![\"Vi](\"https:\/\/avaldsnes.info\/content\/uploads\/2013\/09\/Tusenaarsstaden_Gulatinget-300x200.jpg\")
We don’t know exactly where the Gulating was situated, but a memorial is erected at Flolid outside Eivindvik. (Photo: Wikemedia Commons)<\/p><\/div><\/p>\n
Text: Marit Synn\u00f8ve Vea<\/span><\/p>\n THE LAW <\/strong> The laws were memorized and spoken at the Thing by the law-speakers who knew the laws by hearth, until a culture based on written sources was established.<\/p>\n All free man had to respect the law, including the chieftains and the king himself.<\/p>\n THE OLD NORSE LAWS<\/strong> The Gulating<\/em> Law is the oldest book of law in the Nordic countries. The text was written down sometime in the 1000s, but the oldest part dates probably from before 900. Parts of the Gulating<\/em> Law were used as a model when Ulvljotsloven<\/em> were written down in Iceland ca. 930. The Gulating<\/em> Law applied to large parts of western Norway. The law is named after the place Gulen where people from western Norway gathered for their Lagting<\/em> (superior regional assembly).<\/p>\n Until 1274 the kingdom of Norway had four codes of law, although many of the sections were identical or very similar. Then Magnus Lagab\u00f8te had all these laws compiled into one code called Landslova<\/em> (The National Law) for the entire country.<\/p>\n THE THING \u2013 A LEGISLATIVE AND JUDGING ASSAMBLY<\/strong> “The Thing in Rogaland”. The king summoned people in Rogaland to the Thing because he wanted them to accept Christianity. It ended with:”..all people present at the Thing were baptized” (Ill. Halfdan Egedius, Saga of Olav Tryggvason)<\/p><\/div>\n We do not know when the \u201cSystem of Things\u201d was established, but the first to write about such a parliament was the Roman historian Tacitus (about 100 AD).<\/p>\n The Althing (ON\u00a0Al\u00feing<\/em> ) was a very old institution that existed long before the Viking Age. It was a kind of common assembly for a \u00a0limited geographical area, for example a village or a rural district. All free men had the duty to meet at the Althing. Women and disabled men could meet if they wanted to. This also had practical reasons. Scattered settlements and large distances meant that someone had to stay home and take care of the farm even though the Althing was set.<\/p>\n Eventually the Lagthing (ON\u00a0log\u00feing = law-thing)<\/i>, that applied to a larger area, was established. It was then inconvenient that so many should travel over large areas. Instead representatives or “send men”, were elected. This happened probably in the time of H\u00e5kon the Good, around 950, and it may have been at this time that women’s “right to vote” disappeared. Nevertheless, a widow could still undertake public functions and meet at the Lagthing instead of her husband.<\/p>\n The actual place where the assambly met was called Thingvoll (ON\u00a0\u00deingv\u01ebllr).<\/i><\/p>\n Before the Thing was set, a veband<\/em> (holy band) was laid out at the Thingvoll<\/em>. This \u201cveband\u201d was a circular area surrounded by a band that distinguished lagretten<\/em> (the jury) from the other people at the Thing. The area within this bound was sacred. Here prevailed peace and justice.<\/p>\n THE PRINCIPLE OF EQUALITY<\/strong> The slaves were not protected by the law. The slaves were looked upon as the owner\u2019s property. The owner could buy and sell a slave, and he could treat his slave as he liked.<\/p>\n The Althing at Thingvellir in Iceland competes with Tynwald in the Isle of Man and the Lagting in the Faroe Islands to be the world’s oldest continuous parliament body in the world.(Photo Marit S.Vea)<\/p><\/div>\n SUMMONS FOR THE THING<\/strong> To summon somebody for the Thing was regarded as a very hostile action. Opponents would therefore try hard to achieve a settlement. A summons could also be a means to force the opponent to agree to conciliation.<\/p>\n The person who was summoned to the Thing, could try to prevent that the summons was conducted according to the rules, for example by escaping or by armed resistance. It was therefore wise of the accuser to have enough manpower to protect himself.