The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nationsDu Chaillu, Paul B. (Paul Belloni)
History
The Viking Age. Volume 2 (of 2): The early history, manners, and customs of the ancestors of the English-speaking nations
_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).
“If a man commits hand-robbery on another, and he proves it by
witnesses, then the robber is liable to pay 3 marks. If the robber runs
away with the thing (robbed), and the owner runs after him and slays
him, then he falls as an outlaw” (Gulath., 143).
The value of the stolen thing was appraised, and if it was worth an
_örtug_, or more, then the thief was to be outlawed and slain, for he
had forfeited his life.
If a man stole something of less value than an _örtug_, he was a _torf
man_,[179] and was made to run the gauntlet while those present threw at
him whatever they had handy; if he got away alive he was thereafter
without rétt.
“If a man steals on trading-journeys he makes himself a _götu-thjóf_
(gauntlet-thief). His head shall be shaved and tarred, and (eider) down
be taken and put on it. Then all the crew shall make a road for him and
stand on both sides, and he shall run to the wood if he can. Every one
present shall throw a stone or a stick after him, and whoever does not
throw is liable to pay 9 _örtugar_”[180] (Bjarkey Law, 146).
If the stealing of the very smallest thing occurred, even of less value
than a _thveit_, the theft was called _hvinnska_ (pilfering), and the
thief was ever thereafter called _hvinn_ (pilferer), and had no rétt.
Public-domain text, read in full here on John Shaqi.
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