Saga - 2016, Page 109

Abstract
sve inb jörn ra fns son
ASyLUM AND SANCTUARIeS IN THe AGe oF THe STURLUNGS
Iceland’s oldest sources on the right of asylum, or grið, are reviewed in this article.
even though more ancient asylum laws and customs existed, the word grið has
not been found earlier than in some written Anglo-Saxon references of the Viking
era. Historical laws on asylum and requests for asylum appeared later in Grágás,
a code of laws dating from the Icelandic Commonwealth Period.
Grágás also contains legal provisions on the strange phenomenon of
fjörbaugsgarður, which was a sentence of exile from Iceland for three years.
Provided that the person sentenced was able to pay any outstanding debts, in
addition to a monetary penalty, this person was allowed three summers to find a
means of transport overseas and during this time could enjoy asylum at three
households as well as en route between them. Anyone who did not manage to get
transported overseas during these three summers was seen as a fully guilty
outlaw, whom others had the right to kill without paying compensation. on the
other hand, if the person managed to arrive overseas and stay there for three years,
s/he was entirely relieved of any guilt in Iceland. Such provisions indicate that
the laws showed consideration for those who were prosperous or belonged to the
upper echelons of society. Closer examination supports a suggestion by the
German scholar August klostermann, who by 1900 had already observed that
these statutes were influenced by Mosaic law.
This insight means that the fjörbaugsgarður law can hardly have originated
prior to the 11th century. Christianity was being introduced into Iceland at that
time and may have met opposition in some locations, with churches being too few
and small to fulfil the role of sanctuaries. The most recent reports of fjörbaugsgarður
sentences, those in the Saga of Sturla, date back to 1160. Since those cases were
concluded through conciliation, the fjörbaugsgarður law appears to have already
become inadequate or outdated by then. on the other hand, the Icelandic sagas
which were written down in the 13th century appear to rely on the Grágás text
and occasionally to misunderstand it.
It was only in 1190 that the archbishop at Trondheim decreed for Norway and
Iceland a canonical version of church sanctuary as well as asylum for women,
though this decree has only been preserved in one Icelandic manuscript. Judging
by narrative sources, particularly in the Saga of the Sturlungs, this episcopal
directive on asylum remained largely ineffective in Norway and Iceland until past
1240. After that time, canonical asylum seems to have been respected, probably
relating to a compromise between the Pope and the Norwegian monarch, as well
as to the coronation of king Hákon in 1247. Several laws from the late 13th century
show clearly that canonical acts on church sanctuary (kirkjugrið) and protection
for women (kvennagrið) had come into force in Iceland by that time.
um grið og griðastaði á sturlungaöld 107
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