Ultima Thule; or, A Summer in Iceland. vol. 1/2

The Skálds, or bards, who probably long retained their old paganism in new Christianity, distinguished themselves by word and deed in every northern court of Europe, and wandered as far as the Mediterranean shores. But the heart of the people was dying, and the national spirit had fled, never more to be revived. In A.D. 1024, the Althing bravely refused all connection with Norway. But, presently, the clergy, spiritually subject to foreign sees,—Bremen, Scania, and Throndhjem,—listened to the voice of the annexor, and thus traitors divided the island camp. They fostered jealousies between rival Udallers, whose implacable hatreds and blood-feuds converted the annals, like those of the Anglo-Saxons, into records of rapine and murder. The Althing shortly after A.D. 1004 had abolished the duello, a northern institution unknown to classic Greece and Rome; or rather, let us say, it abolished itself, when “trial by point and edge” had lost its old significancy as a formal and religious appeal to that God of Battles who defends the right. The Court of Justice took the place of the Hólm-gang; and at times it was silent in the presence of the sword and the firebrand, which, in riotous frays, spared neither sex nor age. But gradually it developed every form of chicanery and law-devilry, in whose dark labyrinths it is hard to see any improvement upon the “wild justice of revenge.” Its arts were jury-challenging; demurrers aided by the jealousy of the judges, whose duty was to catch a man tripping; the detection of flaws; attempts to split the court (að vèfingja dóminn) and cause non-suits; false witness, and the breaking of oaths those “sports of brave men and terrors of fools.” The law was made bankrupt by the tricks of irrelevancy and by-play, by the special pleading, by the quibbling, the bribery, and the corruption of the tribunals. When all failed, a petty massacre was sure to succeed; and as these proceedings arose from the captious litigiousness of the race, so they long maintained the grievous trammels and shackles of so-called legal principles.[137]

Thus in the middle of the thirteenth century, Hakon V., king of Norway (reg. A.D. 1217-1264), was able openly to treat for the surrender of Iceland liberty. After some three hundred years of Udallism, the heroic island passed into foreign dominion by a decree of the Althing under “Catillus,” or “Catullus” (Kettill), the last of the independent law-sayers or presidents. Modern Icelanders, copied by strangers, stoutly and patriotically maintain that the relation of the two countries was an alliance, a personal union, rather than a real union, or à priori a subjection. It is certain that treaties were formally exchanged; that the ancient laws and rights of property were secured; that free commerce was stipulated; that Icelanders were made eligible to hold office in Norway; and that any infringement of conditions dispensed with the incorporation. But the hard facts remain that a poll-tax, a tribute of sixteen ells of homespun cloth, was imposed, and that a viceroy was appointed to govern the island. Thus Liberty was palsied, and Independence gave place to the status pupillaris. To dispute upon this independent allegiance is only to debate a question of degree.

The eighth and last of the Crusades, movements which began in A.D. 1188-1190, and ended in A.D. 1260-1275, was the first preached in Iceland (Hist. Eccles., i. 571), and it partially aroused the islandry from their apathy and habitual law-contests. But the effects were transient, save upon individuals. The physical history of the thirteenth century is chiefly remarkable for the widespread ruin caused by its terrible eruptions and desolating earthquakes. Now began the epidemics and epizootics which, from A.D. 1306 to A.D. 1846, number 134—viz., seven in the fourteenth, six in the fifteenth, twelve in the sixteenth, twenty-eight in the seventeenth, and forty-one in the eighteenth centuries, with several during the present. An unreformed pagan would have believed that the wrath of the olden gods weighed heavy on the land.

