Gulathingslov
The gulating is considered the oldest existing collection of laws of Norway .
Historical place of assembly and validity area of the gulathing
The exact place where the gulathing took place is not known, but it was within what is now Gulen municipality on the Gulafjord, a small fjord just south of the Sognefjord. It is believed that the thing was first held in "Eivindvik", later a few kilometers east in "Flolid".
The Gulathing was a thing association to which, according to the Gulathingslov, the Hordafylke, the Rygjafylke, the Firdafylke, the Sygnafylke, the Egdafylke and the Bonden von Sunnmøre belonged. Under Magnus lagabætir (1238–1280) Valdres og Hallingdal and Setesdal were added.
In 1274, King Magnus Lagabætir had his large body of laws passed by the Allthing, which replaced the Gulathingslov as a collection of laws, while the Gulathing was retained as a regular tribal meeting and arbitration event based on the new laws.
Shortly before 1300 the gulathing was moved to Bergen. In 1604, under Christian IV, gulathing in the law was also terminology for "Bergen Lagting ". In 1797 it was finally abolished entirely.
Origin and tradition
The Icelandic tradition assumes that shortly before 930 the wise Úlfjótur was sent to Norway to study the law on the Thingordnung from there. After three years he had returned with a detailed collection of laws with adjustments to the conditions in Iceland and thus became Iceland's first law spokesman. This presupposes a well-developed legal tradition in Norway at that time.
In the Egils saga , the dish of gulathing at the time of Erich Blutaxt is briefly described:
“En þar er dómurinn var settur, var totalur sléttur og settar niður heslistengur í völlinn í hring, en lögð um utan snæri umhverfis; voru það kölluð vébönd. En fyrir innan í hringinum sátu dómendur, tólf úr Firðafylki og tólf úr Sygnafylki, tólf úr Hörðafylki; þær þrennar tylftir manna skyldu þar dæma um mál manna. Arinbjörn réð því, hverjir dómendur voru úr Firðafylki, en Þórður af Aurlandi, hverjir úr Sogni voru; voru þeir allir eins liðs. "
“There was a level surface in the place of the court, and hazel sticks were set around the field. But a cord was drawn around in a circle. This was called the court barriers. Within the circle sat the judges, twelve from Firðir and twelve from Sogn, and twelve from the Hörðaland district. These three dozen men were supposed to settle the case there. Arinbjörn had chosen the judges from Firðir and Þorður from Aurland those from Sogn. All formed a party. "
Some rules of Norwegian gulathing go back to the time before Harald Hårfagre (approx. 852–933). In the later tradition, the completed, complete legal book was attributed to Olav the Saint (995-1030). Even Snorri thinks in the 13th century, the law already written. Gulathingslov lists the ecclesiastical feast days that Olav the Saint and his bishop Grimkell, whom he had brought from England , are said to have set on the thing of Mostar (around 1024). This includes his own feast day on July 29th. The different arrangement of the material in the Gulathingslov and the Frostathingslov exclude a written fixation at this early period.
Dating of the first writing
The first written fixation is applied differently in science.
- Konrad Maurer (1872) put the first written records at the beginning of the 12th century or the end of the 11th century . He derived this from the detailed regulations against pagan practices, which do not yet make a general implementation of Christianity probable, and from regulations that suggest a very small number of priests. He also said that the Olav quoted in the legal book was not Olav the saint, but Olav Kyrre (second half of the 11th century), as he had started to reorganize the relationship between state and church.
- Ebbe Hertzberg (1905) dates the first section of Christian law to the time of Olav Kyrre. He bases this on the fact that the Halvard Mass is called a holiday and Halvard was only recognized as a saint from 1050. Then tithe regulations are included. According to the sagas, tithe was only introduced by Sigurd Jarsalfari after his return from the crusade in 1111. The inclusion of the tithing regulation in the text must have been made later, probably under Magnus Erlingsson (1156–1184). Thirdly, the text assumes permanent bishops' seats, which were only established under Olav Kyrre (see History of Norway from Harald Hårfagre to the unification of the empire # Christianization ).
- Knut Robberstad (1971) assumes that Christian law was written down before the second half of the 11th century . He attributes the writing to the great influence of the Anglo-Saxon missionaries. He points out that the first Anglo-Saxon Christian king Æthelberht I (around 552–616) created a Christian law five years after his baptism (which took place either in 597 or 601). Robberstad brings this together with the bishops' organization before Olav Kyrre.
