From the provincial laws to the Law of the Land
The Laws of the Land were based on a long legal tradition with roots dating back to the Viking Age and contain many elements of older jurisprudence. As stated in the Prologue, the aim was “to improve most law books in the land”. The old provincial law codes were used in the regional assemblies Gulathing, Frostathing, Eidsivathing, and Borgarthing until they were replaced by the Laws of the Land in 1274. The Gulathing and Frostathing laws are probably the oldest, with parts of them dating as far back as the 10th century.
The provincial law codes were collections of legal rules that came into being over time through court decisions at the regional assemblies. Therefore, they were very different from a comprehensive, well-worked piece of legislation, such as the Laws of the Land. Initially, the provincial law codes were based on oral tradition, memorized and performed by heart. We believe that it was only towards the late 11th century or the early 12th century that the provinical laws of Gulathing and Frostathing were written down for the first time.
The oldest preserved fragments of the Gulathing law date from ca 1180, and the oldest complete text is from the mid-13th century. Fragments of the Frostathing law are known from the first half of the 13th century, but the entire legislation is known only from 17th-century copies. From both the Eidsivathing and Borgarthing laws, it is mostly the Christianity sections – i.e. the content related to the Christian Law – that are preserved. The Gulathing and Frostathing laws have several similarities but also many differences because of the various regional conditions and legal praxes.
Conversely, the Laws of the Land were intended to ensure a common law for the entire kingdom. King Magnus proposed revised versions of the Gulathing law in 1267 and of the Borgarthing and Eidsivathing laws the following year. However, the revisions to the Frostathing law were rejected by the Frostathing assembly, probably on advice from Archbishop Jon Raude. When referring to provincial laws in this exhibition, we mean the older provincial law codes – mainly the laws of Gulathing and Frostathing.
