Gutalagen: A Provincial Law Code

In his book Svensk Rättshistoria (Swedish Legal History), published in Lund in 1980, Professor Göran Inger states that the provincial laws (or legal systems) began to be documented in the 13th century. He notes that "The oldest provincial laws are law books, i.e., private records of the oral law delivered by the lawman, and they are rarely systematic."

This is generally true, except for Gotland. Gutalagen is a fully structured law book, believed to have been written down in the 1220s, making it the oldest legal code in what is now Sweden. At the time, provincial laws were typically divided into two main groups: the Svea laws, which governed central Sweden (Svealand), and the Götaland laws, which applied to southern Sweden (Götaland). However, Gutalagen is treated separately because it was a distinct legal system for Gotland, which was considered its own independent region.

The translation of Gutalagen on this website mainly comes from Svenska landskapslagar: Skånelagen och Gutalagen by Holmbäck and Wessén (1943), although we have questioned and revised many sections. There are also older translations and commentaries on Gutalagen, such as Gutalag och Gutasaga by Pipping (1905-07), Gotlands-lagen by Schlyter (Lund 1852), and Gothlandz-laghen by Johan Hadorph (1687).

The Age of Gutalagen

Gutalagen seems older than the commonly cited date of 1220. In a letter from the Archbishop of Lund, Andreas Sunesen, who visited Gotland in 1207, to Bishop Bengt in Linköping, he highlights the importance of having the law written down. He writes, "Just as the island of Gotland is separated from other lands by a wide stretch of sea, so are its inhabitants distinctly different in their legal and customary rights, both secular and ecclesiastical."

This statement clearly indicates that the Gotlanders had established written laws by 1207. It is unlikely that this would have been anything other than Gutalagen. However, no law book from 1207 has been preserved, and the copies we have are from the mid-14th century.

The reason many sources state that the law was written down around 1220 is unclear. What is certain is that Gutalagen is the oldest law in what is now Sweden. It is not a private record of oral statements but a legitimate law book issued by the Gutnaltinget, the highest governing body of the Republic of Gotland.

In his 1687 book, Hadorph suggests that the law was "compiled and used by the most capable men during pagan times on Gotland, but improved with many Christian elements later." While this is a plausible view, it's important to remember that Gotland as a whole was not a Christian land before the 12th century.

Gutalagen and Sweden

During the Middle Ages, Gotland did not participate in the Swedish Eriksgata (the ceremonial journey of the king through the kingdom). The Upplandslagen of 1296 states that after the elected king had completed his Eriksgata, he was legally recognized by the people of Uppsala, Södermanland, Götaland, Gotland, and Småland. However, there is no mention of royal rights in Gutalagen.

By around 1350, the Swedish kingdom had progressed to the point of issuing national laws, about 150 years after Gotland had done so. Magnus Eriksson issued a general national law for rural Sweden and a separate city law for urban areas (a revised version of this law was confirmed in 1442 and is known as Kristoffers landslag).

These mainland Swedish laws, however, were never in effect on Gotland, where Gutalagen remained in use until at least 1595. The Upplandslagen’s 1295 provision regarding who was king of Gotland was not valid law on the island.

According to Gutasagan, the Gotlanders voluntarily came under the rule of the Swedish king. However, it is noted that if the king wanted to communicate with the Gotlanders, "A sealed letter with the king’s seal must be sent to all who hold royal rights, and not opened." This means that the Swedish king could only issue commands on Gotland if the Gutnaltinget agreed.

This kind of detail is often ignored when it is claimed that Gotland was a Swedish protectorate. It is also assumed that the Swedes had large fleets in the Baltic Sea during the Viking Age, capable of defending Gotland from pirate attacks or hostile nations. Swedish authors often portray Gutasagan as an expression of Gotland's desire for independence, which they argue contradicts tales of Swedish Viking-era power and wealth.

Further Commentary

Hugo Yrwing, in Gotlands Medeltid (Gotland's Middle Ages), suggests that Gutalagen does not mention the Swedish king because Gotland was a tribute-paying protectorate of Sweden, according to the bilateral agreement found in Gutasagan.

The story goes that Avair Straibain made a formal agreement with the Swedish king on behalf of the Gotlanders, who had already determined the payment terms. The agreement stated that the Gotlanders would voluntarily submit to the Swedish king in exchange for freedom to travel within the Swedish kingdom without paying tolls or fees. In return, the Swedes were allowed to travel to Gotland without restrictions, and the king was obligated to provide protection when necessary.

Yrwing's suggestion that Gotland was a Swedish protectorate because of the Gotlanders' interest in trade in Mälaren is seen by some as exaggerated. Notably, Avair himself took a larger payment for negotiating the agreement than the total annual tax paid to the Swedes.