Swedish provincial laws
Encyclopedia
The Norse laws were originally memorized by the lawspeaker
s, but after the end of the Viking Age
they were committed to writing. Initially they were geographically limited to minor jurisdictions (lögsögur), and the Bjarkey laws
concerned various merchant towns, but later there were laws that applied to entire Scandinavian kingdoms.
The court assembly, the thing
, used the law and heard witnesses to rule whether the accused was guilty or not. There were usually two types of punishment: outlaw
ing and fines. In rare cases the accused could also be sentenced to death. The most common means of justice were however fines; the amount varied depending on the severity of the offense.
(Icelandic: Grágás) and they were a collection of laws from the Icelandic Commonwealth
period consisting of Icelandic civil laws and the laws governing the Christian church in Iceland.
used in the Scanian lands, the Zealandic Law used in Zealand and Lolland
, and the Jutlandic Law used in Jutland
(both North
and South) and Funen
. The Scanian lands were Danish until the middle of the 17th century, and the Scanian Law predates Sweden's similar provincial laws. It was written down around 1200 and exists in several law manuscripts. The earliest extant manuscript, SKB B74 was created between 1225-1275 and is now housed at the Swedish Royal Library
. Another copy, the Codex Runicus
, was written entirely in runic lettering around 1300 and is now held at the Arnamagnæan Institute at the University of Copenhagen
. These manuscripts are however copies of older lawtexts and the Scanian Law is thus counted as one of the oldest provincial laws in the Nordic countries
.
All three provinsial laws were given by king Valdemar the Victorious
. The youngest of the three, the Jutlandic Law, was given in 1241.http://www.kb.dk/permalink/2006/manus/41/ Zealand was later given two additional laws: King Eric's Zealandic Law and the Zealandic ecclesiastical law. It is remains unclear which king Eric the former law refers to.
The three laws were replaced in 1683 by King Christian V's Danish Law but as this law was never introduced in Schleswig
, the Jutlandic Law remained in force for this jurisdiction. The oldest known copy of the Jutlandic Law, Codex Holmiensis 37 is currently owned by the Swedish Royal Library. Recent research has rejected earlier claims that described this copy as Swedish war booty from 1657-60 wars, as the book appears to have been in Danish ownership during the early 18th century.
during the Middle Ages
. The provinces of Sweden
, or landskap were practically separate countries and had individual laws.
Provincial laws are known to have existed in the provinces of Västergötland
, Östergötland
, Dalarna
, Hälsingland
, Södermanland
, Uppland
, Västmanland
, Värmland
and Närke
. A provincial law also existed for Gotland
, Gutalagen
.
In older times the laws were memorized by a lawspeaker (lagman). Around 1200 the laws began to be transferred to written form. This was probably due to clerical influences.
The oldest of the Swedish provincial laws is the Westrogothic law or Västgötalagen, which was used in the province of Västergötland
, in west Sweden. Like Gutalagen, it was written in its oldest version around 1220. Some regulations are likely to have their origins in the Viking Age
. A stipulation that "no man may inherit while he sits in Greece", for instance, would have been useful during the Viking Age when many Swedes served in the Varangian Guard
but less so when the laws were codified, at a time when such service had all but stopped.
Of the fine, one third was to be paid to the wronged; one third to the hundred
; and one third to the King.
Around 1350, the Swedish provincial laws were replaced by a country law, the Magnus Eriksson
country law. Gutalagen was in use until 1595 and the Scanian Law was in use until 1683.
context, but also for the invaluable information it provides regarding the country and its inhabitants.
The law texts are also among the earliest known sources of the Swedish language
.
Lawspeaker
A lawspeaker is a unique Scandinavian legal office. It has its basis in a common Germanic oral tradition, where wise men were asked to recite the law, but it was only in Scandinavia that the function evolved into an office...
s, but after the end of the Viking Age
Viking Age
Viking Age is the term for the period in European history, especially Northern European and Scandinavian history, spanning the late 8th to 11th centuries. Scandinavian Vikings explored Europe by its oceans and rivers through trade and warfare. The Vikings also reached Iceland, Greenland,...
they were committed to writing. Initially they were geographically limited to minor jurisdictions (lögsögur), and the Bjarkey laws
Bjarkey laws
The Bjarkey laws were the laws and privileges of medieval Scandinavian merchant towns ....
concerned various merchant towns, but later there were laws that applied to entire Scandinavian kingdoms.
The court assembly, the thing
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...
