In 1274, King Magnus VI Håkonsson presented his Laws of the Land. Between 1274 and 1276, they were approved by all four regional assemblies as a replacement for the old provincial laws. The Laws of the Land remained in effect for over 400 years, until 1687. Although we know little about King Magnus as a person, both his legislative work and other sources suggest that he had a strong sense of justice. He took over legislative authority from the regional assemblies and created a more consistent legal system. The Laws of the Land were a milestone on the path towards centralized state power. Because of his efforts to reform the laws, King Magnus became known as the Lawmender. The 750th anniversary of the Laws of the Land is being celebrated all over Norway. This exhibition is the main event in the celebration of the Laws of the Land jubilee in Vestland County. It is the result of a close collaboration between Bymuseet i Bergen, the University of Bergen – especially the University Library and the University Museum – and Vestland County. The exhibition adopts an interdisciplinary approach to the Laws of the Land and the society for which they were created, with a Bergen and Vestland perspective. Like the provisions of the Laws of the Land, the content of the exhibition ranges from the grand and dramatic to the simple and ordinary. Emphasis has also been placed on creating a solemn and evocative setting for King Magnus’s life work.
Magnus, by the grace of God, king of Norway, son of King Hákon, grandson of King Sverrir, sends God’s and his own greeting to all friends of God and his in the Gulathing district.
The Prologue is an introductory text to the Laws of the Land.
The Prologue is direct in style, worded like a letter or a speech, which suggests that it was also
meant to be read aloud. At the start of the exhibition, one can hear the Prologue
read out in Old Norse, asit would have been heard at the regional assemblies. Here, King Magnus Håkonsson initially salutes the people of the various regional assemblies and, in some versions, the archbishop and bishops by their names. Then he explains the background to the legislative
work,
how the law book is organized, and what the various parts roughly concern. He relates how the provincial laws have been changed and adapted according to a desire to improve them. In this work, the king has received the help of “the best men” – wise legal experts and noblemen in his immediate circle. It is an apparently humble king who addresses his readers or listeners. At the same time, the Laws of the Land are undoubtedly the work of a powerful king with great authority. He has taken over the role of legislator at the expense of the regional assemblies and has made legislation a tool for governance and development of the society.
Now, if someone does not achieve their rights in their home region or with the royal magistrate, then the plaintiff can summon the person from whom they are unable to get compensation to the general assembly.
Section about Going to Assemblies, ch. 10
The Section about Going to Assemblies is the first section of the Laws of the Land. It primarily concerns the rules related to the regional assemblies— assemblies for entire provinces—which convened once a year at a specific assembly site. It provides an account of the selection of representatives to the regional assemblies, how many should be appointed from the various counties, how much travel money they were to receive, how they should behave at the assembly, the rituals and the oaths involved, and the legal process itself. Ever since the Viking Age, Norway had been divided into four legislative regions: Gulathing in the west and south, Frostathing in the north, and Eidsivathing and Borgarthing in the east. It is assumed that the regional assemblies were originally open to all free men but later became representational, with elected men attending. The Section about Going to Assemblies states that the king’s officers would select those they deemed best suited.
The regional assemblies acted as supreme courts for cases that could not be resolved locally. Until the introduction of the Laws of the Land, the regional assemblies also had a legislative function and their own provincial laws. All new laws had to be passed at the general assemblies. Precisely by accepting King Magnus’s new legislation and the royal right to improve the laws in the future, the general assemblies relinquished this duty. From then on, the king and his council were the country’s legislators.
It is the origin of the laws of ours, people of Gulathing—which is the origin of all good things—that we shall have and keep the Christian faith.
