Slike strani
PDF
ePub

indeed the whole Constitution bore an aristocratic colour, though there was no such thing as a formal distinction of rank1, much less any titled nobility. After the introduction of Christianity in A.D. 1000, the two bishops were added to the Lögrétta, while at the head of all, making up the number of members to 147, stood an elected officer, called the Speaker of the Law.

This last-named personage, the solitary official of the republic, is one of the most curious parts of the system. He was called the Lögsögumaðr, literally 'Law-say-man,' or, as we may render it, Speaker, or Declarer, of the Law, and was the depositary and organ of the unwritten common law of the country. It was his duty to recite aloud, in the hearing of the greater number of those present at the ping, the whole law of Iceland, going through it in the three years during which he held office; and to recite once in every year the formulas of actions, this being the part of the law which was of most practical importance. Besides this, he presided in the Lögrétta, giving a casting vote where the votes were equal; and he was bound to answer every one who asked him what the provisions of the law actually were, although not required to advise applicants as to the course they ought to follow in a given case. When in any suit a question of what was the legal rule arose, reference was made to him, and his decision was accepted as final. For these labours he received a yearly salary of two hundred ells of Vaðmál (the blue

1 Although the penalty for killing a man of high lineage was heavier than that for an ordinary freeman; and one perceives from the Sagas how carefully genealogies were preserved and what great respect was paid to long descent.

woollen cloth which then served as currency, and which continued to do so, for some purposes, down to our own time), besides one-half of the fines imposed at the Alping. He was of course selected from the most accomplished lawyers of the time. His declarations of the law were conclusive, at least during his three years' term of office, in all causes and over all persons. Thus he exercised a kind of quasi-judicial or quasi-legislative power, and has been fancifully compared to the Roman Praetor, also an officer elected for a term, also by his edicts the declarer of the law he had to administer1. But the Law-Speaker was in reality neither judge nor magistrate, nor, indeed, a legislator, except in so far as the right to enounce and interpret borders on legislation. He delivered no judgements, he had no power of enforcing a decision or of punishing an offender. He did not even open the Alþing and take the responsibility for keeping order at it, for these functions belonged to the Goði of the district, called, because the Alping met within his jurisdiction, the Allsherjargoði (priest of the whole host). The Lögsögumaðr was in fact nothing but the living voice of the law, enunciating those customary rules which had come down from the foretime, rules which all accepted, though they were not preserved in any written form, and though they must have been practically unknown to the great majority of the citizens.

The office, although more important in Iceland from the absence of a king or local prince, was one of which we find traces among other Scandinavian peoples, or

1 Viva vox iuris civilis was the description which the Romans used to give of their Praetor, as to whom see Essay XIV, vol. ii. p. 274.

at least among the Norsemen. It appears in Norway, in the Orkneys, and in the Hebrides (though there the name is Lögman, which in Iceland means merely one learned in the law).

Thingvellir, where the Alping met from the year 930 down to a time within the memory of living men, is a spot not less remarkable physically than memorable for the stirring events of which it was the witness. It is a slightly undulating plain, some five miles long by three wide, washed on the south by a broad islandstudded lake, and girdled in at its northern end by lofty mountains, their black volcanic rocks streaked here and there with snow-beds. The surface is all of lava, sometimes bare and rugged, sometimes covered with thin brushwood, dwarf birches and willows, sometimes smoothing itself out into sweeps of emerald pasture, but everywhere intersected by profound chasms, formed when the whole was a molten mass. East and west it is hemmed in by two lines of precipices, whose rugged sides seem to show that the plain between them has, at some remote period, perhaps when the lava-flood was cooling, sunk suddenly down, leaving these walls to be the edges of the plateau which stretches away backwards to the east and west. Under the western of these two walls, on the margin of the lake, just where it receives the stream which has flung itself in a sparkling cascade over the precipice, the place of meeting was fixed. The chieftains, who came from every corner of the island with a following of armed companions and dependents, because broils were frequent, and armed strife might interrupt the progress of a lawsuit, built their boothserections of stone and turf roofed for the time with cloth or

canvas-along the banks of the Öxará river, and turned out their horses to pasture by the lake. Places were appointed for the holding of the several courts, while the Lögrétta or legislative committee sat on a spot which nature seemed to have herself designed for the purpose. Two of the extraordinary chasms by which the plain is seamed, each some eighty feet deep, and filled for the lower fifty feet by bright green water, enclose a narrow strip of lava some two hundred yards long, cutting it off, except at one point where there is a narrow entrance which three men might hold, from the surrounding land. The surface is nearly level, covered by short grass now browsed by a few sheep; and there is nothing to tell that in this space, in the full sight of the assembled multitude, the heroes of ancient Iceland spoke and voted their laws, and gave their verdicts; while from an eminence in the midst of the enclosure, still called the Lögberg, or Hill of Laws, the LawSpeaker recited the law of the nation in the sight and hearing of the multitude that stood on the further side of the chasms1. Not only so: there is all round nothing whatever to show that the place has ever been different from what it is now. Between the Lögberg and the lake stands the little wooden church and its humble parsonage. No other house is near, nor any sign of human life. Only the islet is still pointed out in the river where the solemn duels which the laws of Iceland

1 Since this was written, some eminent antiquaries, including my lamented friend Dr. Guðbrand Vigfússon, have argued that the true Lögberg is to be sought not in this spot which tradition indicates, but on the edge of the great lava rift called the Almannagjá to the west of the river. See The Saga Steads of Iceland, by W. G. Collingwood and Jón Stefánsson, 1899,

pp. 14-17.

recognized were fought, and the deep green swirling pool into which women condemned for witchcraft were hurled from the brink of the precipice. In most of the spots to which the traveller is drawn, by memories of constitutional freedom or of political struggles, his imagination is aided by the remains of the buildings where assemblies met or monarchs sat enthroned. Here man has left nothing to speak of his presence, and it is hard to realize, when one looks on this silent and desolate scene, that it was once filled by so much strenuous life, and so often resounded to the clash of

arms.

For the Alping was not merely an assembly for the dispatch of business: it was the great annual gathering of the whole nation, a gathering all the more needed in a land where there are no towns, and most men live miles away from their nearest neighbours. To it chieftains rode with their wives and daughters and a band of armed retainers from the furthest corners of the country, taking perhaps, as those must have done who came from the East fjords along the northern edge of the great central desert, a fortnight or more on the way. Shipmasters from Norway or Ireland brought their wares for sale. Artisans plied their trades. We are told that even jugglers' sheds and drinkingbooths were set up, and games of all kinds carried on. It was a great opportunity not only for the renewing of friendships between those who lived in distant parts of the country, but for the arranging of adoptions and marriages; and the Sagas mention numerous instances in which proposals were made or betrothals entered into at a meeting of the

« PrejšnjaNaprej »