Chapter VIII: Section IV: Political Geography of Iceland

§ 1. GENERAL CONSIDERATIONS.

Iceland, we have seen, is the largest island in the North Atlantic, and one of the most considerable known to the Old World. Lying 130 direct geographical miles east of Greenland, 500 north-west of Scotland, and 850 west of Norway; distant 1000 miles from Liverpool, 1300 from Copenhagen, and 3000 from Boston, it is claimed as an Eastern dependency of the American continent which the Icelander first colonised. It has also been called a “singular fragment of Scandinavian Europe.” Yet, geographically considered, it belongs neither to the Old nor to the New Hemisphere; it is a little continent of itself.

Formerly a considerable part of the island was made to enter the Polar circle, which, in some maps, passed through the northern third. On the other hand, the eastern coast was curtailed of its due proportions, being thrown too far west even in charts still used. Hooker, for instance, makes the longitude range from 10° to 12° west of Greenwich,--an extreme error of some two to three degrees.

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--

Austfirðinga-fjórðungr, Eastern Quarter. Vestfirðinga- ” Western “ Norðlendinga- ” Northern “ Sunnlendinga- ” Southern “

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.:

1. Austur-Skaptafells Sysla, } with 7 Hreppar. 2. Vestur-Skaptafells ” } 3. Vestmannaeyjar ” ” 1 “ 4. Rángárvalla ” ” 8 “ 5. Árnes (not Arness) ” ” 13 “ 6. Gullbríngu and Kjósar” ” 9 “ 7. Reykjavik ” ” 1 “ 8. Borgarfjarðar ” ” 9 “

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

1. Mýra and Hnappadals Sýslur, with 10 Hreppar. 2. Snæfellsnes(not Snoefells) Sysla, ” 7 “ 3. Dala ” 8 “ 4. Barðastrandar ” 10 “ 5. Ísafjarðar ” 14 “ 6. Stranda ” 6 “

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

1. Húnavatns Sýsla, with 12 Hreppar. 2. Skagafjarðar ” ” 12 “ 3. Eyjafjarðar(Grimsey, etc.), ” ” 10 “ 4. Suður-Thingeyjar “} ” 12 “ 5. Norður-Thingeyjar “} 6. Norður-Múla[160] ” ” 10 “ 7. Suður-Múla ” ” 10 “

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.