- Magnus Rindal (1994) and Viðar Sigurðson (1999) reject all these considerations as inadequate for the unanimous testimony of all sources, from the monk Theodoricus in his story of the kings of Norway from 1180 to the saga Håkon Håkonsson of 1265 that Olav der Heilige had the first version of Christian law on Mostrathing ( 1024 ) recorded, seriously questioning it.
- Tore Iversen (2001) puts the earliest versions at the beginning of the 12th century and relies on the sporadic old meaning of the noun proper , which initially referred to the royal leasehold , later private property itself.
- Knut Helle (2001) assumes that the law was established at the time of Olav the Holy, but without writing it down. It is a typically spoken text. He also believes that the first writing under Olav Kyrre was in the course of his church-friendly policy, certainly not after 1117 , when the Icelandic laws were written. In addition to the great similarities of the various district laws with regard to Christian law, Helle and Taranger also found a close relationship to the Anglo-Saxon legal books of the 10th and 11th centuries, which they attributed to the fact that the first bishop in Norway Grimkell, the Olav the saint brought with him came from England. The special treatment of Christian law in the first chapter is typical of the legislation according to Æthelstan (925–939), but has no parallels in the Germanic legal tradition of this time. In addition, there are particular parallels in content to regulations under King Edgar (959–975), e.g. B. that Sunday begins on Saturday lunchtime, or that the priests are obliged to inform the parishioners about fasting and feast days.
- For reasons of book history, Mortensen (2006) again argues in favor of the 12th century in his latest work and states that it was only at this time that native-speaker texts in Scandinavia, due to metal-language preparatory work on phonetics and grammar, which were only written at the beginning of the 12th century, likely can be made.
In the case of a number of regulations, both the version by Olav and the version by Magnus Erlingsson are recorded in the traditional version . This version is called Codex Ranzowianus and is printed in Norges gamle Love . It must have been created after 1163 in any case, as it contains the regulation of the succession to the throne, which basically only declares the eldest legitimate son of a king to be entitled to the throne, which was only achieved through the negotiations between Erling Skakke and Archbishop Øystein on the occasion of Magnus Erlingsson's coronation in late summer Came into law in 1163.
Content
General
The Gulathingslov is not a law in today's sense, but a record of the orally presented old law. Written documents did not have priority over witnesses in terms of evidential value, and so the written legal record did not have priority over the law. The . # 314 ends with the following clarification:
“ We have now put the order of our national defense in writing, and we do not know whether that is right or wrong. And if it is incorrect, we should adhere to the legal provisions about our military duties, as they used to be and Atli presented them to the men in Gule, except that the king wants to give us something else and we can all agree on it . "
This remark not only proves the subordinate nature of the written record, but also that the king at that time did not yet have sole legislative power, but that he was dependent on the approval of the Thing Assembly. But it was inevitable that the authority of the unchanging, written text would gradually increase at the expense of the oral presentation.
The lack of binding force also allowed insertions and changes that can even lead to contradictions. A system that can be roughly determined is also not maintained.
The law is divided into 11 books, but the regulations are simply numbered from 1 to 320.
- Christian Law
- purchase
- Land lease
- Inheritance law
- Thingrecht
- Male holiness (criminal law on acts against the person)
- theft
- Claim to return of the Odal
- Defense order
- Penalty calculation
- Atonement formula
Special regulations
Under this heading, individual regulations are cited that are of particular interest because they provide information that is interesting from a legal or cultural point of view or because they had political significance in other contexts.
“ That is now the next thing that he should be king in Norway who is a legitimate son of the king of Norway, unless he is obsessed with malice or stupidity. "
This is the rule on which the assumption is based that the record did not have to be made until after 1163. See above.
