Bjarkey laws in the context of Magnus Lagabøtes bylov


Bjarkey laws in the context of Magnus Lagabøtes bylov

⭐ Core Definition: Bjarkey laws

The Bjarkey laws (Old Swedish: biærköa rætter, Old Icelandic: bjarkeyjar-rettr, Norwegian: bjarkøretten, Danish: bjærkeret, birkeret) 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. 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. This was the first of the revised City Laws of Magnus VI of Norway (1238-1280), known as Magnus Lagabøtes bylov, and integrated into the national Magnus Lagabøtes landslov.

↓ Menu
HINT:

In this Dossier

Bjarkey laws in the context of Magnus Lagabøtes landslov

Magnus Lagabøtes landslov (lit.'Magnus the Lawmender's Law of the Land') was a law covering the whole of Norway, issued by King Magnus VI of Norway, constituted by the regional courts (cf. Things) between 1274 and 1276. The law was the first to apply to Norway as a whole and is one of the first examples of comprehensive national legislation from a central authority in all of Europe. The law is the reason that the king was given the name Lagabøte, "the one who improves the law". Albeit mending the law, with this much more detailed formulation of the law into written text, codification, the law-giving power was to a great extent taken away from the popular assemblies, these higher level regional things (Borgarting, Eidsivating, Gulating and Frostating), by King Magnus VI. He managed to circumvent the traditional authority of these traditional things by the elaboration and codification of the Bjarkeyjarréttr, laws and things for the market-places, cities and towns with trade-rights, also temporary markets (cf: Birk (market place) and Bjarkey laws) that eventually made the cities (Nidaros which is Trondheim, Bergen, Tønsberg) independent from the traditional things (assemblies).

View the full Wikipedia page for Magnus Lagabøtes landslov
↑ Return to Menu

Bjarkey laws in the context of Medieval Scandinavian law

Medieval Scandinavian law, also called North Germanic law, was a subset of Germanic law practiced by North Germanic peoples. It was originally memorized by lawspeakers, but after the end of the Viking Age they were committed to writing, mostly by Christian monks after the Christianization of Scandinavia. 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. Each jurisdiction was governed by an assembly of free men, called a þing.

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: outlawing and fines. The most common means of justice were, however, fines; the amount varied, depending on the severity of the offense. This system was extremely intricate and the fines themselves, singularly a "mulct", were also varied according to the social status of the accused and/or the victim. Disputes of innocence were often solved by trial. These trials consisted of different tests for men and women. However, as long as the courts were not made aware of the crime, it could go unpunished or was settled outside of legal bounds by payment. There was no written code of law until after the Viking Age, but the code of fines, duels, and disavowing criminals was the standard across the Scandinavian world.

View the full Wikipedia page for Medieval Scandinavian law
↑ Return to Menu