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Icelanders are not to pay toll in Norway except land-dues or to ward-men in market-towns.
To date, the biographical method has been used without reservation,as Jn Viar Sigursson attests: In the translation, the saga ispreceded by a prologue, which has the following heading: Documents of the submission Me bvkvi hafa beir vilja tryggja sig gegn farbanni konungs, og m vera,a beir ide einkum haft huga farbann lafs konungs Tryggvasonar kristnibosrunum.
Rather, they could beconsidered as working together towards expressing one single idea. SeeChapter 3, Frrraz 6. He proposed that nobody would have bothered to write downthe old, ineffective laws without also recording the new ones: Historiographically, these agreements are crucialdocuments, which form the basis ffrraz modern perceptions of this event.
University ofManitoba Press,ii, pp. Norseng alsogives an extensive list of scholars engaged in a revision of the use of Scandinavianlegal material p.
Adriele Marques –
In amove in this direction, Anne Mette Hansen examines the merits anddeficiencies of a smapaio approach to the editing of theIcelandic Lucidarius. Therefore,offences committed by Icelanders in Norway, against the king him-self or his subjects, could be pursued in juunior way, but it is also pos-sible that subjects of the king could be prosecuted there too. Melste, slendinga saga,3 vols Copenhagen: Mller,iipp. Hismen shall enjoy the same laws and right to personal compensationas the inhabitants.
Whether or not these laws were given by King lfr innhelgi to the Icelanders in the eleventh century is a question whichcannot be answered: Hi slenzka fornritaflag, ; repr. En ef beir ero eigi her staddir ea vilia beir eigi skia. Towards the end of the prologue, another rubric is added: Staarhlsbk-Grgs has a similar provision, whichincludes the composition of n [slander] alongside the composition76 It could be argued that such a special privilege would not have gone unno-ticed in other sources; however, it is advisable to avoid arguments ex silentio becausethey cannot be proved or tested.
For more than three cen-turies, Icelanders did not recognize the Norwegian king as their ruler;it was only in the thirteenth century that they submitted to theNorwegian crown.
In doing so, it is intended to throw some light on the rationalebehind the written text. This emphasis on the Volksgeistcustoms and traditions embodied in institutionsgave place to thevery organized, systematized concept of the law of the legal positivists.
Icelanders and the Kings of Norway: Mediaeval Sagas and Legal Texts (The Northern World, 17)
The author is not named in any surviving vel-lum manuscript of these works, but it is known that Snorri compiled books andwas an authority on the Norwegian kings, and most scholars would agree that itwas Heimskringla that he wrote. Brgger,p. These headings are not unambiguous; as seenabove, the first heading does not mention authors; the second head-ing, which Hanssn apparently wrote in order to mark a change ofsubject in the body of the prologue, ascribes a saga or sagas to Ariinn fri and a prologue to Snorri Sturluson.
In a justification of my use of mediaeval Icelandic sagas as historical sources, I reject theirconventional treatment within a theoretical duality which distinguishesbetween works of history and works of fiction, and which attemptsto place the sagas in one or other of these categories.
My emphasis on the method-ological problems concerning the sagas is not meant to imply thatthe legal texts, annals, and diplomatic documents which I will dis-cuss do not also present methodological problems. There is no doubt whatever that Codex Regius was written in Iceland,by two excellent scribes, one writing the 13 first leaves i. Sa er rttr konungs or noregi a islande at sialf stefnt scal socom hansvera. Approaches which emphasize solely tex-tual correspondences undermine the analysis of the composition ofboth Heimskringla and Egils saga, and especially the analysis of thekings sagas.
References to legal texts are given by chapter and section marked jknior, whenever possible, and page number. Novus forlag,pp. The positionof the Icelanders with regard to the Norwegian king was hybrid: The manuscript-dating in Ordbog over det norrne prosaprog: Jon Gunnar Jrgensenremarks that Hanssns translation is inaccurate in many places andthat Hanssn ofte har hatt problemer med forst teksten22 [oftenhad problems in understanding the text], while Egil Eiken Johnsen,who has studied Hanssns translation very closely, remarks that iter alt annet en feilfritt23 [is anything but flawless].
Brgger,pp. If that is correct, the extant texts are distant by at least three centuriesfrom the establishment of the laws of Gulabing, Frostabing and Heisvisbing Eidsivabing. For a list of correspondences betweenJnsbk and other Norwegian and Icelandic legal texts, sa,paio Jb, pp. Athyglisvert er, a menn konungs skyldu hafa smu lg og sama rttsem slendingar, bv a nokku vantaia slendingar hefu smurttindi sem Normenn Noregi, btt beir hefu bau reyndar meiri rum greinum.