"Olgerð hafum ver enn heiti at gera boande oc huspreyia iamvæge sitt. oc signa þatt nott hina helgu til Krist þacca. oc sancta Mariu. til árs. oc til friðar. En ef Eigi er svar gort. þa scal böta firi þat. morcom .iij. biscope. En ef hann sitr sva vetr .iij. at han helldr eigi olgerðum upp. oc verðr hann at þvi kunnr oc sannr. … Þa hever hann firi gort hverjum penningi fear sins. þat a halft konungr várr. en halft biscop. En han a kost at ganga til skrifta oc böta við Krist. oc vera i Norege. En ef hann vill þat eigi þa scal hann fara or landeign konongs várs. "
“We have ordered that a beer drink is to be provided, an equal measure of the Bonde and the housewife, and that this is to be consecrated to Christ and Saint Mary on Holy Night as thanks for a good year and peace. And if this is not done, then you should pay the bishop 3 marks for it. But if someone behaves during three winters in such a way that he does not keep the annual beer drink, and this is known and proven, ... he has forfeited every penny of his property. Half of it goes to the king and the other half to the bishop. But he does have the opportunity to go to confession and atone before Christ and stay in Norway. But if he does not want that, then he should drive out of the domain of our king ["Landeign konungs"] . "
This regulation is of twofold interest: On the one hand, the Jul beer is found here as a Christian adaptation of a pagan custom (drinking a beer together is often prescribed in other places). On the other hand, there is the expression land ownership for the king's sphere of influence, who was apparently viewed as a kind of direct upper owner over the entire country.
“ And we have agreed with our bishop that he should render us the spiritual service, but we should acquire it in such a way that we fully tithe both from the harvest and from the growth of cattle, fishing and other things Give acquisition. And the tithe should be divided in such a way that the bishop receives a quarter, the poor a quarter, the church a quarter and the priest a quarter ... "
This provision, which is ascribed to Magnus in the heading, can only have been inserted after 1111 under Sigurd Jorsalafari . The division can also be found in the Decretum Gratiani (around 1140). The wording suggests that the tithe was apparently not agreed with the archbishop for the whole country, but was initially only introduced in the vicinity of Bergen and was then expanded.
“ And we arranged it with our bishop that he should give us the ministry. And we should buy it from him for one location for 40 noses each within our legal area. "
This regulation is attributed to Olav in the heading and is obviously older. The term nose for person is common in the legal language of that time and has been used in the colloquial expression per nose to this day .
“ Now the next thing is that the bishop should dispose of the churches, as Olav the Saint conceded to Bishop Grimkell on the Thing at Mostra and how we later agreed on it. Our bishop should now appoint priests to all churches who he knows are capable of rendering proper spiritual services to the people. And we are to provide the priest with maintenance ... "
In contrast to Frostathingslov, there is no longer any trace of a previous patronage right of the private church lord.
“ Here King Magnus introduced indissoluble peacelessness, where King Olav had set a fine of three marks: If a man abandons his child, baptized or unbaptized, and lets it perish, and this is known and proven, he has forfeited property and peace . And we call it the great murder. "
The ban on child abandonment has only gradually taken hold. The following are the case of a servant's suspension, questions of evidence, and other problems with pagans.
“ A man should only have one self-wife. "
“ That is the next thing that we should not be guided by prophecies, spells and evil arts. And if that is known and proven by one, then he is peaceable and loses the protection of the law, he should pay 40 marks, half to the king, the other to the bishop. "
“ When the bishop goes into the country from his ship to consecrate a church or to do some other official service ... the bonds are supposed to provide him with 18 traveling horses and 30, when he comes, to consecrate a main church. "
" Now one should keep all purchases made with a handshake in such a way that when men who are authorized to conduct such transactions conclude such contracts with one another, witnesses know about it, unless a man is selling something that does not belong to him or it would be dishonest. "
In no. 56 which is limited legal capacity of women controlled.
In no. 70 which is assuming delay in service contracts regulated.
Regarding welfare for the poor , No. 130 stipulates that the family must initially be dependent on the child . Then, when a poor man comes to a farm, it is further determined:
“ The farmer can do one of the two: he let him go back his way or he brings him to the thing. Then the Thing people may decide where to take him. But if he sends him back the same way, the poor man is supposed to go to the same overnight accommodation as on the way here, and whoever does not take him in, pays three Øre fine. Anyone who does not accept him is responsible for a fine of three marks if he dies due to homelessness. "
In no. 223 which are approved means of payment for the payment of a fine set. See means of payment .
In Chapter 8 which are legal relationships on Odals -Land regulated: the right of first refusal Odals comrades, the inheritance of women in the country Odals, Limited sale with right of repurchase and sale under indefinite reservation of the buyback.
