The Law Among the Norse, Pict & Gael

In such a turbulent society as existed in the Viking Age, one might be forgiven for thinking that no law existed. In frequent cases it probably did not while many conducted themselves by the rule of might is right. But the fact remains that the very word law is a Norse word and thankfully many resorted to it.

The old saying Med lųgum skal land byggja (with law shall land be built) is a true one and still exists as the Shetland Islands council motto.

Udal law was the Norse legal system in use in Shetland, Orkney, the Hebrides, the Isle of Man and in those parts of Scotland where the Gall Gael were strong. Udal is related to Othala, the rune of home, land and legacy, which is appropriate as the law largely covers land and shore rights.

It still exists today in Shetland and Orkney, alongside Scots law. In the Isle of Man the present legal system still derives from Norse law.

Legal gatherings in ancient times often took place at a lųgberg or law hill. There was one used by the Norse at Govan near Glasgow after the fall of Dumbarton to Olaf the White and Ivar the Boneless.

After taking power, King Kenneth mac Alpin is credited with setting a legal code applying to Pict, Gael, Norse and Angle throughout the kingdom. The mormaers or high stewards who governed each province were expected to be fully acquainted with the law and to instruct the sons who were to succeed them.

The Code Mac Alpin as it was known, if enforced, did not put up with any nonsense. Murderers, robbers and rapists were decapitated. Those guilty of sorcery were burned to death. Even mormaers were hung if they were found wanting in the administration of the law or were corrupt.

The Norse lawman was known as just that - logmašr. In Lewis the position of logmašr was a hereditary one and was held by the Morrissons. The original title was lögsomašr (law-man). Another title was lawspeaker. At the žing or assembly, legal disputes involving anything from the theft of a cow to homicide and blood feud were heard. In Norse the word doom was closely linked with fate and judgement, so as domandi (judgement man) the lawspeaker was viewed with reverence. Wherever he happened to be at any time, in field or dwelling, on horse or foot, was considered a court of law. He promised to make judgement between two men as evenly as the backbone of a herring lies between its two sides. A plaintiff would put his foot upon the foot of the defendant until the lawman settled matters. The law was not written down, but passed on from lawman to lawman and memorised. This was the law in the Hebrides and Man.