The Swedish Medieval Law Codes

Home , Regions of Sweden, Svealand, Uppland

chapter 1 The Swedish Medieval Law Codes

The normative sources studied in this book are primarily the law codes of mainland medieval Sweden.1 The purpose is to study how gender influenced legislation, not legal practice. There are, in fact, no court records from the period that could be used to illuminate legal practice. Preserved court records are not only from a much later period, the end of the fifteenth century, but also from urban communities. As such, they do not shed light on the changes that took place in the main time period of this study, the first half of the thirteenth century to the mid-fourteenth century.2 The Swedish medieval laws consist of provincial laws, two town laws, and the two Laws of the Realm.3 The provincial laws were used in different regions of Sweden and are usually divided into two groups: the Göta Laws and the Svea Laws. The Göta Laws were valid in Götaland: the southern and western part of Sweden. The Svea Laws were valid in Svealand: the northern and eastern part of Sweden. The Older and Younger Västgöta Laws, the Östgöta Law, and the Småland Law (or the Tiohärad Law, as it is also called) all belong to the western Göta Laws. However, the only part of the Småland Law that has been preserved is the Church section. The Svea Laws consist of the Uppland Law, Västmanna Law, Hälsinge Law, Dala Law, and Södermanna Law. Of the provincial laws, the Uppland and Södermanna Laws distinguish themselves by having confirmation charters. The Uppland Law was confirmed by the king in 1296 and the Södermanna Law in 1327. In addition to these laws, specific town laws were established early on. The oldest municipal law in Sweden is Bjärköarätten, which is believed to have been compiled for

1 This means that the southern part of Sweden, Scania, which at the time belonged to Denmark has been excluded, as has the Guta Law. Gotland belonged to Sweden, but its ties to the main land were weak at times. The Guta Law, or Gotland Law as it is also called, is highly interest- ing, but its legal culture so particular that it deserves its own analysis. 2 The end point of the analysis is 1442 (Christopher’s Law of the Realm), but the main changes in legislation took place with the creation of Magnus Eriksson’s Law of the Realm around 1350. See below. 3 An excellent introduction to Swedish medieval legislation is Thomas Lindkvist, “Law and the Making of the State in Medieval Sweden: Kingship and Communities,” in Legislation and Justice, ed. Antonio Padoa-Schioppa (Oxford: Clarendon, 1997).

Stockholm. However, the only manuscript version that remains is one that was valid in the city of Lödöse, located on the west coast.4 A major change occurred in the legal history around 1350, when a law for the entire kingdom was compiled. This law is usually called Magnus Eriksson’s Law of the Realm, named in honour of the reigning king. A new law for the towns in the kingdom soon followed: Magnus Eriksson’s Town Law, which replaced the older Bjärköarätten. Barely a century later, in 1442, the Law of the Realm was revised; this version is called Christopher’s Law of the Realm. This medieval law code, along with certain important additions, would actually remain valid throughout the early modern period until the Law of 1734 replaced it.

Western Sweden—Göta Laws Eastern Sweden—Svea Laws The Older Västgöta Law The Uppland Law The Younger Västgöta Law The Dala Law The Östgöta Law The Västmanna Law The Småland Law (only the Church section) The Hälsinge Law The Södermanna Law

Town Laws Laws of the Realm Bjärköarätten (the older town law) Magnus Eriksson’s Law Magnus Eriksson’s Town Law Christopher’s Law

It took time for the Law of the Realm to be implemented in society, so the provincial laws and Magnus Eriksson’s Law were used simultaneously for a long period of time. The belief that “old law was good law”5 led to a reluctance to replace law codes or omit older regulations, which might explain why many laws contain conflicting rules. When this was the case, a plaintiff could invoke the rule he thought was oldest or, indeed, best.6 Additionally, Magnus Eriksson’s Law lacked a Church section, due to disputes between representatives from the Church and the king. Therefore, it became necessary to use Church sec- tions belonging to the provincial laws. From the start, each province seemed to have used its own law’s Church section. Over time, however, the Uppland Law’s Church section was used by more and more provinces and came to be regarded

4 Holmbäck and Wessén, Äldre Västgötalagen, Yngre Västgötalagen, Smålandslagen och Bjär köarätten, Inledning, xcii. 5 Per Norseng, “Gammel rett, ny lov—ett fett?,” Norsk Historisk Tidsskrift 66 (1987): 65. 6 Norseng, “Gammel rett, ny lov,” 66.