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omissions, repetitions and slight inconsistencies such as one would
expect if memory were the chief source of the information. These
xxiv
THE LAW OF THE GOTLANDERS
observations militate against Steffen s suggestion that the text was writ-
ten as an unrealised ideal, and it certainly does not have the characteristics
of a theoretical work.
If one assumes that GL is to some degree practical rather than theoreti-
cal the opposing conclusions of Wessén and Holmbäck (i.e. that GL is
either a statute book or a justice book) are equally worthy of serious
consideration. Although GL as it is preserved has clearly undergone
certain revisions, it does not seem to be a systematised set of statutes as
Wessén contends. It is not organised into sections and chapters (Swed-
ish balkar and flockar) in any logical manner and certainly could not be
said to cover the whole legal process (Amira 1882 95, I, 711). Some
chapters are relatively lengthy and unstructured, covering a number of
different provisions (e.g. those on wounding and inheritance) whilst
others (especially those towards the end of the text) are extremely short,
frequently containing only one provision. The law relating to property
is split across several chapters, scattered throughout the text (see SL IV,
lxxiv lxxv). GL could therefore be described as a more or less selective
record by an individual or individuals of the law in force in Gotland at a
particular moment, amended and copied at various times to give rise to
the preserved manuscripts; in other words it is more nearly a justice
book than a statute book.
B. Legal system as reflected by Guta lag
A discussion of the legal system contained in GL might usefully start
with what is not included, since that is what distinguishes it most
markedly from the mainland Swedish provincial laws. The most obvious
omission is a section relating to the pledge of royal involvement in local
law (Swedish edsöreslag, see p. xxxviii), and indeed there is no mention
of the king at all in either GL or the town law of Visby. No fines are stated
as payable to the king, and although taxes are referred to in Guta saga
(GLGS, 64, 68), there is only an unspecific mention of them in GL (Chap-
ter 53). There is no reference to Sweden, although it has been assumed
by modern scholars that the non-Gotlandic people referred to in GL were
residents of Swedish origin. Reciprocal arrangements between Gotland
and Sweden are mentioned in Guta saga (GLGS, 64) and the forty-mark
wergild, which is payable for non-Gotlanders, appears to be an import
from the mainland provincial laws. Wessén notes that this same level of
fine appeared in the Declaration of Artlenburg (see pp. viii, xii above)
and considers that in this latter case it reflected the existing law in Gotland
(see SL IV, lxxix lxxxii).
INTRODUCTION xxv
Another omission from GL is any element of commercial or maritime
law, despite the apparent importance of trade to Gotland; indeed Visby
is named only once, and that in passing. Yrwing (1978, 105) suggests
that this omission is explained by the existence, at the time of writing of
GL, of special laws covering these matters, and cites the provision relat-
ing to the redemption by a foreigner of a captive Gotlander as an
indication that this was the case (see Chapter 28, lines 54 58). Provi-
sions relating to ships are included (Chapter 36) but these cover only
the responsibilities of their owners to take due care to protect them from
theft.
Although there are a number of provisions relating to the church (tithes,
observance of the Sabbath, the duties of priests, etc.) there is no specific
church law section covering the dedication, care and ringing of bells,
forbidden degrees of kinship in marriage, trial by ordeal or bishop s
visitations and courts such as appear in other Swedish provincial laws
and in the Danish law of Skåne (SkL). The fact that arrangements for the
bishop s visitation are described in detail in Guta saga, however, sup-
ports Wessén s contention (LG, xviii) that the latter is ett naturligt
komplement till lagen (a natural complement to the law) in that it in-
cludes relevant matter not present in GL itself.
A further example of Guta saga complementing GL may be noted.
There is no reference in GL to the commission (nämnd), which forms an
important element in mainland provincial laws. In Guta saga, however,
an oath given by commissioners or nominees (nemnda aiþr) is described
in reference to the failure of the islanders to send troops to the
levy (laiþingr). Significantly it is stated in this context that the only
such oath permitted is this particular oath to the king (SL IV, lxxix;
GLGS, 69).
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