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a general export ban.
Chapter 7: Af munka aigum
7/2. The provision here is one of a number relating to cutting timber
(cf. 25/26 37; 26/38 46; 26/55 61; 63/2 4).
NOTES 79
7/4 5. Concerning the clause he is to be excommunicated (liggr
hanum vi�r bann), Jacobsen (GGD, 38 note 1) points out that liggia
vi�r originally referred only to fines and meant to be subject to (a
fine) . Here the sense has been extended to excommunication as a
punishment in respect of stealing or damaging monastery property.
7/5. Excommunication (bann) was not a punishment laid down in
the earliest provincial laws, although it was later applied along-
side other punishments. Fines to the bishop were the more common
punishment for breaking church law. Elsewhere in GL the word
bann is used only where the interdictum locale appears to be
intended (cf. Note to 8/17 19).
7/5. The Gtn halfu mairi meant literally half more , but the actual
sense was twice as much , the half referring to the relation of the
initial amount to the final amount (cf. Addition 2/6).
7/9. Delay in paying the fine did not result in an additional penalty.
See 3/21 in relation to tithes.
7/11. The strong noun aign is the one most commonly used in the
A-text, although not in the B-text, for property in the form of
land . The weak feminine aiga is used occasionally, whereas land
and ior� do not occur with this meaning. Ruthstr�m (2002, 77, 96,
97 98) provides evidence that aign was in the process of being
replaced by kustr in the sense of possessions in general, as
opposed to land (cf. Note to 5/9).
7/13 17. Wess�n (SL IV, 251 note 7 to Chapter 7) examines the
significance of the inheritance arrangements following the death
of a man who has entered a monastery in adult years. If he divided
his property with his sons, taking one per capita portion for him-
self, it is possible that on his death the whole of that could have
been inherited by the monastery. This would seem to imply that a
man with one son could give a half, and one with two sons one
third of his property to the religious house. Wess�n considers the
former, at least, unlikely and that in that case the limit of one third
still applied. Jacobsen, however, translates �a valdi hafu�lut sinum
as da raade de over deres Lod (then they had control over their
personal share), referring to the children. This gives no hint as to
the division of the personal share of their father.
7/14. Wess�n (SL IV, 250 note 21) defines hafu�lutr as s� stor del
av ett arv, som uppkom, om det delades i lika delar efter huvuden
(per capita) (as large a part of an inheritance as would be obtained
if it were divided equally per capita). The same word is used in
80
THE LAW OF THE GOTLANDERS
Chapters 4 (B-text only), 20 and 28, all in relation to inheritance
(cf. Iuul 1941, 103, 106; Note to 20/40 41).
7/16 and footnote. Jacobsen (GGD, 38) incorrectly gives en Tredje-
del (a third) for tiunda lut tenth part , obviously influenced by
the previous paragraph. Wess�n notes that Pope Gregory IX in a
letter dated 23/1/1230 (DS I, 258, no. 257) confirmed a previously
prescribed limit on donations to a religious house of one tenth of
one s liquid assets. UL Kkb 14 and SdmL Kkb 11 have similar
limits, but �gL Kkb 24, �VgL �b 9, YVgL �b 13 and SkL 38 (CISk
I 37) differ (cf. SL IV, 252 note 8 to Chapter 7 and references).
Note that the A-text here, and here only, clarifies the property referred
to by specifying ior�aign property in land (see Ruthstr�m 2002,
97). The B-text does not specify land .
Chapter 8: Af mannhelg
8/2. The concept of mannhelg personal rights is closely linked
with that of fri�r peace and security . The origins of the laws on
peace or truce are not absolutely clear. It is possible that they
developed from the periods during cult festivals when no one took
up arms (cf. Tacitus 1914, 51) and were later connected with mar-
kets and trade. They might, on the other hand, have originated in
the twelfth century under the influence of Pope Hadrian IV (Nicholas
Breakspear). The word mannhelg occurs almost exclusively in law
texts. It referred to the human rights (a translation suggested in
conversation by Helle Degnbol at Copenhagen University) of free
men and women (but not slaves) under law. That is, the protection
a citizen had for the personal rights of life, liberty and honour,
particularly during periods when there was an enhanced respect
for these rights (cf. Gr�nbech 1955, 2: 104 08). Mainland provin-
cial laws have similar provisions (cf. UL Kkb 17 pr, 22 1; SdmL
Kkb 18 pr). Temporary loss of these rights, short of full outlawry, [ Pobierz całość w formacie PDF ]

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