Christianity section, ch. 1
The Christianity section underlines the values of the Christian faith and the role that Christianity should have in the kingdom. It first describes the faith and then the doctrine of the two swords, which concerns the king’s and bishop’s areas of responsibility, i.e. the division of secular and ecclesiastical power. The reason why the Christianity section is so short is that the Church developed its own Christian Law as a consequence of the doctrine of the two swords. Furthermore, the line of succession to the throne is defined, from the king’s eldest true-born son and downwards to the 13th level in line of succession, and guidelines are laid down for the election of the king should there be no pretenders at any level. The section then describes which properties and assets accrued to the king’s successors and what could be inherited by other family members. Finally, it describes the king’s oath and the subject’s oaths of loyalty, from duke to peasant. It thus provides insights into the king’s oath and the declarations of loyalty that are thought to have been made, either when the royal successor was proclaimed king or at
his coronation. Because the Christianity section deals with the legal foundation of the kingdom—the relationships between ecclesiastical and royal power and between the king and the people—it may well be called a “constitutional law”. The Christianity section is based on the first Christian Law, which, according to the saga writer Snorri Sturluson, was said to have been adopted at a thing assembly at Moster about 250 years earlier, around 1024.So, this year we celebrate not only the 750th anniversary of the Laws of the Land but also the 1,000th anniversary of the Christian Law.
Now, such a burdensome situation arises owing to the sins of men that a heathen or Christian army invades the realm of the King of Norway in some place.
Land Defence section, ch. 3
The Land Defence section concerns military preparedness, mobilization, warships, equipment, and armament. Much was based on the older provincial laws, but the Laws of the Land established
common rules for the entire kingdom. The levy is the most important theme in this section – the naval defence system that, according to the saga writer Snorri Sturluson, was introduced by King Håkon the Good in the mid-10th century. The levy scheme divided the counties into “war-ship districts” – areas obligated to provide a certain number of men
and ships for the defence of the land. King Magnus the Lawmender’s testament of 1277 enumerates 279 “warship districts”. Theoretically, a fleet of over 300 longships and around 30,000 men could be mustered, although such a massive levy was never assembled. While this was an impressive military force, even by European standards, the levy force was nevertheless a people’s army, consisting mainly of peasants. They could not compare to the soldiers in the king’s guard or the warrior retinues associated with powerful men of the elite. Toward the end of the Middle Ages, the levy force was outmatched by continental ship types, mercenaries, and firearms.
… det er lovene som straffer …
Mannhelgebolken, kapittel 17
The Old Norse word “mannhelgi” or “mannhelgr” is usually translated as “human inviolability”.
The Human Inviolability section precisely concerns the protection of life and one’s body and honour. It enumerates personal injury, mutilation and homicide (both premeditated and negligent), rape, adultery, defamation, and more. It also describes the legal procedures and punishments for inflicting these on others. A decisive difference from older legislation was that peace between the kingdom’s subjects became, to a much greater extent, a matter for the king. This is one of the sections in the Laws of the Land where we see most clearly the king’s intervention to change legal practice and the understanding of laws. In the old provincial laws, which had their origins in the ancestral society of the Viking Age, the kindred of both victims and criminals had been obvious parties in the legal process. The family of the offender, for example, had to pay compensation, called a family fine, to several relatives of the offended party. It was also the family’s duty to avenge violations and injustices, which could lead to bloody and longlasting conflicts. There are many such examples in the Old Norse sagas. It might as well be the stronger party and not justice that prevailed. With the Laws of the Land, the offender himself, not his family or clan, was responsible for making amends. Moreover, only the victim or next of kin would receive compensation—in addition to the king, who was also to be compensated with fines for violations, injuries, and murder of his subjects. This also ensured solid revenues for the crown. Revenge and taking the justice into one’s own hand were no longer allowed. Only the king’s judges had the authority to judge and punish. The law was supposed to ensure justice not only for the offended but also for the accused.
A father and a mother are to decide on their daughters’ marriages if they are alive. But if they are dead, the closest paternal kinsmen are to decide.