The same may be said of the fourteenth century, which also witnessed the calamitous annexation to Denmark.[138] After the death of Knut (Canute) in A.D. 1035, Magnús ascended the throne of Norway, and native sovereigns ruled till A.D. 1319, when the male line became extinct with Hakon VII. The Diet enthroned his daughter’s infant son, Magnús Eiriksson, who, being already king of Sweden, had brought the Scandinavian peninsula and its dependencies under a single sceptre. But the union did not last. Magnús bestowed Norway upon his son Hákon, who was married to Margaret, sole daughter of Waldemar III., king of Denmark. The issue, Ólafr IV., succeeded to the throne of his grandfather in A.D. 1376, and to that of his father four years afterwards, thus incorporating Norway with Denmark. Dying a minor in A.D. 1387, he left both kingdoms to his mother, Margaret, by whose energetic rule the regency had been carried on, and she found no difficulty in setting aside the feeble pretensions of Albert of Mecklenburg. In A.D. 1397 the union or treaty of Calmar took place, and Iceland, which still maintained its modicum of independence, was once more transferred without opposition to the triple crown of Denmark, Norway, and Sweden. The conditions of the annexation to Norway (A.D. 1264) were tacitly consented to by the Danish rulers when they succeeded to Iceland by marriage and inheritance. Yet “the Semiramis of the north” began by the usual contempt of stipulations: she repaid submission by perpetuating a poll-tax of half-a-mark per head, and, worse still, by establishing a royal monopoly of trade. The latter, confined to vessels licensed by the Crown, nearly secured for Iceland the fate which befell the lost colonies of Greenland. From this period till A.D. 1814, Denmark and Norway remained united, each, however, governed by its own laws.

The fifteenth century was as disastrous as that which preceded it. The Digerdoed, or Black Death, the Plague of the Decameron, had raged with prodigious violence about A.D. 1348, and it was followed by a winter which, destroying nearly all the cattle, left a purely pastoral country permanently upon the verge of utter ruin. A second pestilence, the Svarti Dauði, or Black Death, visited the hapless island; whilst English and other pirates, plundering and burning on the main, fortified themselves in the Vestmannaeyjar archipelago, despoiled the churches and farms of the coast, held the franklins to ransom, and sold the poor into slavery. And at last, in the middle of the sixteenth century, came the crowning blow, the introduction of Lutheranism.

Catholicism had sat lightly upon the remote spot verging on the hyperborean seas. The papal tithe (Páfa tíund) and Peter’s Pence, imposed in A.D. 1305 by the king of Norway under pain of excommunication,[139] did not weigh heavy. At first the tax was one nagli (nail), or tenth of an ell, of Wadmal (Vað-mál) cloth, its equivalent being two fishes; and it never rose higher than ten ells of homespun per adult male. The sale of Indulgences, which accompanied the last and first crusade, was abolished in A.D. 1289. Celibacy of the clergy was introduced in Iceland by Thorlák Thorhallsson, who died in the quasi-odour of sanctity in 1193. After that date ecclesiastics were not formally married, but were not debarred from living with Frillur, or Fryllas, concubines, then generally called by the laity “holy women.” As in Charlemagne’s day, bigamy was not wholly unknown. A few took second wives, “non libidine, sed ob nobilitatem; but the fierce temper of the Húsfreya, or materfamilias, must have made the arrangement uncomfortable. Thus it is said[140] Snorri Sturluson in A.D. 1212 married the daughter of Deacon Loptsson, who had a harem of concubines, one the child of a bishop. Jón Geirriksson, the Dane, popularly written “John Jerechini,” bishop of Skálholt, in A.D. 1430, is also accused of being a buccaneer, a mere brigand, who could not write his name, which little drawback, however, did not prevent an attempt to canonise him after he was deservedly (?) lynched in A.D. 1433. Jón Arason, bishop of Hólar, is charged with keeping a mistress at the age of eighty.[141] But much of this may be sectarian exaggeration, and in after-ages Protestant authors would not inquire too curiously if, as often happens in the present day, the priest was married before he was ordained. And, although we are told that a frequent entry at Councils was “Quoniam Dominus A. Episcopus scribere nescit, ideo ejus loco subscripsit, B.C.”—which reminds us of many nobles and gentles who could “nocht write” in Scotland,—we must not forget that, in the thirteenth century, the Augustines attempted a vernacular translation of the Bible.[142]

Thus all the glow of faith and the fervid belief in the deifications of the family, in saints and martyrs raised above man’s estate by supererogatory piety and virtue, and in the living and breathing locum tenens of the first apostle, was darkened by a system of semi-rationalism, which allows reason too much or too little scope; which arrogates to itself the unreasonable right of saying “Thus far shalt thou go and no farther,” at the same time loudly professing its own fallibility; and which has succeeded fatally well in splitting the Church into a thousand fragments. A philosopher might have forecast the result from his study. Men unwilling to believe were relieved of a great load, and their energetic action was no match for the passive resistance of the many honest and pious souls who embraced the new form of faith. The Crown laid violent hands, as in England, upon the “Regalia Sancti Petri” (temporalities), which it transferred to its favourites; the religious houses were secularised, and the ecclesiastics had the choice either of banishment, or of conforming to what they held the teachings of a heresiarch.

