s
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unfavourable to the farmer, but does not explain why she thinks
that this is the case.
3/11 14. A lesser punishment, called interdictum locale, involving
exclusion from church sacraments, except baptism and extreme
unction, seems to have been more frequently applied than full
excommunication. From the context, this punishment was clearly
temporary and was discharged after appropriate payments were made
(cf. Note to 8/17 19).
3/16 18. Wessén (SL IV, 247 note 6) observes here that it is fines
(rather than tithes) that are referred to in the threefold division.
3/18. A tenant (laigulenningr) was someone who rented land. The
sense is the same as landboi someone living on or using another s
land on payment of a lease . Wessén (SL IV 247 note 7) considers
that the word is derived from the combination leigu-land land
put out to lease (cf. also Wessén 1932, 83 88). It is perhaps sig-
nificant that the concept of legal moving days (fardagar), when a
tenancy expired, does not occur in GL.
3/19 20 and footnote. According to Jacobsen (GGD, 30 note 2) and
Wessén (SL IV, 247 note 8) one mark of the fine went to each of
the priest, church and parishioners.
3/22 39. From the content of this paragraph it seems that the build-
ing of private chapels, equivalent to Old Norwegian hSgindiskirkjur,
was not wholly extinguished in Gotland, although it is not men-
tioned in Swedish provincial laws. The principle was that churches
should be independent and self-supporting. Where new churches
were built, for greater convenience , they seem to have been funded
initially by a group of farmers and adopted in the sense that tithes
were paid to them; they still had to be consecrated by the bishop.
Only those who contributed to the building of a church could
transfer their tithe duty to this new church and parish. As Wessén
notes, there does not seem to have been an obligation on builders
to apply first to the bishop (or the king) for permission, as was the
case on the Swedish mainland (cf. UL Kkb 1 1; YVgL Kkb 2; ÖgL
74
THE LAW OF THE GOTLANDERS
Kkb 1 2). This is less surprising in view of the fact that the bishop
was not readily available for such consultation and also that he
was not party to the division of tithes. It could also be that by the
time the law was written, parish boundaries were finalised (cf. SL I,
ÖgL, 21 note 1, 34 note 4; SL IV, 247 note 13 and references).
3/30. The disagreements referred to would have been between the
parishioner and the priest in his original parish who was claiming
tithe payments.
3/36 38. The witness borne by parishioners in the case was witness
as to fact and that borne by the priest was almost in the category of
expert witness. Witness as to the truthfulness of a plaintiff or
defendant, but not as to fact was more frequent and there was also
official witness to an act, for reference in the future (cf. Notes to
2/15, 16/23 26, 19/6 8).
3/42 43. As well as the barley (corn) tithe, there was a tithe of hay
and hops. No mention is made of a tithe of livestock. It is worth noting
that rye is not specifically mentioned in this context. Hops were used
for flavouring ale and were the subject of tithes in other provincial
laws (cf. UL Kkb 7 5).
Chapter 4: Af blotan
4/2. The reference to sacrifice (blot) is unspecific, but seems to be an
allusion to animal sacrifice followed by a pagan feast (4/7). There
is no mention of human sacrifice in GL, although it is described in
Guta saga (see GS, xxxii xxxiii, 4/18 19 and notes).
4/2 5. Wessén (SL IV, 248 49 note 2) remarks on the rhythm and
alliteration in the opening clauses of this chapter. Cf. also a simi-
lar passage in Guta saga (GLGS, 63 lines 20 23).
4/4. Legends and customs involving a haugr howe, cairn occur
frequently in Old Norse literature. The practices referred to here
can be compared to those in the first chapter of the U redaction of
Hervarar saga ok Heiðreks, which may refer to the public worship
of heathen gods (cf. Heiðreks saga, 66 67).
The context in which vi is used, as one of five objects of the
verb haita call upon , suggests that it might mean something more
concrete and specific than simply a holy place , but no assump-
tions can be made from any archaeological finds (cf. Olsen 1965,
77 78, 84, 278 82). A summary of the theories surrounding the
relationship between vi and the town name Visby is to be found in
Peel (GS xlii xliii, 43 45).
NOTES 75
Prohibition of sacrifice, witchcraft and other heathen practices is
laid down in UL Kkb 1, in GulL 29 (NGL 1, 18) and in GulKrR 3
(NGL 2, 307 08). It is forbidden in EidsL I 24 (NGL 1, 383) to
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