List of Inheritance, ch. 1
The List of inheritance describes how the transfer of inheritance should take place. This part of the Laws of the Land begins with the regulation of daughters’ marriages. Because marriage was a Christian sacrament subject to ecclesiastical legislation, only the economic aspects of a wedding agreement are mentioned in the List of Inheritance. Marriage was considered a transaction in which part of the wealth was transferred through dowry from the woman’s family to that of the man. Therefore, the family needed to have control over this process. The List of Inheritance did not state that the parents decided whom the daughter would marry, but if she made a choice against her parents’ wishes, she would not be entitled to bring financial means into the marriage and would lose the right to inheritance. Widows decided for themselves whom they would marry. This section describes in detail who had the right to inheritance. Inheritance went from the first inheritance, which was received by legitimate children, up to the thirteenth inheritance, including third cousins. Women’s inheritance rights were strengthened by the Laws of the Land, but they continued to receive less than men: while a son would inherit two-thirds, a daughter would inherit one-third.
If a land is in the possession of the same branch of a family for sixty years or more, it becomes the allodial land of the person who possesses it.
Land Redemption section, ch. 2
This section mainly concerns what is now called the right to allodial land. In simple terms, allodial land is an agricultural property that has been in the possession of a family for a long time, and the right to allodial land gives heirs, in order of priority, the preferential right to take over the property. The owner of allodial land cannot sell it freely. According to the Laws of the Land, a land property became allowhen it had been owned by the same family for 60
years or four successive generations. Land gifted by the king could also become allodial land. If someone wanted to sell allodial land, it had to be offered during a county assembly so that those who had the strongest right in the family or clan would have the preferential right to buy it. The right to allodial land was so strong in medieval Norwegian society that one could legally extend the right of redemption for up to 60 years if one lacked the means to redeem
the land. Thus, the right to allodial land could be maintained until a new right was obtained. If someone with the right to allodial land was absent when the sale was announced, the deadline for claiming the right was extended. Like the List of Inheritance, the Land Redemption section also gave women increased rights to inherit land compared to the earlier provincial laws. The provincial laws gave the right to allodial land only to male heirs. In the Laws of the Land, brothers still had the right to allodial land, but it is clear that the law placed greater emphasis on family lines than on gender. The Laws of the Land mention the following women as having the right to allodial land: daughters, paternal granddaughters, paternal sisters, and fraternal nieces. It is stated that the right to allodial land should go to the family line on which the lot fell.
All goshawks and all gyrfalcons, wherever they lay their eggs, belong to a landowner.
Land Tenancy section, ch. 52
The Land Tenancy section is the longest section of the Laws of the Land. In the time of the Laws of the Land, Norway was primarily a farmers’ society; therefore, it is not surprising that large parts of the laws concern the regulation of agricultural property. The Land Tenancy section is based on the fact that most farmers in the High Middle Ages were tenants, which means that they paid rent to landowners. This section can almost be seen as a handbook for rural life in the High Middle Ages. Here, one can find instructions on how to pull a ship ashore, exact descriptions of how to make a gate in a fence, which way roads should go, and how they should be maintained. Rivers are also considered roads. In this case, the nearest farm is obliged to provide the ferryman with what
is needed. The laws specify fines and punishments for causing damage to another man’s property, including livestock. As elsewhere in the laws, there is a clear distinction between negligent and intentional damage. The Land Tenancy section provides clear guidelines and obligations to take care of the poor and stipulates large fines for those who neglect this duty.
All contracts that have been formally agreed with a handshake are to be binding, those which can prevail by law.