Changes of religion seem to have been peculiarly unfortunate in Iceland. The seventeenth century saw absolute monarchism extend from Denmark under Frederick III. to her distant dependency. Encouraged by the apathy and indolence of the islanders, the foreign pirates, English and French, redoubled their exertions; even the Algerines made a successful raid. The seventeenth century showed the epidemic of superstition which distinguished the descendants of the Pilgrim Fathers; an ignorant and fanatical interpretation of Jewish history caused the torturing and burning of many a witch and wizard, who probably were often only natural media, and mesmerisers or odylic sensitives. The eighteenth century (A.D. 1707) began with the small-pox, which killed 16,000 to 18,000 of the 50,000 islanders. In A.D. 1759, rigorous winters brought on a famine equally fatal to man and beast; of the former some 10,000 perished. In 1762 about 280,000 sheep died, or were slaughtered. In A.D. 1788 took place that first eruption of the Skaptárjökull, which has been described as the most appalling and destructive since authentic history began.

About the beginning of the present century, Iceland, under physical evils, monopoly, and misrule, fell to its lowest point. Greatly to the displeasure of the lieges, the two sees were reduced to one; the same took place with the colleges, and finally the Althing was abolished (A.D. 1800). The war between Great Britain and Denmark would inevitably have caused actual starvation, but for a humane order in council,[143] through the interest of Sir Joseph Banks, permitting the island to be supplied with the necessaries of life. In A.D. 1843, brighter days dawned. After a disuse of nearly half a century, the Althing was re-established; but it was only a shadow of its former self—a body of representatives whom the Home Government deigned to consult. Still, it roused the people to take interest in their own affairs. Finally, the proclamation of a constitution for Denmark (1848) produced effects which now are being matured.

The benefits of free and popular rule were offered by the Danish Government to Iceland. But the offer was based upon the supposition, indignantly repudiated in the island, that she was subject to the Rigsdag;[144] and it was repeatedly refused, as falling short of the royal promise made in 1848. Hence arose the Radical party, whose extreme left, though disclaiming the idea of separation, is distinctly republican. The author has compared it with the Home Rule movement in Ireland, warning his readers, however, that there are salient points of difference; while the absence of social and religious complications is all in favour of the Scandinavian. The head of the party was and is the highly distinguished scholar Hr Jón Sigurðsson; there is none beside him, but “proximè accesserunt” Ex-Justice Benidikt Sveinsson, Professor Haldór Friðriksson, Rev. Eiríkr Kuld, and Jón Sigurðsson of Gautlönd, a farmer in the north. They complained that the king, whose rule at home was limited by the Chambers, remained absolute in Iceland; that the constitution did not place them on an equal footing with their fellow-subjects; that they were governed by men living in Copenhagen, who knew little of local requirements, and of a doctrinaire clique which has done abundant harm. They described paternal rule as equivalent to the rule of red tape; they distrusted the Danes even dona ferentes, and they declared that there is still “something rotten” in a certain state. It was, indeed, evident that the national Liberal party of Denmark, with the usual liberality of “Liberals,” aimed only at subjecting their Icelandic fellow-subjects.

In vain the ministers of Frederick VII. offered what appeared to the outer world the fairest terms—the establishment of an Upper and a Lower House, and a settlement of all claims by a perpetual allowance of $60,000 per annum.[145] The Home-Rulers “totted up” all that the Danes stole, such is the mild word used,[146] from chalice to landed estate, with interest, simple and compound, for the last three centuries. These pretensions exceeded those of the United States in the Alabama affair: everything was placed to the debit of Denmark, nothing to her credit. But Hr Sigurðsson, the opposition leader, sensibly said, “The money claims are the most awkward to the Liberals, and pressing them is the best lever when moving for self-government.” The Danes laughed at the idea of holding a constitutional country liable for the debts of absolute kings, contracted in A.D. 1550-1800, when Denmark herself was plundered, as well as Iceland, by irresponsible rulers. There was, however, this difference, that while Iceland was plundered to enrich Danes residing in Denmark, Denmark was plundered to enrich her own citizens. And Hr Sigurðsson was fated to win. Important events have happened since the author left the island. A public meeting, attended by delegates from every district, was held (June 26, 1873) at Thingvellir. Here it was resolved to use every effort either to end Danish rule in Iceland, or to obtain an extended constitution which should give the island a government of her own. Correspondents assured the writer that the movement passed off without undue excitement. “Hereditary bondsmen” know in those days that no physical blow need be struck, and that “every institution,” to use the words of a well-known separatist, “can be modified or destroyed by the weapon of agitation, under the guidance of popular opinion.”

