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and ratified by royal authority. The legal customs
observed in the different provinces, out of which
our old provincial laws were formed, were indeed
generally confirmed by every king, when after his
election at the Mora Stone he made his Eric’s gait
(Eriksgata), or ordinary progress of homage
throughout the country; but the conservation of
the laws was left to the personal care of the
justiciaries, whose duty it is stated to have been, to make
yearly proclamation of them before the people [1].
In the earliest times these appear to have consisted
of short rules for the aidance of the memory,
embodied in verses framed after the fashion then in
use, as the alliteration found in our ancient law
language proves; and a collection of legal rules of
this nature was distinguished by the name of
Flock, which means a collection (or flock) of verses.
As it is expressly stated to have been the function
of the justiciaries “to make and promulgate the
law [2],” while we cannot ascribe to them any right
to enact new rules of their own authority, this may
be so understood as that it belonged to them from
the first, not only to bear in remembrance beyond
others the judiciary customs, but to clothe them in
the form best adapted for recollection, and declare
them in such sort before the people. Therefore the
earliest legislation was uttered by speech, and not
in writing. The law is spoken—a lagsaga, or
law-saying [3]; and the oldest law-giver was a judicial
poet—lagayrkir, a law-maker. Such was Wiger
Spa in the days of heathenism [4], the preface to the
law of Upland tells us; his law is called Wigers
Flockar, or Flocks, and forms the basis of the law
of Upland [5], as the law of the heathen Lumb was
adopted for the framework of that of West Gothland.
It was late before the laws were transferred
from the custody of memory to the records of
ordinary scription; since it is certain that what was
called in the North, after the introduction of
Christianity, “to reduce the law to writing” (att komma
lag i skrift), refers not to the Runes, although
these were even earlier employed for short inscriptions
on stone or wood, but to the manner of writing
now in use, which was introduced by the clergy.
Christianity itself supplied matter for new
legislation which occupied the first place; for the
West-gothic code says, “through Christianity the name
of Christ first came into our laws.” Thus was
formed the so-called Christian or Church section
(Kristnubalk, Kyrkobalk) in the books, and with
the establishment of the Edsöre, or general
land’s-peace, the ordinances deriving therefrom became
common to them all [6]. Particular alterations were
also introduced by St. Eric, Canute Ericson, Eric
Ericson, earl Birger, and Magnus Ladulas.
Meanwhile the laws mostly remained in scattered
collections [7], without any other arrangement than what
the individual text-writer had applied to them for
his own use, till in 1295 the law of Upland was
revised and amended by the Justice of Tiundaland,
Birger Pederson [8] of Finsta, with the aid of twelve
assessors from all the three Folklands. The law in
its new form was proclaimed in the judicial motes,
“approved by all men,” and lastly it received the
written confirmation of king Birger. The style
given to the lagman in the act of confirmation,
“the king’s true servant,” shows that these judges,
from being men of the people, had now become the
men of the king. From this time they continued
to be members of the royal council.
In the year 1298 were celebrated the nuptials of
king Birger with the Danish princess Martha, who
had been betrothed to him from her childhood, and
educated at the Swedish court; four years
subsequently, the coronation of the royal pair, and
the union of duke Waldemar with the Marshal’s
daughter. The condition of the land was prosperous,
and the joy of the people at the harmony
prevailing between the three brothers universal.
But in the following year, when the marshal laid
down the guardianship, and the princes were to
enter upon possession of the dukedoms assigned to
them by Magnus Ladulas, “they began to recollect
how their father, when himself duke, had dethroned
his brother Waldemar, and took counsel thereupon
with one another [9].” The king prevailed upon
Thorkel Canuteson to continue in his service; the
others placed their affairs under the management
of the lord Ambiorn Sixtenson (Sparre), steward of
duke Eric. The magnates arranged themselves in
parties on either side, and then were sown those
discords which were to have so fatal an end. The
continued influence of the marshal gave especial
umbrage to the clergy. The war with the Carelians
and Russians, the pomp and expense with which
the marriages of the royal family had been
solemnized, the cost of maintaining several courts, of
which the marshal’s, after his marriage with a
countess of the German empire [10], seems to have
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