Можно предположить, учитывая все вышесказанное, что «Сага о Магнусе Добром и Харальде Суровом Правителе» донесла до нас информацию о неизвестном по другим источникам торговом договоре, заключенном между 1024 и 1028 гг. Ярославом Мудрым и Олавом Харальдссоном.
(Впервые опубликовано: ВЕДС. IX: Международная договорная практика Древней Руси. М., 1997. С. 35–41)
Par var eigi kaupfriðr i milli Sveins ok Jarizleifs: A Russian-Norwegian Trade Treaty Concluded in 1024–1028?
Elena A. Melnikova
The legal regulation of trade connections between Ancient Russia and Scandinavian countries is usually supposed to start in the late twelfth century[1237] as the earliest extant trade treaty is dated to 1191–1192[1238]. The treaty was concluded by Novgorod authorities with Gotland (OR Gotskij bereg, the Gothic coast) and German towns. It provided for freedom of trade and safety of merchants, defi ned trade procedures, duties, etc., and promoted diplomatic relations.
In the preamble to the treaty, however, an earlier agreement is mentioned. Novgorod prince «Jaroslav Volodimerich having consulted posadnik Miroshka and tysjatskij Jakov confi rms the old treaty [OR mir, peace, peace treaty]…»[1239]. This phrase gave rise to a supposition that the treaty of 1191–1192 was not the first one and that it was preceded by at least one, or more treaties. E. Bonnell suggested that the «old treaty» was concluded not later than in 1160[1240]. W. Rennkamp dated it to 1160–1180[1241] assuming that it appeared as a result of the activities of Heinrich the Lion of Bavaria and Saxony who, according to Helmold’s «Chronica», sent two ambassadors to Denmark, Sweden, Norway, and Russia[1242]. W. Rennkamp regarded it to be a bilateral treaty which regulated trade connections between Russia and Germany. A diff erent dating and interpretation of the «old treaty» was suggested by E. A. Rybina. She thought that it appeared during the domination of Gotland on the Baltic Sea, i. e. in the fi rst half or at the beginning of the twelfth century, and that it regulated the trade between Visby and Novgorod[1243].
In her recent study A. L. Choroškevič accepted W. Rennkamp’s dating of the agreement mentioned in the text of the 1191–1192 treaty, but she thought that there could have been two or even more earlier agreements of Novgorod with diff erent partners. She isolated three chronological strata corresponding to earlier treaties in the 1191–1192 text, the oldest one dating to the early eleventh century, the «old treaty» concluded in the 1160s, and the extant text compiled in 1191–1192. The oldest part of the treaty, according to A. L. Choroškevič, comprised clauses concerning payments for diff erent off ences of free men, their wives, and daughters as well as the procedure of extracting debts on merchants. These regulations resemble, in A. L. Choroškevič’s opinion, those codifi ed in the short version of the «Russian Law» compiled in 1015–1016 by Jaroslav the Wise to improve the relations between his Varangians and the Novgorodians[1244].
This hypothetical early eleventh-century treaty of Novgorod left no traces in Old Russian written sources. However, there seems to exist an allusion to a possible trade agreement of Ancient Rus’ and Norway in the times of Olaf Haraldsson in one of the Old Norse-Icelandic kings’ sagas. This allusion is incorporated in a story about the voyage of two Norwegians, Björn and Karl, to Rus’. The story forms a part of a narration about the stay of Magnus the Good, the son of Olaf Haraldsson, in Rus before his return to Norway.
Magnus’s stay in Rus’ is described at length only in «Magnúss saga góða ok Haralds harðráða» which is included in «Morkinskinna» and «Flateyarbók» and its fi rst part as a separate «Saga Magnúsar konungs ens góða» exists in «Hulda». The compilation found in «Morkinskinna», GkS 1009 fol. (ca. 1275), is thought to be originally produced at the beginning of the thirteenth century and revised in 1220–1230. The compiler used «Ágrip af noregs konunga sögum» (ca. 1190) and skaldic verses, but his sources for the major part of the text, including «Magnúss saga góða ok Haralds hardráða» are obscure[1245]. According to Finnur Jónsson, the compiler of «Morkinskinna» based on separate sagas about Magnus, Harald and other kings which were composed between 1150 (or 1160) and 1180[1246]. At the moment, the existence of only one separate early saga, that of Harald the Hard-Ruler, seems probable. G. Inderbø found no proofs for the existence of early separate sagas about Norwegian kings after Olaf Haraldsson. He supposed that «Morkinskinna» was an original composition and it was the fi rst attempt to present the history of Norwegian kings after Olaf the Saint[1247]. Though with some reservations, Th.M. Andersson shared this opinion and included «Morkinskinna» into a group of original kings’ sagas created between 1190 and 1220 and defined it as «a firsthand narrative drawn directly from skaldic and oral prose tradition»[1248].