At this preliminary to the opening of the Althing it was decided to send three delegates to Denmark, and to submit to the ministry a draft constitution, drawn up with the view of developing the island and its inhabitants. The two principal provisions were (1.) That Iceland should be connected with the home country by a “personal union only;” and (2.) That it should be governed by a Jarl, earl, or viceroy, with a minister or ministers responsible to the House of Representatives.

After the close of the meeting the Althing assembled at the usual place. Some of the more advanced kept, it is said, their seats when the usual cheers were given for the king; but no disloyal manifestation was made beyond rejecting almost all the bills brought in by the local government. The draft constitution was referred to a committee, which on July 28, 1873, reported in its favour, and added a resolution that the king should be requested to concede the following temporary arrangements as soon as possible, and not later than the next year:

1. That the Althing be at once invested with full legislative powers, and a new budget be submitted for its approval once in every two years, on the principle that no tax or impost shall be levied in Iceland for defraying expenditure incurred by the Danish Government.

2. That a special minister be appointed for Icelandic affairs, and that he be responsible to the Althing.

3. That this arrangement be valid for six years only, after which the entire constitution shall be laid before the Althing for its consideration.

On January 5th, 1874, after a struggle of thirty years, the new Icelandic constitution was signed by the king, and came into force on August 1st of the same year, the millenary festival commemorating the occupation of the Northmen. The original plan of the two houses has been carried out. The biennial Althing will consist of thirty members voted in by the people, and of six nominated by the Crown. The Upper House will contain the six royal nominees, and six others elected by the general body of the Althing from its members, duly returned by their constituencies; while the Lower House will number the remaining twenty-four. The vote is confirmed to officials, to ecclesiastics of every grade, to all university graduates, and even to students who sign themselves “Candidat” (B.A.). It is extended to citizens who lease farms, to those who pay a minimum of eight crowns a year in government taxes, and to the country people that contribute either cess or parish rates—evidently universal suffrage, excluding only women and minors, paupers and criminals. Every voter must be twenty-five years old, and of unblemished character; and he must have resided at least a twelvemonth in his electoral district. Any person who has a right to the franchise, who is thirty years of age, who has been domiciled in Iceland or Denmark for five years, and who is not in the employment of a foreign state, is qualified for election to the Althing. The session may not outlast six weeks without special royal assent, and provisions are made for extraordinary sessions.

The new constitution, which purports to regulate only home affairs, is a distinct improvement upon the old platform. The Secretary for Iceland is independent of the Danish Cabinet and Rigsdag, and becomes responsible to the king and to the Althing. This minister will be answerable for the maintenance of the constitution, and he will nominate for royal approval the chief local functionary. The governor’s functions will be determined by his majesty, and constitutional complaints against him will be investigated by the Crown. Thus the Althing will enjoy certain legislative rights, and have some control over the administration of its country. Finally, as Iceland has no representative in the Rigsdag, and as she has never taken part in the legislature, nor in the general government of the empire, she will not contribute to the home expenditure.[147]

But the power of passing laws is not granted absolutely; it is subject to royal confirmation. The relative position of the Secretary for Iceland to the people, represented by the Althing, remains to be defined. Even less satisfactory are the arrangements concerning the local governor; his power and duties are not settled, and the Althing will have no voice in settling them. Hitherto he has mostly acted as a mere channel of communication between the island and the Copenhagen Cabinet, and the new constitution does nothing to remedy this evil. On the contrary, the king makes a special reservation concerning the expenses of the “highest local government of the island,” meaning that the governor’s salary will be dependent upon the Crown, and will not be discussed by the Althing with the rest of the budget. Thus the ruler becomes wholly independent of the ruled, and dependent only on the Secretary for Iceland. Again, the nomination of six members by the king will have the effect, in case of disagreement between the Upper and Lower Houses, of enabling the royal commissioners to frustrate legislation simply by absenting themselves from the debates. This is perhaps the weakest point of the new constitution; it may be necessary in Denmark where the tone of the middle classes is distinctly democratic and republican, but it is looked upon and is protested against in aristocratic and conservative Iceland as an affront to their loyalty. And it can serve for nothing but to create an artificial opposition and to strengthen any minister or governor in anti-national or Danising measures. The provision that the governor may sit in the Althing and speak as often as he pleases, is distinctly unconstitutional; nor is the paragraph concerning the fixed contribution and the sinking contribution at all satisfactory.