<\/p>\n At the Thing the one who accused had to step forward for the judges, take up the contents of the summons and bring forward witnesses and other evidence. Later the accused was allowed to bring forth his defense. Then the judges had the choice to accept the accusation or to reject it.<\/p>\n THE FAMILY AND THE LEGAL SYSTEM<\/strong> The \u201cThing Hil\u201d in Nord-Tr\u00f8ndelag believed to be the site of the Frostating. The \u201cThing Hill\u201d is today marked by 13 stones – a big stone in the middle and 12 smaller in a circle around . (Photo Hanne Krogh)<\/p><\/div>\n FINES<\/strong> Example: Fines for murder<\/strong> Converted into today’s value:<\/strong> The purpose of the fine was to provide for the younger generation of the family who had lost a family member<\/p>\n TO BE OUTLAWED<\/strong> The honour could be restored by holmgang. Those who dueled went out on an island and fought, either to the first drop of blood or to death. There were strict rules for how the duel would take place. The most famous description found is in The Saga of Gunnlaug Ormstunga. Holmgang was abolished by law in 1014. (Illustration Dag Frognes)<\/p><\/div>\n None were allowed to have anything to do with an outlawed person. They could not even help him escape from the country. Anyone could kill him. Both society and the plaintiff had a right and duty to take revenge on the outlaws.<\/p>\n Those who were convicted of murder or rape, were often outlawed. This is because the fines for such offenses were so great, that the family of the offender had difficulty paying<\/p>\n HONOUR AND REVENGE <\/strong> Honour could be restores through:<\/strong> “WE ARE ALL EQUAL”<\/strong> Gunnar from Lidarende was sentenced to outlawry. To save his life he intended to leave Iceland. But when he saw his homestead from the distance, he was so moved by the beauty of it that he changed his mind and decided to remain. This led to Gunnar\u2019s death. (Drawing Andreas Bloch, 1898)<\/p><\/div>\n A Norwegian Viking fleet led by Rollo (Gange Rolf) stood by the river Eure. The French king sent an army against them to negotiate. When the French approached the Vikings, one of them asked: RIGSTHULA AND THE ORIGIN OF CLASSES<\/b> Later, he arrived at a prosperous farm where the people were well dressed and had good food to eat. Rig had a son \u2013 Karl – by the wife on this farm too. \u201cOxen he ruled, and plows made ready, houses he built, and barns he fashioned, carts he made, and the plow he managed\u201d.<\/em><\/p>\n Finally, Rig went to a large and magnificent farm where the farmer was sitting making bows and arrows. His wife was wearing a beautiful, blue dress with a filigree silver brooch and she laid silver dishes on the table. Rig had a son \u2013 Jarl – with this farmer’s wife. Rig taught Jarl to be a skilled hunter who could handle weapons well. “Shields he brandished,and bow-strings wound, bows he shot, and shafts he fashioned, arrows he loosened,and lances wielded, horses he rode, and hounds unleashed, swords he handled, and sounds he swam\u201d.<\/em><\/p>\n Then Jarl gets sons, and the youngest of jarl\u2019s sons is called Kon-ung (King). \u00a0The poem goes on to tell what qualities a king must possess. Rig teaches Kon-ung to become a skilled hunter and good with weapons. But the main thing is that Kon-ung has magical powers. He is a rune artist who can heal wounds, comfort, quiet the storms and understand bird-chatter.<\/p>\n But Kon the Young “Heimdal and his nine mothers”. Heimdal who was behind the origin of classes, was himself born of nine mothers on the beach between sea and land. The nine mothers were probably Ran’s nine daugthers (waves). It is not known if he had a father. (Ill. W.G. Collingwood, 1908)<\/p><\/div>\n Bird-chatter learned he,<\/em> THE KINGS ELECTED BY THE THING<\/strong> Tactitus (ca 100 e. Kr.) says this in his volum “Germania”)
\nThe English word law<\/em> has an Old Norse origin. (ON lag = law<\/em>‘)<\/p>\n
\nThe old Norwegian laws (called Landscape laws) were local laws which applied in a particular geographic area. These laws are called Gulating<\/em> Law, Frostating<\/em> Law, Borgarting<\/em> Law and Eidsivating<\/em> Law. These laws applied for every person inside the “law area”. Some of them were written down at the latest in the 11th century. Parts of these laws are still preserved in written form.<\/p>\n
