[ Pobierz całość w formacie PDF ]
the land price, but was also subject to a fine.
28/8 10. The assembly had to agree any land purchase, presumably
with the support of witnesses in cases of dispute. There are no
surviving deeds of transfer of land from Gotland, from which one
may infer that they were not customary (see SL IV, 278 note 2).
28/9. The masculine noun afraþr kinsman s portion was a pay-
ment made to the nearest kin of the seller of a piece of land if that
kinsman were not the purchaser. This recognised his right of pre-
emption in the purchase and amounted to an eighth of the purchase
NOTES 149
price, according to tyGL (cf. CIG, 146; SL IV, 278 note 3). This
right is only mentioned in GL and afraþ n. means annual rent in
mainland provincial laws (see CISG s. v. afraþ). If a kinsman did
not take up his right within a year, thus approving the sale and
confirming that he could not or did not wish to purchase the land,
the payment lapsed and the sale was validated by default. Various
exceptions are listed at 28/33 35 and 28/35 39. Arrangements for
placing land in surety for a loan were the same as for an outright
sale. There are further details of these arrangements in Chapter 63.
28/13 17. Three (or possibly four) different types of blood relation-
ship were recognised: skyldir menn closely related kin , quislarmenn
relations from another family branch and etarmenn (more
distant family members, those who belonged ). The terms frendi
and niþi were used of (male) kinsmen in general, with the context,
or an adjective, determining how closely related they were. At 25/
16 17, for instance, it seems that niþiar refers to more distant
relatives, whereas at 28/31 more closely related kin are intended.
In Gotland, as on the mainland, the concept of land as a birthright
to be kept within the family prevailed (cf. ÄVgL Jb 3; YVgL Jb 5
and 6; ÖgL Jb 3; UL Jb 1, 2 4). The frendar seem particularly to
have been involved in approving marriages (e.g. 21/14, 24/14)
and other legal arrangements, such as ransoming captured family
members (e.g. 28/48 49, 56 57). A woman passed from one family
to another on her marriage, as did the property she took with her.
Any stock, for example, could be rebranded (see 46/3). The provi-
sions in the present chapter should be compared with those in
Chapters 20/86 89 and 63/9 13. Although it is specifically stated
that land may not be sold outside the family, it seems that in ex-
tremis such a sale was legal, but resulted in the seller losing his
rights of citizenship (cf. DL (and VmL) Bb1; HL Jb 1; SL IV, 278
79 notes 5 and 6).
28/22 23. As Wessén (SL IV, 279 note 7) states, lack of any relevant kin
meant that only a twelve-mark fine to the assembly was applied.
28/32 33. The phrase þa iru quindismenn nerari þan utanmenn then
the female members are nearer than outsiders suggests that land
sales could be made outside the family (cf. Note to 28/13 17). The
word utanmaþr is, however, unique to GL and similar words in
mainland provincial laws refer to people outside the province
(utlænzker man) or outside the village (ut byamæn), who might
still have been members of the family (cf. VgL III 87, 117).
150
THE LAW OF THE GOTLANDERS
28/33 39. The apparent contradiction between the two juxtaposed
provisions is explained by the fact that in the first case, land was
exchanged value for value, for the convenience of the owners, and
no sale occurred that reduced the value of the estate (see SL IV,
279 note 11).
28/35 39. The first provision exempting a sale from afraþr covers a
situation in which the whole family sells the estate and the second
that in which land must be sold to pay wergild. The fourth exemp-
tion allows land to be sold to pay compensation for theft. The
third provision, relating to dowry in the form of land specifies
land yielding a maximum of one mark in rent (see Notes to 3/4,
20/91). Wessén assumes that the freehold value of a mark laigi of
land was calculated to be twenty-four marks of silver or three of
gold (cf. SL IV, 273 note 1, 281 note 2 to Chapter 32). Since three
marks of gold was the wergild for a Gotlander, Wessén s assump-
tion is reasonable in this context and that of 20/91. A comparison
should, however, be made with the provision in Chapter 65, which
specifies a maximum of two marks of gold for the value of a dowry,
although what form it may take is not specified. Wessén (SL IV,
279 note 12) states this to be equivalent of two mark laigi, but it
should, of course, be mark laigi (cf. Note to 65/9 11). Schlyter
(CIG, 273) observes that in one Gotlandic source from 1527 it
appears that a mark laigi was equivalent to twelve marks (presum- [ Pobierz całość w formacie PDF ]
zanotowane.pl doc.pisz.pl pdf.pisz.pl szamanka888.keep.pl
the land price, but was also subject to a fine.
