Hrafnkel Trial Paper
Professor Patrick Wen
Scandinavian 50
22 January 2014
Hrafnkel’s Saga – Not Guilty
Hrafnkel, in the eponymous Hrafnkel’s Saga, by modern standards would certainly be considered a ruthless murderer. However, it is necessary to take into consideration the time period and culture of this historic Scandinavian saga. The entirety of the Icelandic population was illiterate and as such the justice system established in 10th century Iceland was based mostly on a system of honor and violence. The laws of Iceland were not actually written down, but rather kept alive verbally. An oral oath was considered to be a legally binding contract. This system was a weak attempt at avoiding bloody feuds and altercations among the common people, amidst a governing system of honor and trust. Hrafnkel, the protagonist of Hrafnkel’s Saga, demonstrated this skewed justice system by asserting himself as a Chieftain and bringing wrath upon his enemies or anybody who crossed his word. Thus, when Einar broke his oral agreement with Hrafnkel, Einar essentially broke a legally binding contract and was consequently subject to the full penalty of their agreement. Therefore, Hrafnkel, who agreed to kill anybody who rode his beloved horse, Freyfaxi, was then not guilty in committing murder as he was not breaking any Icelandic laws and was simply committing to his contract with Einar. Hrafnkel’s murder of Einar was justified in a myriad of ways. Upon hiring Einar to be his sheepherder, Hrafnkel explicitly told him that he could ride any horse he pleased, but Freyfaxi:
“But I must warn you against one thing: I want you never to ride this horse, however urgent the need may seem to you, for I’ve sworn an oath to kill anyone who rides him.” (40)
In the era to which Hrafnkel lived, there were no such things as laws, government, policemen, or jails. People’s word was the law and when a verbal contract was broken, it was like breaking the law in a modern sense. Einar, clearly acknowledging
Scandinavian 50
22 January 2014
Hrafnkel’s Saga – Not Guilty
Hrafnkel, in the eponymous Hrafnkel’s Saga, by modern standards would certainly be considered a ruthless murderer. However, it is necessary to take into consideration the time period and culture of this historic Scandinavian saga. The entirety of the Icelandic population was illiterate and as such the justice system established in 10th century Iceland was based mostly on a system of honor and violence. The laws of Iceland were not actually written down, but rather kept alive verbally. An oral oath was considered to be a legally binding contract. This system was a weak attempt at avoiding bloody feuds and altercations among the common people, amidst a governing system of honor and trust. Hrafnkel, the protagonist of Hrafnkel’s Saga, demonstrated this skewed justice system by asserting himself as a Chieftain and bringing wrath upon his enemies or anybody who crossed his word. Thus, when Einar broke his oral agreement with Hrafnkel, Einar essentially broke a legally binding contract and was consequently subject to the full penalty of their agreement. Therefore, Hrafnkel, who agreed to kill anybody who rode his beloved horse, Freyfaxi, was then not guilty in committing murder as he was not breaking any Icelandic laws and was simply committing to his contract with Einar. Hrafnkel’s murder of Einar was justified in a myriad of ways. Upon hiring Einar to be his sheepherder, Hrafnkel explicitly told him that he could ride any horse he pleased, but Freyfaxi:
“But I must warn you against one thing: I want you never to ride this horse, however urgent the need may seem to you, for I’ve sworn an oath to kill anyone who rides him.” (40)
In the era to which Hrafnkel lived, there were no such things as laws, government, policemen, or jails. People’s word was the law and when a verbal contract was broken, it was like breaking the law in a modern sense. Einar, clearly acknowledging