Bjarkey laws
Encyclopedia
The Bjarkey laws were the laws and privileges of medieval Scandinavian merchant towns (birks)
.
In Norway
, the Bjarkey laws concerned all the merchant towns and also every location with trade, such as fishing villages and market locations. There are two versions, an early and a late bjarkey law, of which the early one only remains as fragments and concerned the merchant town of Nidaros
. It was included in the revised law of Magnus VI of Norway
(1238-1280). The later Bjarkey law was created primarily for the merchant town of Bergen
and only the most necessary amendments were made for other merchant towns. The extant manuscripts are very much in agreement, even when they explicitly concern different merchant towns. The late law was accepted at a ting
in Bergen
in 1276, and is divided into nine sections of which the last one, the Farmannalög is a kind of sea law.
In Sweden
, it is the oldest law put to paper for a town, and was probably written in the late 13th century or the early 14th century, influenced by the revision of the Uppland Law. The oldest manuscript for the law is from c. 1345. The law was created for the young town Stockholm
and its custom
s, but it was also used in Lödöse
and probably in a few other towns, as well. No town was allowed to use the law without the formal permission by the Swedish king. Its use may have become more widespread if it had not been superseded by the new town law by king Magnus Eriksson
(1316–1377). The term Bjarkey Laws was however used for a long time for Magnus Eriksson's law in various locations.
Some Swedish scholars have suggested that the laws are considerably older than the 13th century in Sweden. Hadorph proposed that it was created as early as 832 by king Björn at Hauge for the merchant town of Birka
.
Birk (market place)
Birk was during the Scandinavian Middle Ages the name for a demarcated area, especially a town or a market place, with its own laws and privileges, the Bjarkey laws....
.
In Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, the Bjarkey laws concerned all the merchant towns and also every location with trade, such as fishing villages and market locations. There are two versions, an early and a late bjarkey law, of which the early one only remains as fragments and concerned the merchant town of Nidaros
Nidaros
Nidaros or Niðarós was during the Middle Ages, the old name of Trondheim, Norway . Until the Reformation, Nidaros remained the centre of the spiritual life of the country...
. It was included in the revised law of Magnus VI of Norway
Magnus VI of Norway
Magnus VI Lagabøte or Magnus Håkonsson , was king of Norway from 1263 until 1280.-Early life:...
(1238-1280). The later Bjarkey law was created primarily for the merchant town of Bergen
Bergen
Bergen is the second largest city in Norway with a population of as of , . Bergen is the administrative centre of Hordaland county. Greater Bergen or Bergen Metropolitan Area as defined by Statistics Norway, has a population of as of , ....
and only the most necessary amendments were made for other merchant towns. The extant manuscripts are very much in agreement, even when they explicitly concern different merchant towns. The late law was accepted at a ting
Thing (assembly)
A thing was the governing assembly in Germanic and introduced into some Celtic societies, made up of the free people of the community and presided by lawspeakers, meeting in a place called a thingstead...
in Bergen
Bergen
Bergen is the second largest city in Norway with a population of as of , . Bergen is the administrative centre of Hordaland county. Greater Bergen or Bergen Metropolitan Area as defined by Statistics Norway, has a population of as of , ....
in 1276, and is divided into nine sections of which the last one, the Farmannalög is a kind of sea law.
In Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, it is the oldest law put to paper for a town, and was probably written in the late 13th century or the early 14th century, influenced by the revision of the Uppland Law. The oldest manuscript for the law is from c. 1345. The law was created for the young town Stockholm
Stockholm
Stockholm is the capital and the largest city of Sweden and constitutes the most populated urban area in Scandinavia. Stockholm is the most populous city in Sweden, with a population of 851,155 in the municipality , 1.37 million in the urban area , and around 2.1 million in the metropolitan area...
and its custom
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
s, but it was also used in Lödöse
Lödöse
Lödöse is a locality situated in Lilla Edet Municipality, Västra Götaland County, Sweden. It had 1,265 inhabitants in 2005...
and probably in a few other towns, as well. No town was allowed to use the law without the formal permission by the Swedish king. Its use may have become more widespread if it had not been superseded by the new town law by king Magnus Eriksson
Magnus IV of Sweden
Magnus Eriksson as Magnus IV was king of Sweden , including Finland, as Magnus VII King of Norway , including Iceland and Greenland, and also ruled Scania . He has also vindictively been called Magnus Smek...
(1316–1377). The term Bjarkey Laws was however used for a long time for Magnus Eriksson's law in various locations.
Some Swedish scholars have suggested that the laws are considerably older than the 13th century in Sweden. Hadorph proposed that it was created as early as 832 by king Björn at Hauge for the merchant town of Birka
Birka
During the Viking Age, Birka , on the island of Björkö in Sweden, was an important trading center which handled goods from Scandinavia as well as Central and Eastern Europe and the Orient. Björkö is located in Lake Mälaren, 30 kilometers west of contemporary Stockholm, in the municipality of Ekerö...
.
Source
External links
- The oldest version of the Swedish Bjärköarätten Lund university.