent
warring clans. The leaders, real-
izing the need of acting as a col-
lective whole, succeeded in unit-
iiig the various factions and link-
ing up the petty moots into one
general assembly. It was an
earnest effort to better condi-
tions, to make life more agree-
able, and relations between the
people more harmonious. When
decisions were made at the A1
thing they were accepted by the
people as a whole, e. g. the intro-
duction of Christianity.
A great deal of credit must be
given to the Althing. It was thru
it that the people were brought
together in the first place; thru
at that they remained uniteú;
thru it that ideas, customs, sagas
and poetry were interohanged;
end finally, thru it that the Ice-
landii people were able through-
Eins og þegar er getið, er ógrynni
af þessum tjörusandi í norður-
hluta Alberta fylkis, og er hald-
ið, að vel geti svo farið, að áður
en langt líður verði þarna svo
mikil olíu framleiðsla, að nægi
fyrir alla Vestur-Canada. En
naumast mun þetta svo langt kom-
ið enn, að hægt sé að segja með
vissu hvað úr þvi kann að verða.
Hlutdrœgi maðurinn
Sjá, "klikkan” á sér auðvelt þing,
sem alt af snýst í sama hring;
þá hleður undir hópinn sinn
hlutdrægi maðurinn.
Hann þröngur er, sem öll hans ætt
og ekki hefir hrokinn bætt.
í slnum gáfum sér hann dýrð,
sem seint mun verða skírð.
í mið hlíðum hann magnar seið,
svo myrkur yfir fjöllin leið,
ef einhvern tind þar upp úr ber
hann ekki glóru sér.
A slarf hans margir minnast hér
og mæddir segja: "Því er ver”;
“Oss finst það bæði falskt og þurt,
því fer hann ekki burt?”
Hann einkis- metur almenning
og alt af snýst í sama hring,
með gæðinga, sem gylla má
—þó gott sé ekki að fá.
Og alþýðan vill ekki hann
því alþýðan þarf betri mann,
með hroka lausa sannleiks sál,
sem svæfi “klikku” mál.
J. S. frá Kaldbak.
thing met from 930 to 1800, is a same way. This continued not
slightly undulating plain, albout
five miles long by three wide. It
ir washed on the south by an at-
tractive island studded lake and'
girdled in at the north by lofty
Mountaijns. The entire surface
is of lava which has been depos-
ted over a period of centuries from
volcanic eruptions, sometimes
only while the feast lasted, but
even afterwards.
The servants became super-
stitious, refused to enter the hall,
and no cooking could be done.
Kjartan thereupon lit a seeond
fire, leaving the big one to the
ghosts. But bad luck followed the
visits of the ghosts, men died and
covered with brushwood or green the widow became ill. Kjartán
pastures and sometimes bare and
rugged. It is everywhere inter-
sccted by very deep chasms,
formed when the entire plain was
a molten mass. On the east and
west sides Thingvellir is hemmed
in by two lines of precipices,
whose rugged sides would in-
dicate that the intervening plain
has at some remote period, per-
haps when the lava flood was cool-
ing, sunk suddenly down, leaving
the walls to be the edges of the
plateau. At the western extremity
of these two walls, on the edge of
the lake and near the sparkling
*) cf. Njáls Saga which is to be
found in English translation un-
der the title of “The Saga of Burnt
Njál.”
**> Lit. Law Amending.
***) Collingwood and Stefánsson:
“The Saga Steads of Iceland.”
decided to seek the counsel of his
uncle Snorri, an eminent lawyer
and a leading Godi of Western
Iceland.
Upon Snorri’s advice Kjartan
and seven others with him went
to the hall door and upon the ar-
rival of the ghosts formally sum-
moned Thóroddur and 'his com-
panions for trespass and for caus-
ing men’s deaths. Then they
ramed a Door Court (iDyradómur)
and set forth the suits, follow-
ing the regular preceedings of a
Thing Court. Evidence was ad-
duced, witnesseh heard, verdicts
delivered, the cases summed up
and judgments rendered. When
the judgment word was given on
each individual ghost, each rose
and quitted the hall and was never
seen thereafter.
Ghosts have given a great deal
of trouble in many countries, but
as far as we know Iceland is the