The author ventures to predict, with due diffidence, that, however liberal this constitution may appear, it will not satisfy local requirements—it grants too much or it gives too little. The next demand will be for the governor to be invested with the full powers residing in the heads of British colonies, supported by a local ministry, the latter virtually independent of the Home Colonial Minister. Denmark is, perhaps, not yet sufficiently advanced in political education to grant the gift; yet the experiment is worth trying. If the demand be rejected, the persuasion that Iceland has never thriven since Icelanders lost their privilege of self-rule will steadily increase, and probably attain abnormal dimensions. A school of politics has now been opened to the people, and the new study will produce special students. Irrepressible malcontents, intransigentes, and irreconcilables, who have trodden the path of separation, are never easily brought back to the sleepy old highway of routine rule; and the constitution has provided them with many grievances, especially the doubts cast upon Icelandic loyalty and good faith. There are not a few European revolutionists who, urgent for the general derangement of affairs, will hardly disdain to “keep their hands in,” even so far north. An Icelander in England flatly contradicted the assertion that a republican or separatist feeling exists in Iceland.[148] The “great public meeting” of 1873 expressed the latter, and what could a separated Iceland be or become except a republic? Not only “subversive philanthropists” but well-meaning and patriotic men will find subjection to a foreign secretary and a foreign governor intolerable when they wish to manage themselves. The “little bill” will still be a strong lever for raising popular passions. In the days when Ireland continues to “write and speak of ‘98,” when Norway “strikes” as heavily as Great Britain, and when the Socialists breed troubles in Denmark where the International has been interdicted by the courts of justice, as a branch of the English society, the Icelandic Home Ruler is not likely to sit still—perhaps it is not desirable that he should.

Since the unhappy Dano-Prussian war we have heard little of Scandinavia in England, and we are apt to conclude that the Pan-Scandinavian idea is dead. It is not dead but sleeping; and while Pan-Slavism affects to slumber that it may gather vis and energy for decisive movements when the time for action comes, we still live in hopes of seeing a federal union of the great northern kingdoms, and to find Iceland taking her place as a minor but not an undistinguished member of the family. Scandinavian liberty, says Montesquieu, est la mère des libertés de l’Europe, and her free-born children have not lost and will never lose respect for the parent.

Note To Section III.

Since these lines were written, Christian IX., the first crowned head that ever sighted her shores, has visited Iceland upon the well-chosen occasion of her millenary festival. The courteous and parental bearing of the king has made its due impression. The lieges have taken a sensible view of the situation; they spoke in a conciliatory spirit, and satisfaction with the change from the former state of things seems to have been general. Even the anti-government party is thankful for what it has won, and hopes in course of time to win what it wants. “This is a good beginning,” said a prominent member, “and, since we have got legislative powers, it is our own fault if we cannot get more.”

The following statement was sent to me by Mr Jón A. Hjaltalín, who is responsible for his assertions. The paper thoroughly expresses the Icelanders’ view of their financial relations with the Danish Government:

SECTION IV.

POLITICAL GEOGRAPHY OF ICELAND.

Iceland extends from Portland, in N. lat. 63° 22´, to the North Cape, in N. lat. 66° 44´, covering 3° 22´ = 202 direct geographical miles of depth. The extreme longitudinal points are laid down between the north-eastern projection of Eskifjörð, in W. long. G. 13° 38´ (33´?), and the Point of Breiðavík, in 24° 40´ (36´?), or 11° 25´ of length, the degrees in this latitude being greatly reduced.[150] Thus the maximum depth would represent 186 geographical miles, which some writers increase to 190 and 192; and the length 308, which are again extended to 313. The circumference, measured from naze to naze, is variously given at 752 to 830 miles. The superficial area has also been variously calculated. Whilst Ólafsson gives 56,000 square geographical, and Egger 29,838 Danish, miles (15 = 1°), modern calculations have reduced it to 37,000, 37,388, and 40,000, the latter being generally assumed in round numbers.[151] Thus Iceland is about five times instead of double, as certain writers supposed, the size of Sicily (7700 sq. geog. miles); about one-sixth larger than Ireland (32,511); nearly equal to Portugal (37,900); approaching the state of New York (46,000); two-ninths the extent of Sweden, and one-fifth the size of France.

