Product Code Database
Gutalagen (or Guta lag; "The law of the Gotlanders") is the earliest preserved law book for Gotland. The laws were likely first written down around 1220 CE but there is evidence for the laws being older than this, with some aspects likely being pre-Christian. They were practically in use until 1645 despite control of Gotland changing hands several times throughout this period between Sweden, Denmark and the Teutonic Order.
The laws cover a broad range of topics, including banning Old Nordic religion and enforcing adherence to Christianity, along with describing fines for different levels of assault and conditions by which domesticated animals can be returned to their sellers. It typically assigns fines as punishments, with amounts varying depending on the wealth and slave-status of those involved.
Guta saga is included as an appendix to the laws in manuscripts such as the Old Gutnish Holm B 64. As the extant body of Old Gutnish is limited, Gutalagen forms a significant part of it, making it of high linguistic importance.
Control of Gotland shifted throughout the 14th-16th centuries, with it variously falling under the control of Denmark, the Teutonic Order and Sweden. After Valdemar IV's invasion in 1361, Denmark was substituted for Sweden in legal terms and Gotland's traditional independence was maintained. Magnus Eriksson created a national law for Sweden (Magnus Erikssons landslag) in the mid-14th century to replace provincial laws, however its implementation across Sweden was gradual. ‘‘Gutalagen’’ remained effectively in force until 1645 when Sweden took control of Gotland from Denmark despite attempts by Christian IV of Denmark to apply the Scanian Law in Gotland beginning in 1595.
It has been argued that the text is partly theoretical and represents an ideal rather than a practical framework. This is supported by large weregilds demanded, which could not have been afforded by those that weren't wealthy landowners. It has further been debated whether ‘‘Gutalagen’’ is either a rättsbok ("justice book"), a record of the laws in force at a particular time to help law speakers remember the laws, or a lagbok ("statute book"), a collection of systematic, normalised law codes that were directly incorporated into the legal process.
The laws begin by stating that the community should reject heathendom, accept Christianity and believe in one almighty God. This section closely resembles that in the Norwegian older law of Gulaþing, with both saying that we should pray for good harvest and peace (ar oc friþ in Gutalagen). The law requires adherence to Christianity, such as in the paying of tithes and attendance at church on Sundays. It also makes the Old Nordic religion illegal, including forbidding practices such as the performing of blót, and praying to, or at, groves, howes, Germanic gods, vé and stafgarþar. The meaning of stafgarþar is debated, with translations including "fenced-off areas" and the literal "staved-yard". The term likely refers to either religious spaces enclosed by palisades or featuring one of more staves. These may have been arranged so as to direct attention towards the middle of the structure. This has been compared to the Old English frið-geardas, fenced off areas containing a stone, tree or spring which were made illegal in Norðhymbra preosta lagu. Furthermore, archaeological evidence for areas marked off by stones or fences exists in Scandinavia dating throughout the Stone, Bronze and Iron Ages and has been proposed to have formed a holy space. Possible stafgarþar have been identified in Gotland that cluster in the middle of the island, particularly where roads meet or at þing sites.
Other subjects covered by the law include acts such as manslaughter, assault and adultery. It also covers disputes over woodlands, responsibilities for wells and the conditions by which one may return domestic animals that have been bought. It further prescribes fines regarding family matters such as weddings, funerals and inheritance.
Guta saga is found at the end of some ‘‘Gutalagen’’ manuscripts, including Holm B 64. It is not clear when they were first arranged this way. Some topics are covered by both texts, such as arrangements relating to visitations of bishops to Gotland. Furthermore, Guta saga paraphrases ‘‘Gutalagen’’, describing how the heathen Gotlanders used to follow the same customs that the law code lists as punishable offences.
The laws specify that if one is obliged to pay a fine for someone else, they do not have to pay more than they can afford. Furthermore, one was only responsible for their own share of the inherited fee. When slaves committed crimes, as they could not pay the fine, the owner was first expected to cover the cost. If this was not possible, the slave's length of bondage could be extended or they could be killed. The slave could also be offered as wergild for a killing. If a slave raped a Gotland woman, she could choose either to receive compensation, or for the slave to be killed. What would now be seen as sexual harassment against women is punished, although the women were held partly responsible for protecting themselves, resulting in punishments that lessen as the severity increases. This is distinguished from male sexual assaults on women, where the men are punished according to the degree of severity. There are no similar provisions in the Swedish provincial laws.
|
|