Trade section, ch. 13
The Trade section concerns purchase and sale of property, goods, and services. There was obviously a need for better regulations because this is one of the sections of the Laws of the Land that differ the most from the relevant provisions in the earlier provincial laws. Deals were to be confirmed with a handshake in the presence of witnesses. When land, houses, and other valuable assets changed hands, charters with witnesses and seals were required. Agreements on the marriage of women were also included – perhaps surprisingly for modern people, but this was natural in those days because it also concerned the transfer of property and other valuable assets. The Trade section describes how one should deal with settlements, defaults, debts, and mortgages. It also includes the renting and lending of movable assets, boats, horses,
and cattle. Furthermore, the Trade section also mentions merchant trips and the shipping of goods. Even in an agricultural society that was largely based on selfsufficiency, many people had a surplus to sell and needed to buy what they did not produce themselves. The goods mentioned are primarily textiles, foodstuffs, and other necessities. An account is given of standards for weights and measures for various goods, and mandatory control and marking of weights and
measuring cups. Archaeological finds of weights and trade goods are evidence of trade. It is clear that purchasing and selling was the domain of adult men. Underage persons were not allowed to buy anything. Women could only trade in goods of limited value, depending on the estate to which they belonged, and a purchase that exceeded this value could be invalidated.
Now, it can be told that if someone steals food who is unable to get work to support themselves,
and so, on account of hunger, saves their life, that theft is by no means worthy of punishment.
Thieves’ section, ch. 1
The last section of the Laws of the Land is the Thieves’ section, which defines theft and describes how to hold thieves accountable. It describes procedures for accusations, claims and summons, pursuit and ransacking, arrest, detention, trial, and punishment. If, for example, thieves were caught in the act, they were to be brought to the king’s representative with the loot tied on their back. It is emphasized that a thief’s punishment should be meted out according to the circumstances. Whoever stole food when hungry, because they could not find work to support themselves, was to escape punishment. Fines were the most common form of punishment, but whoever stole much or frequently risked the death penalty. Several concrete examples of what counted as theft are given: stealing vegetables and fruits, milking other people’s cows, stealing cats and dogs, snatching knives and belts, abducting hawks, moving boundary stones, etc. A person who was accused of theft could try to exonerate themselves by swearing an oath of innocence. The Thieves’ Section describes how oaths were to be sworn and how many people should take an oath along with the accused to strengthen the oath. The size of a fine and the seriousness of a crime determined how many witnesses were needed. The law also described how individuals who took false oaths were to be punished.
A law amendment by Eirik Magnusson’s guardian council, 2 July 1280, states that:
… the law book that the honourable lord King Magnus, our father, produced, in some cases does not seem to provide the clear reasoning that people need, and there are more circumstances in the cases than one can expect such a small book to determine.
Laws of the Land manuscripts often end with a series of amendments added to the original text. Norwegian laws were constantly changed and expanded during the Viking Age and the Middle Ages. King Magnus VI Håkonsson was nicknamed the Lawmender because he improved the laws. Large parts of the Laws of the Land were based on the old provincial laws. In earlier times, two terms were used to describe changes to laws: the so-called ným.li, which were new statutory provisions, and retterbøter, which were amendments to existing laws. After the introduction of the Laws of the Land in 1274, nýmæli disappeared, while amendments increased. Even in the main text of the Laws of the Land, before the Epilogue, there are two amendments, one introduced by King Magnus himself and the other introduced by his father, King Håkon
Håkonsson. Two amendments by King Magnus are also included in the Human Inviolability and Land Redemption sections. King Magnus Håkonsson’s sons, Eirik (1280–1299) and Håkon (1299–1319), who reigned after him, issued a great many law amendments. Their law amendments covered a wide range of topics and were linked to most sections of the Laws of the Land. An important recurring theme among Magnus’s sons was the tugof- war between the king and the Church. Håkon V Magnusson was also particularly concerned with preventing corruption and abuse of power among the king’s officials at all levels. With his law amendment from 1302 regarding succession to the throne and guardian council, he dealt with the misrule ensuing after King Magnus’s death to “avoid in the future the unprecedented damage that the kingdom suffered while both of us brothers were in childhood”. Reading between the lines of these law amendments, one can perhaps infer why Audun Hugleiksson, one of the most important figures behind the Laws of the Land, ended up on the gallows in Nordnes in 1302. There are no reliable sources as to what happened, but after Håkon was crowned in 1299, he had Audun arrested. There is reason to believe that Audun had abused his power and authority and was convicted of treason— a crime that could not be pardoned.
