558 



THE OATH AND ORDEAL. 



Geirrid was accused at the Thing of being a kveldrida, 1 by 

 which she had caused some wounds on Gunnlaug. 



"At the Thing a godi named Arnkel, Thorarin, and ten 

 others took oath upon the altar-ring that she had not been the 

 cause of Gunnlaug's injury " (Eyrbyggja). 



The tylftareid was divided into two kinds, namely, a milder 

 oath with the so-called fa ngavitni, 2 and a stronger one called 

 nefndarvitni, 3 when each side chose six men from the haullds in 

 the herad, neither related to nor enemies of either party. Of 

 these twelve men defendant had to take two, and to add to 

 them two of his nearest kinsmen, making with himself five, 

 and the other seven were fangavitni chosen freely among the 

 free men, the rest having nothing to do with the case. If one 

 of the twelve men did not take the oath, then what is called 

 eidfttt (the one who fails in an oath) took place, and the whole 

 affair was considered to be at an end, and the defendant lost 

 the case. 



" Wherever a tylftareid shall be and witnesses are named, then 

 the plaintiff names one half of the witnesses, and the defendant 

 the other ; and each shall name as their witnesses when the 

 oath is taken twelve of the best haullds in the fylki, or the 

 best bcendr if haullds are not there. Neither foes nor friends 

 shall be named. He shall take two of the twelve as witnesses, 

 then two of his nearest kinsmen ; then they are five with him- 

 self, and the other seven shall be free men and full-grown, who 

 will be responsible for his words and oaths " (Frostath., iv. 8). 



" Tylftareid (oath of twelve men) has to take place in order 

 to free one from the accusation of murder " (Laudnaina, 89). 



Next came the oath given by six men, which was called 

 seitareid* which was taken when the five co-swearers were fanga- 

 vitni. If the oath was given with nefndarvitni the proceed- 

 ings were the same as in the case of the strong tylftareid. Each 

 side chose three haullds ; of these six the defendant chose one, 

 to whom he added one of his nearest kinsmen, then they were 

 three with himself, and the remaining three were fangavitni. 



1 Evening rider, night hag, witch, 

 riding on wolves in the twilight. 



2 Witnesses fetched at random when 

 defendant could choose his co-swearers. 



3 Witnesses called by a body of named 

 men. 



4 Settareid, an oath of six ; i.e., six 

 com pur gators. 