, used the law and heard witnesses to rule whether the accused was guilty or not. There were usually two types of punishment: outlaw
Outlaw
In historical legal systems, an outlaw is declared as outside the protection of the law. In pre-modern societies, this takes the burden of active prosecution of a criminal from the authorities. Instead, the criminal is withdrawn all legal protection, so that anyone is legally empowered to persecute...
ing and fines. In rare cases the accused could also be sentenced to death. The most common means of justice were however fines; the amount varied depending on the severity of the offense.
Iceland
In 1117 the Althingi decided that all the laws should be written down and this was accomplished at Hafliði Másson's farm over that winter and published the following year. The resulting codex is known as the Gray Goose LawsGray Goose Laws
The Gray Goose Laws were a collection of laws from the Icelandic Commonwealth period. The term Grágás was originally used in a medieval source to refer to a collection of Norwegian laws and was probably mistakenly used to describe the existing collection of Icelandic law during the sixteenth...
(Icelandic: Grágás) and they were a collection of laws from the Icelandic Commonwealth
Icelandic Commonwealth
The Icelandic Commonwealth, Icelandic Free State, or Republic of Iceland was the state existing in Iceland between the establishment of the Althing in 930 and the pledge of fealty to the Norwegian king in 1262...
period consisting of Icelandic civil laws and the laws governing the Christian church in Iceland.
Denmark
Medieval Denmark was divided into three jurisdictions each ruled by its own provincial law; the Scanian LawScanian Law
Scanian law is the oldest Danish provincial law and one of the first Nordic provincial laws to be written down. It was used in the geographic region of Danish Skåneland, which at the time included Scania, Halland, Blekinge and the island of Bornholm. It was also used for a short period on the...
used in the Scanian lands, the Zealandic Law used in Zealand and Lolland
Lolland
Lolland is the fourth largest island of Denmark, with an area of 1,243 square kilometers . Located in the Baltic sea, it is part of Region Sjælland...
, and the Jutlandic Law used in Jutland
Jutland
Jutland , historically also called Cimbria, is the name of the peninsula that juts out in Northern Europe toward the rest of Scandinavia, forming the mainland part of Denmark. It has the North Sea to its west, Kattegat and Skagerrak to its north, the Baltic Sea to its east, and the Danish–German...
(both North
Northern Jutland
Northern Jutland is the name for the region north of the Kongeå in Jutland. The region south of the Kongeå is called Southern Jutland . Both territories have had own ting assemblies in the Middle Ages ....
and South) and Funen
Funen
Funen , with a size of 2,984 km² , is the third-largest island of Denmark following Zealand and Vendsyssel-Thy, and the 163rd largest island of the world. Funen is located in the central part of the country and has a population of 454,358 inhabitants . The main city is Odense, connected to the...
. The Scanian lands were Danish until the middle of the 17th century, and the Scanian Law predates Sweden's similar provincial laws. It was written down around 1200 and exists in several law manuscripts. The earliest extant manuscript, SKB B74 was created between 1225-1275 and is now housed at the Swedish Royal Library
Swedish Royal Library
The National Library of Sweden is the national library of Sweden. As such it collects and preserves all domestic printed and audio-visual materials in Swedish, as well as content with Swedish association published abroad. Being a research library, it also has major collections of literature in...
. Another copy, the Codex Runicus
Codex Runicus
The Codex Runicus is a codex of 202 pages written in medieval runes around the year 1300 which includes the oldest preserved Nordic provincial law, Scanian Law pertaining to the Danish land Scania . Codex Runicus is one of the few runic texts found on parchment. The manuscript's initials are...
, was written entirely in runic lettering around 1300 and is now held at the Arnamagnæan Institute at the University of Copenhagen
University of Copenhagen
The University of Copenhagen is the oldest and largest university and research institution in Denmark. Founded in 1479, it has more than 37,000 students, the majority of whom are female , and more than 7,000 employees. The university has several campuses located in and around Copenhagen, with the...
. These manuscripts are however copies of older lawtexts and the Scanian Law is thus counted as one of the oldest provincial laws in the Nordic countries
Nordic countries
The Nordic countries make up a region in Northern Europe and the North Atlantic which consists of Denmark, Finland, Iceland, Norway and Sweden and their associated territories, the Faroe Islands, Greenland and Åland...
.
All three provinsial laws were given by king Valdemar the Victorious
Valdemar II of Denmark
Valdemar II , called Valdemar the Victorious or Valdemar the Conqueror , was the King of Denmark from 1202 until his death in 1241. The nickname Sejr is a later invention and was not used during the King's own lifetime...
. The youngest of the three, the Jutlandic Law, was given in 1241.http://www.kb.dk/permalink/2006/manus/41/ Zealand was later given two additional laws: King Eric's Zealandic Law and the Zealandic ecclesiastical law. It is remains unclear which king Eric the former law refers to.
