Attending the Thing – The Settlement of a Conflict
Heimskringla tells of a settled conflict during a thing meeting at Brurberget in Vágar, at the beginning of the 11th century.
Before the Landslov (the Law of the Land) was introduced in Norway in 1274, the legal system was divided into four different lawthings (Gulating, Frostating, Eidsivating and Borgarting), and at a lower level in regional and local tings. The lawthing was a representative assembly and at that time a an appointed lagmann participated to the lawthing as a representative. These representatives were appointed by the king’s men.
All free and able-bodied men could attend the thing, and at the local things some women had the opportunity to participate. Widows took over as heads of the family when their husbands died, and single women who ran farms could stand for election. Women also had the same right to testify as men, and in a court fine from 1313 it was established that women should testify for women, and men for men. This arrangement was probably older than 1313.
The role of women
The women’s role at the thing before the Land Act and under the Law of the Land of Magnus the Lawmender has varied.
In Norse society, women did not often have a seat at the thing, but it was not unusual for women to take part. The thing was not just a place to discuss laws, judgments, liberations and other political situations. It was also a place to meet friends, families and make appointments, it was a social arena. Women, on the other hand, had the opportunity to step into things if necessary, or in some cases also call or have a duty to call in to things. During a case processing in the thing, women did not normally have an active role, but rather a role as conciliation judges.
In fact, in the legal system, women were judged in the same way as men, but with some exceptions. The Norse laws seem to take into account the role and characteristics of women in society. Penalties that were based on financial loss could be milder for women than for men. The sentence of exile was also somewhat milder for women than for men. Women could get help from their relatives if they were exiled, but men had to stand alone.
Was there a difference between men and women?
Exceptions to the woman’s passive role in things in Norse times come when it comes to women who own land themselves. Landowners, woman or man, had the right and duty to attend things. Other exceptions were also that women could be witnesses in the parliament, which gives the impression that women were familiar with laws and proceedings in society.
In Norse society, there were strong and clear gender roles, but if a woman was able to step into what was considered a man’s job/profession, it was in honor of the woman. If, on the other hand, a man was stepping into a woman’s role, it was seen as a shame and men lost honor because of it. Qualities that were valued by both sexes were intelligence, knowledge, guarding one’s seed and honor, and having strong hand power. These qualities build women up to be closer to men in society, so that women could step into male roles when needed.
Women in Norse society had been given several solid roles in the thing, as for example playing important roles as witnesses. The Law of the Land says less about women than the previous lawthing laws (Gulating, Frostating, Eidsivating and Borgarting), but the laws do not seem to take away rights and obligations from women. On the other hand, structural changes in society made it more unfavorable for women. For big things for the whole country, lay judges were sent, which was also introduced in local things gradually. With the introduction of lay judges, the woman’s role in things was diminished, and in the end probably removed.