The parallel of N. lat. 65°, which, roughly speaking, bisects Iceland, would pass westwards through Southern Greenland, cross Davis Straits, Fox-land and Fox-channel; the northern apex of Southampton Island, the Back River, the Bear Lake, and entering Eskimo-land, formerly Russian America, would leave Norton Sound to the south, and Prince of Wales Cape a few miles to the north. Thence travelling over Behring’s Strait, it would enter Asia a little south of East Cape, cut the two Siberias, the Tobolsk River, the Urals, the White Sea, and the Bothnian Gulf, and issue from Europe about Vigten Island, somewhat north of mid-Norway. The antæcious oceans of the Old World contain no corresponding feature: the New Hemisphere shows immense uninhabited tracts—Graham’s Land, Enderby’s, Kemp’s, and the Antarctic continent, which are probably continuous; with, their outliers—South Shetlands, South Orkneys, and Sandwich Land.

The estimate of the habitable area was fixed at one-eighth by older writers.[152] It is now assumed, with Paijkull, at one-tenth (4000:40,000). Human life is confined to the larger islets, to the vicinity of the more important sub-maritime lakes, to the sheltered valleys and river courses, below the plateau, and to the false coast. The latter, eluvie mons deductus in æquor, is formed by the débris and alluvium of the mountain walls washed down by rains, torrents, débâcles, and glacier-exundations, and subsequently elevated by earthquakes, which are supposed to be still raising the southern coast.[153] According to Gunnlaugsson and Ólsen, one-third is green or agricultural; there is a similar proportion of Heiðiland; and the remainder is Úbygð (hod. Obygð) or desert—a chaos of sand-tracts and peat-swamps, lava-runs, and the huge masses of eternal congelation called Jökulls.[154]

The population was laid down by Barrow (1834) at 0·2 per whole area, and by Paijkull (1865) at 1·6: being now assumed at 70,000, it would be 1·75. Paijkull makes 6·2 head the average of habitable ground, and for the reclaimed tracts he gives 17·5. The latter figure exceeds the mean of Africa, which is 16 to the square mile (viz, 192,000,000 head to 11,556,000 square statute miles), and it is three times greater than in the whole Western Hemisphere.

§ 2. Divisions.

In early Norwegian days (A.D. 965) Iceland was distributed, like Ireland, into four quadrants, tetrads, or fourths (Fjórðungar), named after the points of the compass. These were—

Before A.D. 1770. one Amtmaðr governed the whole of Iceland; in that year it was divided into two Amts (rules), the north-eastern and the south-western. Thus the northern and the eastern quadrants, whose population was scanty, were placed for administrative purposes under a single Amt, the headquarters being at Fríðriksgáfa, of old Möðruvellir, near Akureyri, on the western shore of the Eyjafjörð. In 1787 the south-west Amt was divided into two, the southern and the western. In 1872 it was proposed to unite the western with the southern tetrarchy, and to transfer the amtship of Stykkishólm to Reykjavik, the capital. Thus there will again be only two Amts under the governor, and this simplification may act well.

The official title of the highest official was Stiptamtmaðr; in Danish, Stiftamtmand.[155] It has lately been changed, without, however, any other advantage of rank or pay, from High Bailiff to Governor-General (Landshöfðingi). Formerly the military and naval services had a preference, and titled names were not rare: at present the post is given to civilians.[156] The salary of this high official was $500 in 1772; it afterwards became $2000, and now it is $4000.

The four quarters were divided into Sýslur[157] (Dan. Syssel), which are ever changing. For instance, the Gullbróngu and Kjósar have lately been united, politically as well as ecclesiastically; the same has happened to Mýra Sýsla and Hnappadals, whilst the vacancies have been filled up by the Vestmannaeyjar. Under the twenty-one Sýslur, cantons or counties, prefectures or sheriffdoms, are the 169 Hrepps or poor-law districts,[158] which are not like our ecclesiastic divisions. We have preserved in England the word,e.g., Rape of Brambor.