The three laws were replaced in 1683 by King Christian V's Danish Law but as this law was never introduced in Schleswig
Schleswig
Schleswig or South Jutland is a region covering the area about 60 km north and 70 km south of the border between Germany and Denmark; the territory has been divided between the two countries since 1920, with Northern Schleswig in Denmark and Southern Schleswig in Germany...
, the Jutlandic Law remained in force for this jurisdiction. The oldest known copy of the Jutlandic Law, Codex Holmiensis 37 is currently owned by the Swedish Royal Library. Recent research has rejected earlier claims that described this copy as Swedish war booty from 1657-60 wars, as the book appears to have been in Danish ownership during the early 18th century.
Swedish provincial laws
The Swedish provincial laws(in Swedish landskapslag) were the means of law holding in SwedenSweden
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....
during the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
. The provinces of Sweden
Provinces of Sweden
The provinces of Sweden, landskap, are historical, geographical and cultural regions. Sweden has 25 provinces and they have no administrative function, but remain historical legacies and the means of cultural identification....
, or landskap were practically separate countries and had individual laws.
Provincial laws are known to have existed in the provinces of Västergötland
Västergötland
', English exonym: West Gothland, is one of the 25 traditional non-administrative provinces of Sweden , situated in the southwest of Sweden. In older English literature one may also encounter the Latinized version Westrogothia....
, Östergötland
Östergötland
Östergötland, English exonym: East Gothland, is one of the traditional provinces of Sweden in the south of Sweden. It borders Småland, Västergötland, Närke, Södermanland, and the Baltic Sea. In older English literature, one might also encounter the Latinized version, Ostrogothia...
, Dalarna
Dalarna
', English exonym: Dalecarlia, is a historical province or landskap in central Sweden. Another English language form established in literature is the Dales. Places involving the element Dalecarlia exist in the United States....
, Hälsingland
Hälsingland
' is a historical province or landskap in central Sweden. It borders to Gästrikland, Dalarna, Härjedalen, Medelpad and to the Gulf of Bothnia...
, Södermanland
Södermanland
', sometimes referred to under its Latin form Sudermannia or Sudermania, is a historical province or landskap on the south eastern coast of Sweden. It borders Östergötland, Närke, Västmanland and Uppland. It is also bounded by lake Mälaren and the Baltic sea.In Swedish, the province name is...
, Uppland
Uppland
Uppland is a historical province or landskap on the eastern coast of Sweden, just north of Stockholm, the capital. It borders Södermanland, Västmanland and Gästrikland. It is also bounded by lake Mälaren and the Baltic sea...
, Västmanland
Västmanland
' is a historical Swedish province, or landskap, in middle Sweden. It borders Södermanland, Närke, Värmland, Dalarna and Uppland.The name comes from "West men", referring to the people west of Uppland, the core province of early Sweden.- Administration :...
, Värmland
Värmland
' is a historical province or landskap in the west of middle Sweden. It borders Västergötland, Dalsland, Dalarna, Västmanland and Närke. It is also bounded by Norway in the west. Latin name versions are Vermelandia and Wermelandia. Although the province's land originally was Götaland, the...
and Närke
Närke
' is a Swedish traditional province, or landskap, situated in Svealand in south central Sweden. It is bordered by Västmanland to the north, Södermanland to the east, Östergötland to the southeast, Västergötland to the southwest, and Värmland to the northwest...
. A provincial law also existed for Gotland
Gotland
Gotland is a county, province, municipality and diocese of Sweden; it is Sweden's largest island and the largest island in the Baltic Sea. At 3,140 square kilometers in area, the region makes up less than one percent of Sweden's total land area...
, Gutalagen
Gutalagen
Gutalagen is an early Swedish law book from Gotland that officially was in use until 1595, but in practice until 1645. The law book originated in about 1220 and, apart from laws, it also contains the Gutasaga....
.
In older times the laws were memorized by a lawspeaker (lagman). Around 1200 the laws began to be transferred to written form. This was probably due to clerical influences.
The oldest of the Swedish provincial laws is the Westrogothic law or Västgötalagen, which was used in the province of Västergötland
Västergötland
', English exonym: West Gothland, is one of the 25 traditional non-administrative provinces of Sweden , situated in the southwest of Sweden. In older English literature one may also encounter the Latinized version Westrogothia....
, in west Sweden. Like Gutalagen, it was written in its oldest version around 1220. Some regulations are likely to have their origins in the Viking Age
Viking Age
Viking Age is the term for the period in European history, especially Northern European and Scandinavian history, spanning the late 8th to 11th centuries. Scandinavian Vikings explored Europe by its oceans and rivers through trade and warfare. The Vikings also reached Iceland, Greenland,...