“ The king is allowed to mobilize and has the ban on calling out on our exit. We must not deny him the state contingent ["Leidang"] to the ends of the land if he uses it for his needs and for our benefit. All men should do it with equal obligation, as the king has imposed on us. "
This is followed by regulations on the calculation of the men to be employed and which persons are not taken into account (e.g. clergy). Among other things, it says:
“ The trade fair priest has no army duty, not even his wife and chaplain. "
It is regulated below that the king determines the skipper, how the ship's cook is appointed and that a twenty oarsman is not clear to sea if five or more rowing positions are unoccupied. If it is not possible to occupy them, then the men should be offered to other ships. If they cannot take them over, then they should shorten their ship, but not under a thirteen oarsman. If that is not enough, the men are to be redistributed on a new thing.
The following is stipulated for arming in the regulation on the roll call:
“ Whenever a weapon thang is to be held, the administrator or liegeman should announce it in autumn and hold it in spring. All free men of legal age must go to it, or each of them is offenses with three Øre. The men are supposed to show their weapons, as required by law. The man is said to have a broad ax or sword, a spear and a shield over which at least three iron bands are laid across and the handle is nailed with iron nails. Each weapon has a penalty of three Øre [if it is missing] . In addition, the bonds should provide two dozen arrows and a bow for each rowing place. For each missing arrow they should pay one Øre and three for the bow. "
See also
- Frostathingslov
- Grágás
- Germanic tribal rights
- the Franconian capitularies
- the pseudoisidor , the most influential falsification of the law of the Middle Ages, built around the forged early medieval capitularies Benedictus Levita, in which various Germanic customary rights, especially with regard to severe physical punishment up to the death penalty, are presented by Levita as genuinely Roman-Christian criminal law
Footnotes
- ↑ The word "Bonde" is often translated as "Bauer" or "Freibauer". But that doesn't really hit the facts. Because the word farmer has a different connotation in German. The main characteristic that distinguishes him from the farmer is his political function. He is part of a regional political network that is updated at the Thing Assembly and that operates a policy that is often independent of the king. It is a farming aristocracy.
- ↑ Hjálmarsson p. 21
- ↑ Gulathingslov 17; the other regulations that the king and bishop are said to have initiated are nos. 10 and 15.
- ↑ Hertzberg
- ↑ Sanmark pp. 137-141
- ↑ Maurer pp. 56–60, 73
- ↑ Gulathingslov 18
- ↑ Robberstad pp. 151-155
- ↑ Rindal p. 11 f .; Sigurðson pp. 102-104.
- ↑ Tore Iversen, pp. 92–94
- ↑ Helle, pp. 20-23; 39-43.
- ↑ Mortensen, p. 255 footnote 10.
- ↑ Norges gamle Love pp. 3-118. Norges gamle love
literature
- B. Eithun, M. Rindal, T. Ulset: Den eldre Gulatingslova . Oslo 1994.
- Knut Helle: Gulatinget og Gulatingslova . Leikanger 2001.
- Ebbe Hertzberg: Vore ældste lovtexters oprindelige nedskrivelsetid. In: Historiske afhandlinger tilegnet Professor Dr. JE Sars paa hans syttiende fødelsedag the ellevte October 1905. pp. 92–117. Kristiania 1905.
- Jón R. Hjálmarsson: The History of Iceland . Reykjavík 1994.
- Tore Iversen: Jordeie og jordleie. Eiendomsbegreppet i norske middelalderlover . In: Collegium Medievale, Vol. 14 (2001), pp. 79-114.
- Konrad Maurer: The time of origin of the older Gulaþingslög . Munich 1872.
- Lars Boje Mortensen: The formative dialogue mellem latinsk og folkesproglig literature ca 600-1250. In: Else Mundal (ed.) Reykholt som makt- and lærdomssenter i den islandske and nordiske Kontekst. Reykholt 2006
- Rudolf Meißner (ex.): Norwegian law. The law book of the gulathing. Series: Germanenrechte Volume 6. Weimar 1935.
- Knut Robberstad: Rescue yoga . Vol. I. Oslo 1971.
- Alexandra Sanmark: Power and Conversion - A comparative Study of Christianization in Scandinavia . Uppsala University 2004.
- Jón Viðar Sigurðson: Norsk historie 800-1300. Frå høvdingemakt til konge and kyrkjemakt . Oslo 1999.
- Absalon Taranger: Den Angelsaksiske kirkes inflydelse paa den Norske. Kristiania 1890.
Web links
- Wikisource: Gulathingslov on Norrøn.