The following is a list of Sýslur and Hreppar, taken from the official documents which show the movement of Iceland in 1868.[159]

The Suður-umdæmið, or southern jurisdiction, contains 7 Sýslur and 48 Hreppar, viz.:

The Vestur-umdæmið contains 6 Sýslur and 55 Hreppar, viz.:

The Norður og Austur Umdæmið contains 7 Sýslur and 66 Hreppar, viz.:

When the author visited Iceland (1872), the Bæarfógeti, or mayor of Reykjavik, was Amtmaðr for the southern quarter. Hr Christián Christiánsson ruled the north and east at Fríðriksgáfa, and Hr Bergur Thorberg, knight of the Dannebrog, had his headquarters at Stykkishólm on the western fourth. Now (1874), Hr Bergur Thorberg governs the southern and western quadrants, and Hr Christían Christiánsson, with the title of Justitsráð, the northern and the eastern. These officers are addressed as Hávelborni, and they receive the reports of the several Sýslumenn.

The Sýlumenn, or sheriffs, are the civil staff, the tax-gatherers and stewards as it were of the king; and appointed by the Crown. In order to obtain this office they must be graduates of the University of Copenhagen; they wear uniforms, a gold band round the cap, frock coats, waistcoats, and vests of blue broadcloth, with the royal button, and they may become ministers of state. They preside at the Hèraðthings[161] or annual county courts; they watch over the peace of their shrievalties; they officiate as public notaries; and they maintain the rights of inheritance. The Sýslumaðr in his judicial capacity, and chiefly when land-questions are to be determined, is occasionally assisted by four Meðdómsmenn (concessores judicii), who give suffrage and register proceedings; decisions are pronounced according to the vote of the majority.[162] He superintends elections. Formerly he could compel the lieges to repair the highways, and the law still obliges each landed proprietor to keep the rough fences upon his estate in good condition. A small sum called Vegabótargjald is also taken by the Sýslumaðr to pay for the necessary expenses of roads; unfortunately the corvée or robot of peasants has been abolished, and the means of transit are much neglected. A law compelling all sturdy vagrants and able-bodied paupers to work upon the highways is as much wanted in Iceland, as useful and productive employment for the hordes of soldiers who now compose the standing armies of Europe.

Under the Sýslumenn and appointed by the Amtmenn are the Hreppstjórar or Hreppstjórnarmenn, bailiffs and poor-inspectors with parochial jurisdiction. It is hardly to be doubted that the division into Rapes existed in heathen days, and Dr Konrad Maurer believes that they had organised poor laws and rules for vagrancy which the Christian bishops afterwards amended and expanded. In these days the Rape-stewards assist their civil and ecclesiastical superiors to manage the business of the Rape, to preserve public order, and to estimate cessable property according to the ancient custom of the island. They fix the poor-rate for each land-holder, and they especially attend to the condition and maintenance of paupers (Úmagar), who are no longer subject to the pains and penalties of that ancient code the Grágás (grey or wild goose).[163] Where the parish exceeds 400 souls, these minor officials usually number two to five. They are substantial yeomen who wear no distinctive dress. They and their children are exempt from taxation, and this is their only salary. The functions of the Amtmenn, Sýslumenn, and of the Hreppstjórar especially, will be greatly modified when the law of May 4th, 1872, comes into operation during the present year. A standing Hreppsnefnd, or a committee of three, five, or seven, is to be elected in each Hreppr. This body is to have charge of the poor, the sanitary conditions, and the general business of the Hreppr, including the repair of roads. It is also to levy the poor-rates and other cesses of the Hreppr. The Hreppstjórar will be retained, but their functions are not defined. A Sýslunefnd is also to be elected in each Sýsla, consisting of six to ten members; and the Sýslumaðr is ex officio a convener or foreman of this committee. It is to have charge of the roads, to manage the general business of the Sýsla, and to exercise supervision over the Hreppsnefndir. Thirdly, Amtsrað, Amt-Councils, consisting of the Amtmaðr and two elected members, will audit and control all the accounts of the Amt; will act as trustees of all public institutions and public legacies, and will have supervision over the Hreppsnefndir and Sýslunefndir.

§ 3. Judicial Procedure.