. A stipulation that "no man may inherit while he sits in Greece", for instance, would have been useful during the Viking Age when many Swedes served in the Varangian Guard
Varangian Guard
The Varangian Guard was an elite unit of the Byzantine Army in 10th to the 14th centuries, whose members served as personal bodyguards of the Byzantine Emperors....
but less so when the laws were codified, at a time when such service had all but stopped.
Of the fine, one third was to be paid to the wronged; one third to the hundred
Hundred (division)
A hundred is a geographic division formerly used in England, Wales, Denmark, South Australia, some parts of the United States, Germany , Sweden, Finland and Norway, which historically was used to divide a larger region into smaller administrative divisions...
; and one third to the King.
Around 1350, the Swedish provincial laws were replaced by a country law, the 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...
country law. Gutalagen was in use until 1595 and the Scanian Law was in use until 1683.
Heritage
The laws are of interest not only from a legal historyLegal history
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history...
context, but also for the invaluable information it provides regarding the country and its inhabitants.
The law texts are also among the earliest known sources of the Swedish language
Swedish language
Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish...
.
Customary legal systems
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(EnglandEnglandEngland is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
) - AqsaqalAqsaqalAqsaqal in Turkic languages literally means "white beard", and metaphorically refers to the male elders, the old and wise of the community...
(Central AsiaCentral AsiaCentral Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...
) - AdatAdatAdat in Indonesian-Malay culture is the set of cultural norms, values, customs and practices found among specific ethnic groups in Indonesia, the southern Philippines and Malaysia...
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) - UrfUrfUrf العرف is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. To be recognized in an Islamic society, Urf must be compatible with Sharia law...
(Arab WorldArab worldThe Arab world refers to Arabic-speaking states, territories and populations in North Africa, Western Asia and elsewhere.The standard definition of the Arab world comprises the 22 states and territories of the Arab League stretching from the Atlantic Ocean in the west to the Arabian Sea in the...
/ ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
Islamic law) - PashtunwaliPashtunwaliPashtunwali or Pakhtunwali is a non-written ethical code and traditional lifestyle which the indigenous Pashtun people from Afghanistan and Pakistan follow. Some in the Indian subcontinent refer to it as "Pathanwali". Its meaning may also be interpreted as "the way of the Pashtuns" or "the code of...
and JirgaJirgaA jirga is a tribal assembly of elders which takes decisions by consensus, particularly among the Pashtun people but also in other ethnic groups near them; they are most common in Afghanistan and among the Pashtuns in Pakistan near its border with Afghanistan...
(Pashtun peoplePashtun peoplePashtuns or Pathans , also known as ethnic Afghans , are an Eastern Iranic ethnic group with populations primarily between the Hindu Kush mountains in Afghanistan and the Indus River in Pakistan...
of PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
) - SmritiSmritiSmriti literally "that which is remembered," refers to a specific body of Hindu religious scripture, and is a codified component of Hindu customary law. Smṛti also denotes non-Śruti texts and is generally seen as secondary in authority to Śruti. The literature which comprises the Smrti was...
and ĀcāraAcaraAcara may refer to:* Acara , a former region of the Ottoman Empire in present-day Georgia* Blue acara, a colorful freshwater fish* Zebra acara, a tropical freshwater fish...
(IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
) - CoutumeCoutumeCoutumes are legal customs of France.During the Middle Ages and early modern period the French kings and their vassals constantly asserted the importance and, in effect, primacy of customary law, especially in the lands north and west of Paris. The area where the French customary law was in force...
(FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
) - Customary Aboriginal lawCustomary Aboriginal lawCustomary law in Australia relates to the systems and practices amongst Aboriginal Australians which have developed over time from accepted moral norms in Aboriginal societies, and which regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with both each other...
(AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
) - Early Germanic lawEarly Germanic lawSeveral Latin law codes of the Germanic peoples written in the Early Middle Ages survive, dating to between the 5th and 9th centuries...
- Early Irish law (IrelandIrelandIreland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
) - Laws of the Brets and ScotsLeges inter Brettos et ScottosThe Leges inter Brettos et Scottos or Laws of the Brets and Scots was a legal codification under David I of Scotland...
(ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) - Welsh lawWelsh lawWelsh law was the system of law practised in Wales before the 16th century. According to tradition it was first codified by Hywel Dda during the period between 942 and 950 when he was king of most of Wales; as such it is usually called Cyfraith Hywel, the Law of Hywel, in Welsh...
(WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
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)