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it+would+only+be+fair

  • 141 EIÐR

    (-s, -ar), m. oath; vinna, sverja eið, to take (swear) an oath; rjúfa eið, to break an oath; ganga til eiða, to proceed to the taking of oaths; eigi verðr einn eiðr alla, a single oath does not clear all men.
    * * *
    m. [Ulf. aiþs; A. S. að; Engl. oath; North. E. aith; Swed. ed; Dan. eed; Germ. eid]
    I. an oath; vinna eið, but also sverja eið, to take an oath, to swear, Glúm. 387, Nj. 36, Grág., Sdm. 23; ganga til eiða, to proceed to the taking an oath, Nj., Grág.; eiðar, orð ok særi, Vsp. 30; fullr e., a full, just oath, Grett. 161; rjúfa eið, to break an oath (eið-rofi); perjury is mein-særi, rarely mein-eiðr (Swed.-Dan. men-ed, Germ. mein-eid); eiðar úsærir, false, equivocal oaths, Sks. 358; hence the proverb, lítið skyldi í eiði úsært, with the notion that few oaths can bear a close scrutiny, Grett. 161; trúnaðar-e., hollustu-e., an oath of fealty, allegiance: cp. the curious passages in Sturl. i. 66 and iii. 2, 3; dýr eiðr, a solemn oath; sáluhjálpar-e., sverja dýran sáluhjálpar-eið, to swear an oath of salvation (i. e. as I wish to be saved). In the Norse law a man was discharged upon the joint oath of himself and a certain number of men (oath-helpers, compurgators, or oath-volunteers); oaths therefore are distinguished by the number of compurgators,—in grave cases of felony (treason etc.), tylptar-e., an oath of twelve; in slighter cases of felony, séttar-e., an oath of six, (in N. G. L. i. 56, ch. 133, ‘vj á hvára hönd’ is clearly a false reading instead of ‘iij,’ three on each side, cp. Jb. Þb. ch. 20); grímu-eiðr, a mask oath, a kind of séttar-e.; lýrittar-e., an oath of three; and lastly, ein-eiði or eins-eiði, an oath of one, admissible only in slight cases, e. g. a debt not above an ounce; whence the old law proverb, eigi verðr einn eiðr alla, a single oath is no evidence for all ( cases), Sighvat, Fms. iv. 375, v. l., Bjarn. 22, Nj. 13: other kinds of oaths, dular-e., an oath of denial; jafnaðar-e., an oath of equity, for a man in paying his fine had to take an oath that, if he were plaintiff himself, he would think the decision a fair one: vide N. G. L. i. 56, 254–256, 394, Jb. and Js. in many passages. In the Icel. law of the Commonwealth, oaths of compurgators are hardly mentioned, the kviðr or verdict of neighbours taking their place; the passage Glúm. ch. 24, 25 is almost unique and of an extraordinary character, cp. Sir Edmund Head’s remarks on these passages in his notes to the Saga, p. 119, cp. also Sturl. iii. 2; but after the union with Norway the Norse procedure was partly introduced into Icel.; yet the Js. ch. 49 tries to guard against the abuse of oaths of compurgators, which led men to swear to a fact they did not know. As to the Icel. Commonwealth, it is chiefly to be noticed that any one who had to perform a public duty (lög-skil) in court or parliament, as judge, pleader, neighbour, witness, etc., had to take an oath that he would perform his duty according to right and law (baug-eiðr ring-oath, bók-eiðr gospel-oath, lög-eiðr lawful-oath), the wording of which oath is preserved in Landn. (Mantissa) 335, cp. Þórð. S. (Ed. 1860) p. 94, Band. (MS.)
    COMPDS: eiðabrigði, eiðafullting, eiðakonur, eiðalið, eiðamál, eiðasekt, eiðatak.
    II. a pr. name, Landn.

    Íslensk-ensk orðabók > EIÐR

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