169 “ take the oath, to condemn such as have deserved it, to « punishment, and not to incur the heavy responsibility of « suffering them to escape with impunity.” “ Of which « speech, the meaning undoubtedly is,” says Arnesen, “that “ error committed by the plaintiff in the preliminaries of the “ process, ought not to exempt a criminal from well deserved “ punishment.” Intricacy in the law of process lias sometimes been consi- dered as a matter of boast by the lawyers of a certain great nation. The laws of the republic of Iceland in the tenth cen- tury, may contend for the palm, if intricacy deserves one, with the laws of any other nation. An interesting* fact of this kind is recorded in the Nials Saga. Mohdk had lost a law- suit against Rut ; but Gunnar of Hlidarenda being a better champion than lawyer, wished to bring a new action against Rut, and consulted his friend Nial, an eminent lawyer, about how he was to proeeed. Nial knew that Rut was a great Jurisconsult, and thought it would be most satisfactory and secure, to obtain from Rut all the information he possessed; and for this purpose, he devised the following scheme: Gun- nar was to disguise himself, and pay a visit to Rut. Rut would, according to custom, enter into conversation with his guest, and ask him many questions relative to that part of the country from which Gunnar came. During this conversation, it was anticipated that Gunnar would find an opportunity to compliment Rut for his address and law-learning displayed in his defence against Mord. It was also supposed, that Rut would deride the ignorance of the adverse party whom he had defeated on the Althing. Thus Nial, with surprising sagacity, anticipates a conversation of some length between Rut and Gunnar, of which the following is a part : « Then Rutr will reply, ‘Do you not think he (Mordr) made “ an awkward figure, bringing an action, and yet nut being able “ to recover the money ?’ ‘ I can give thee a good reason for “ that, shalt thou say, ‘ thou didst challenge him to fight a duel, “ and he was an old man, and his friends dissuaded him from “ fighting against thee, and proceeded no further in the cause. « ‘ Indeed, 1 did as you say,’ will be Rut’s reply, ‘and foolish “ men thought the law was on my side ; but he might have

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