The same narration about Magnus’s stay in Rus’ is also present in «Flateyjarbók», GkS 1005 fol. (1387–1394), in «Magnúss saga góða ok Haralds hardráða» written on additional leaves of the second half of the fi fteenth century and in «Saga Magnúsar konungs ens góða» in «Hulda», AM 66 fol., compiled in the mid-fourteenth century on the basis of «Morkinskinna» and «Heimskringla».
Another and a much shorter version of Magnus’s stay in Rus’ is found in Snorri’s «Heimskringla». It is included in «Óláfs saga helga» as «Magnúss saga góða» starts with Magnus’s return to Norway. Snorri’s main sources for this part were «Morkinskinna», «Óláfs saga helga» (Styrmir’s variant and «the Oldest saga») and especially «Bergsöglisvísur» of Sigvat Thordarson.
Thus there exist two versions of the narration about Magnus’s stay in Rus, an extended one in «Morkinskinna» repeated in «Flateyjarbók» and «Hulda» and an abridged one in Snorri’s «Heimskiingla». The extended narration consists of four major episodes. The fi rst one tells how Magnus found himself at the court of Jaroslav the Wise, the great Russian prince. The second describes Magnus’s stay with Jaroslav. The third deals with the voyage of Björn and Karl and their later activities to prepare the return of Magnus to Norway. The fourth relates about a Norwegian embassy under Kalf Arnason and Einar Thambarskelfi r to Rus’ to bring Magnus back to Norway. In his version Snorri made use of only two subjects. He mentioned in passing that on his escape to Rus’, Olaf took Magnus with him (ch. CLXXXI) and told about the embassy of Kalf Arnason and Einar Thambarskelfi r (ch. CCLI). Neither Magnus’s deeds at Jaroslav’s court nor the voyage of Björn and Karl are mentioned by Snorri.
Before analyzing the retelling about this voyage, it seems important to say a few words about the nature of the preceding episodes. «Magnúss saga góða ok Haralds harðráða» begins with the fi rst episode telling about the events that caused Magnus’s arrival to Rus’. According to the saga, Jaroslav built a magnifi cent hall which Ingigerd, his wife, a Swedish princess, thought quite remarkable, but still inferior to the hall of Olaf Haraldsson. The king got angry and slapped Ingigerd in the face. As a compensation for the insult, Ingigerd demanded to invite Magnus, the son of Olaf Haraldsson, as a fóstri. Jaroslav forwarded an embassy to Olaf who accepted the invitation and sent Magnus to Rus’.
The episode seems to derive from the Old Norse tradition about the marriage of Ingigerd and Jaroslav[1249]. Ingigerd, the daughter of the Swedish king Olaf Skötkonung, was promised as a wife to Olaf Haraldsson, but the marriage was broken and she became the wife of Jaroslav the Wise. Later Olaf married her sister Astrid. The saga tradition about Ingigerd is dominated by two conceptions, her lasting love to Olaf Haraldsson and her mental superiority over Jaroslav. Sagas stress Ingigerd’s attachment to Olaf on many occasions and motivate many of her actions by «their secret love» («því at hvárt þeirra unni öðru með leyndri ást»)[1250]. Most common is Ingigerd’s comparison of Jaroslav and Olaf in favour of the latter. In the discussed episode Ingigerd’s estimation of his hall is explained by Jaroslav in full agreement with this conception: «oc synir þv enn ast þina viþ Olaf konvng» («and show you again your love for king Olaf»)[1251].
Another feature determining Ingigerd’s image in sagas, is her domineering personality. Ingigerd is described as a resolute, brave and wise woman, whereas the stereotype image of Jaroslav presents him as a weak and indecisive ruler, stingy and vindictive, always ready to employ Scandinavians and to shift off the burden of responsibility to his Scandinavian counselors or commanders-in-chief. The saga image of Jaroslav, profoundly diff erent from that in Old Russian sources, is subordinated to the tendency to glorify a Scandinavian konung in Rus[1252]