\nThe legislation was enforced at the Thing (ON\u00a0\u00feing)<\/i>, which was the legislative and judical assembly. Compared with contemporary systems, the Norse Thing was a quite democratic institution.\u00a0 The Thing could take political decisions, make new laws and solve disputes. The Thing also functioned as a social meeting place and as an arena to discuss matters of general interest.<\/p>\n![\"\"](\"https:\/\/avaldsnes.info\/content\/uploads\/2013\/09\/Olav_Tryggvasons_saga_-_Tinget_i_Rogaland_-_H__Egedius.jpg\")
<\/a>
\nEvery free man should be treated equally at the Thing. The rule was “one-man one-vote”. In reality the Thing was dominated by the most influential members of the community.<\/p>\n<\/a>
\nThe Vikings lived in a brutal time, and they could be violent when they were abroad, but they were heavily punished for violence committed at home.\u00a0The majority of disputes were solved between the families concerned, but if they could not reach an agreement, the Thing was the final judicial authority.<\/b><\/p>\n
\nThe Vikings had a great sense of justice, but they had no police who could punish criminals. \u00a0Security was something they found in their families.\u00a0 The whole extended family was responsible if a relation broke the law, therefore the family was important when it came to prevent actions of crime.<\/p>\n<\/a>
\nIt was customary to solve disputes by means of fines. The more serious the crime, the higher the fines.<\/p>\n
\nIf a free man was murdered, the family of the criminal would have to pay 189 heads of cattle.<\/p>\n
\nThe killer had to pay 204 800 USD
\nThe killer’s brothers had to pay 74 200 USD
\nThe killer’s uncles had to pay 20 000 USD
\nThe killer’s cousins had to pay 39 600 USD
\nMore distant relatives had to pay 320 \u2013 8 600 USD<\/p>\n
\nThe most severe sentence passed by the Thing was to banish somebody as \u201cutlegd\u201d (ON utlagi<\/em>, meaning separated, peace less). Those who were banished were outcasts \u2013 they were not protected by the law and stood outside society.<\/p>\n<\/a>
\nThe family was responsible for taking revenge on behalf of other family members. If a person or the family were violated, they had a duty to restore honour.<\/p>\n
\n– Settlement between the families (Often achieved by fines)
\n– Conviction at the Thing (Fines or outlaw judgement)
\n– Through revenge (Blood revenge)
\n– Through duel (ON holmgang<\/em>)<\/p>\n
\nArchaeological evidence shows that there could be great differences between people in the Viking Age. Nevertheless, it appears that the principle<\/span> of equality was strong. In principle, all free men should also be treated equally by the law. This is also recorded in contemporary foreign sources:<\/p>\n<\/a>
\nWhat, ho! brave warriors, what is the name of your lord?\u201d \u201cWe have no lord,\u201d replied the Normans, \u201cwe are all equal.\u201d <\/em>(Kilde: Dudo de Sancto Quintino, apud Script. rer. Normani, p. 76., late 1000’s)<\/p>\n
\nThe old poem Rigstula (ON R\u00edg\u00feula<\/em>) describes the origin of the different classes. We meet the god Heimdal. He called himself Rig and travelled around on earth like a human. He arrived first at a poor farm, had a child by the farmer’s wife and their son was called trell<\/em> (slave). “Ground they dunged, and swine they guarded, goats they tended, and turf they dug.”<\/em><\/p>\n
\nlearned runes to use,
\nRunes everlasting,
\nthe runes of life;
\nSoon could he well
\nthe warriors shield,
\nDull the swordblade,
\nand still the seas.<\/em><\/p>\n<\/a>
\n flames could he lessen.,<\/em>
\n Minds could quiet,<\/em>
\n and sorrows calm;<\/em>
\n The might and strength<\/em>
\n of twice four men<\/em><\/p>\n
\nAccording to Norse tradition also the kings had to be elected by the Thing. The sagas have many accounts of pretenders to the throne travelling around from Thing to Thing in order to be “chosen as king”. A legacy from their Germanic ancestors?<\/p>\n
\n“They choose their kings by birth, their generals for merit. These kings have not unlimited or arbitrary power, and the generals do more by example than by authority. If they are energetic, if they are conspicuous, if they fight in the front, they lead because they are admired. (…) In these same councils they also elect the chief magistrates, who administer law in the cantons and the towns.”<\/em><\/p>\n