It is well known that trial by jury, the bulwark of Englishmen’s rights, though fathered by English legal antiquaries upon King Alfred, is a purely Scandinavian institution. According to the Landnámabók (II., ix., note, p. 83), the Kviðr plays a considerable part in the republican history; and the form of trial like our juries de vicineto appears in the thirteenth century. As Mr Vigfússon remarks (Cleasby, sub voce Kviðr): “From the analogy of the Icelandic customs, it can be inferred with certainty that, along with the invasion of Danes and Norsemen, the judgment by verdict was also transplanted to English ground, for the settlers of England were kith and kin to those of Iceland, carrying with them the same laws and customs; lastly, after the Conquest, it became the law of the land. This old Scandinavian institution gradually died out in the mother countries[164] and ended in Iceland, A.D. 1271-1281, with the fall of the Commonwealth and the introduction of a Norse code of laws, whereas it was naturalised in England, which came to be the classical land of trial by jury.”

Modern Iceland utterly ignores it, but, as in the United States, all freemen are familiar with judicial procedures, and public opinion, not to speak of the press, is a sufficient safeguard for a small community.

In criminal cases the Crown prosecutes, and the king must ratify capital sentences. Like the Cives of Rome, and very unlike the subjects of civilised Europe, Icelanders are not confined before trial, there being no houses of detention; but a criminal is kept either by the sheriff or the hreppstjóri, who is responsible for his being brought to judgment at an order from the court. By way of checking the litigiousness of the lieges, a regular system of arbitration is in force. The parish priest ex officio and one of his parishioners are the Forlíkunarmenn (reconciliators), and act as umpires; and a previous investigation of causes often quashes them.

It is only in administrative cases, e.g., about paupers, etc., that there is an appeal from the decisions of the sheriff to the Amtmaðr. From the Sýslumaðr’s court civil causes go for cassation directly to the Supreme Court (Konunglegi-Landsyfirrettur) of Reykjavik, which was instituted in A.D. 1800, when the Althing, which then had judicial as well as legislative and administrative functions, was abolished. The Royal Court consists of a Chief Justice (Justiciarius) and two assessors; the governor presides, but takes no part in the judicial proceedings. All three votes are equal, and the majority decides, thus making the judge and assessors jury as well as judges. The actual dignitaries are Hr Thórður Jonasson, Hr Jón Pétursen, and Hr Magnús Stephensen; the salaries are, $2816, $2016, and $1416. There are also two procurators (the English barrister and the Scotch advocate), Hr Páll Melsted and Hr Jón Guðmundsson, who edits the leading newspaper. Hr P. Guðjónsson, the church organist, is not a procurator although he occasionally conducts cases before the superior court.

At this Royal High Court of Judgment the evidence and pleadings of both parties are heard, and the Justiciarius, after taking the opinions of his assessors, pronounces his decision. For cassation, causes must then go to the Chancellerie, or Supreme Court of Judicature at Copenhagen.

SECTION V.

ANTHROPOLOGY.

In A.D. 1770 Uno Von Troil (p. 25) estimated the population at 60,000 souls, or about 10,000 more than sixty years after the Norwegian colonisation. In 1783 the total fell to 47,287, and in 1786 to 38,142 (Preyer and Zirkel, p. 483). Since the beginning of the present century we have exact and minute computations:

Statistisk Tabel-Værk.

Skýrslur.

The following table (Skýrslur um landshagi á Íslandi, v. 310, 1872) shows the increase of population during the present century down to 1870:

The average rate of increase during the last century was very small: between A.D. 1703 and 1758 it was about one-fifth of 1 per cent. During the present age there has been, we observe, a tolerably regular progress with only three exceptions (A.D. 1835-40, A.D. 1845-50, and A.D. 1860-70). During this decade (1860-70) there has been a considerable failure, 4·14 per cent., or only 2·05 for each lustrum. In 1872, as will be seen, the number of males was 33,102; of females, 36,660. But throughout Iceland the fluctuations have ever been so great as to reduce the value of “general considerations.”

The following tables are compiled from the minute returns made to the Danish Government, and published in vols. i.-vi· of 1852-61, of the Meddelser fra det Statistishe Bureau, Copenhagen.

No. 1.—Table showing the Population of Iceland and its Distribution on the 1st February 1850, and on the 1st October 1855.

{*} Separated on Ólsen’s map.

{**} Apparently combined with Rángárvalla Sýsla on Ólsens map.

{***} Sub-divided into north and west by P. and Z., p. 480; Mck., p. 281.