28/8 10. The assembly had to agree any land purchase, presumably
with the support of witnesses in cases of dispute. There are no
surviving deeds of transfer of land from Gotland, from which one
may infer that they were not customary (see SL IV, 278 note 2).
28/9. The masculine noun afraþr kinsman s portion was a pay-
ment made to the nearest kin of the seller of a piece of land if that
kinsman were not the purchaser. This recognised his right of pre-
emption in the purchase and amounted to an eighth of the purchase
NOTES 149
price, according to tyGL (cf. CIG, 146; SL IV, 278 note 3). This
right is only mentioned in GL and afraþ n. means annual rent in
mainland provincial laws (see CISG s. v. afraþ). If a kinsman did
not take up his right within a year, thus approving the sale and
confirming that he could not or did not wish to purchase the land,
the payment lapsed and the sale was validated by default. Various
exceptions are listed at 28/33 35 and 28/35 39. Arrangements for
placing land in surety for a loan were the same as for an outright
sale. There are further details of these arrangements in Chapter 63.
28/13 17. Three (or possibly four) different types of blood relation-
ship were recognised: skyldir menn closely related kin , quislarmenn
relations from another family branch and etarmenn (more
distant family members, those who belonged ). The terms frendi
and niþi were used of (male) kinsmen in general, with the context,
or an adjective, determining how closely related they were. At 25/
16 17, for instance, it seems that niþiar refers to more distant
relatives, whereas at 28/31 more closely related kin are intended.
In Gotland, as on the mainland, the concept of land as a birthright
to be kept within the family prevailed (cf. ÄVgL Jb 3; YVgL Jb 5
and 6; ÖgL Jb 3; UL Jb 1, 2 4). The frendar seem particularly to
have been involved in approving marriages (e.g. 21/14, 24/14)
and other legal arrangements, such as ransoming captured family
members (e.g. 28/48 49, 56 57). A woman passed from one family
to another on her marriage, as did the property she took with her.
Any stock, for example, could be rebranded (see 46/3). The provi-
sions in the present chapter should be compared with those in
Chapters 20/86 89 and 63/9 13. Although it is specifically stated
that land may not be sold outside the family, it seems that in ex-
tremis such a sale was legal, but resulted in the seller losing his
rights of citizenship (cf. DL (and VmL) Bb1; HL Jb 1; SL IV, 278
79 notes 5 and 6).
28/22 23. As Wessén (SL IV, 279 note 7) states, lack of any relevant kin
meant that only a twelve-mark fine to the assembly was applied.
28/32 33. The phrase þa iru quindismenn nerari þan utanmenn then
the female members are nearer than outsiders suggests that land
sales could be made outside the family (cf. Note to 28/13 17). The
word utanmaþr is, however, unique to GL and similar words in
mainland provincial laws refer to people outside the province
(utlænzker man) or outside the village (ut byamæn), who might
still have been members of the family (cf. VgL III 87, 117).
150
THE LAW OF THE GOTLANDERS
28/33 39. The apparent contradiction between the two juxtaposed
provisions is explained by the fact that in the first case, land was
exchanged value for value, for the convenience of the owners, and
no sale occurred that reduced the value of the estate (see SL IV,
279 note 11).
28/35 39. The first provision exempting a sale from afraþr covers a
situation in which the whole family sells the estate and the second
that in which land must be sold to pay wergild. The fourth exemp-
tion allows land to be sold to pay compensation for theft. The
third provision, relating to dowry in the form of land specifies
land yielding a maximum of one mark in rent (see Notes to 3/4,
20/91). Wessén assumes that the freehold value of a mark laigi of
land was calculated to be twenty-four marks of silver or three of
gold (cf. SL IV, 273 note 1, 281 note 2 to Chapter 32). Since three
marks of gold was the wergild for a Gotlander, Wessén s assump-
tion is reasonable in this context and that of 20/91. A comparison
should, however, be made with the provision in Chapter 65, which
specifies a maximum of two marks of gold for the value of a dowry,
although what form it may take is not specified. Wessén (SL IV,
279 note 12) states this to be equivalent of two mark laigi, but it
should, of course, be mark laigi (cf. Note to 65/9 11). Schlyter
(CIG, 273) observes that in one Gotlandic source from 1527 it
appears that a mark laigi was equivalent to twelve marks (presum- [ Pobierz całość w formacie PDF ]