Hirðskrá
The Hirðskrá is the third piece of legislation by Magnus Håkonsson . It is the law of allegiance and came into force in the mid-1870s. Hirð was the bodyguard of the king, jarl or bishop. The last mention in a public document is found in a resolution on the occasion of Margaret's election as regent of Norway in 1388.
prehistory
After the turmoil of the long Norwegian civil war , a period of inner peace began for Norway. The kingship rose to a power that it had never had before. King Magnus wanted to be equal to the rulers of the west and the continental south not only in power and royal rights, but also in way of life. So he imported the way of life of the royal courts serving as models.
The desire to introduce courtly customs of the continent came into play in Hirðskrá's allegiance . An integral part of his efforts to come culturally on par with the continental rulers was the modernization of law. To this end, he sent capable people like Audun Hugleiksson to continental universities and trained them in the sciences that are relevant for the organization of a state. After their return, the legal work began.
The Norwegian king of the old days was not a majesty , he was not raptured over the people into a higher sphere of life; his household was not essentially different from that of a powerful landowner. He was surrounded by a retinue (hirð) of warriors, an always ready, armed and well-trained house troop, like every chief, albeit to a lesser extent. With the growing power of the king in the course of development and the more extensive business, the environment of the king gradually had to develop differently. The warriors stepped back, and the educated, literate and fluent counselors, who were mainly to be found among the clergy, came to the fore. Magnus, however , was no longer satisfied with the old hirð , which was essentially educated for protection and attack and was distinguished by unbreakable loyalty and martial prowess, but not intellectual culture. He wanted to have a court like the great kings of foreign countries around him. This should be a place of refined education and exemplary custom. This is particularly evident in the second part of the Königsspiegel . The Hirðskrá takes his side as a law . Models were the Anglo-Norman royal court in England and the "courtly culture" in France.
Legislative intent
The hirðskrá in chap. 48 states that King Håkon had taken over a rough society that he had to bring up for education and morals. The church supported these intentions. Because she wanted to achieve legislation independent of the king in all spiritual matters, which contradicted the old Norwegian people's church. Therefore, she also granted the king divine right to regulate worldly affairs. The king was no longer a leader raised by the people's declaration of will, to whom the king's name was given on the thing , but was now "by the grace of God" (með Guðs miskunn, as it is called in the prologue). His power was now an institution willed by God, which could not be touched by the subjects without sin. The relationship between the subjects and the king was now also based on religion. Like God, they were obliged to obey ( lýðni ) the king . This is a complete departure from the old law of Frostathingslov , where the right of resistance is still firmly anchored:
"There one should cut the stick and pass it around through all the fylke within the fjord and against it [sc. the king] and kill him if you can. And if he escapes, he should never come back to the country. "
According to the prevailing opinion today, Olav the Saint fell victim to this law (see Olav the Saint ). While earlier kings still spoke of themselves in the singular, Magnus introduced the pluralis majestatis .
The imitation of foreign countries also extended to the names of nobility. The previous lendir menn or the lendmenn , the followers who had been given land by the king, now became barons . There was also an attempt to give the next higher level of nobility, the skutilsveinar, the title of knight ( riddarar ). But this did not last, as there were no armored knight units in Norway that could be used in battle with thrusting lances. The army constitution was geared towards naval warfare, and cavalry was also present in land battles, but never played the predominant role. The core of the army was rather the hirð of the king. The in chap. The armament of the Hirðmenn, described in the Hirðskrá, is designed for combat on foot and from a ship.
Composition of the royal Hirð:
- The stable master (Stallare), the king's supreme follower.
- The standard-bearer (Merkesmann), who was equal to the stable master.
- The Senneschall and the Lehnsmänner ( Skutilsvein ), after 1277 temporarily called Knights (Riddare). The feudal man was called a baron after 1277 .
- The Knappen ( Kjertesvein ), young aristocratic men who were to be introduced to court life and trained in weapons. Later they were to become Skutilsveinar . They did not yet have a sword and were not sworn in to the sword.
- Guard ( feud ). Above all, they watched over the king's fortune. They also kept records of the royal tribute and levy income. They were not armed either.
- Officials ( Gjester ). They were not sworn in directly to the king (handgangene menn), except at Christmas and Easter they did not sit at the royal table and were posted to support the guard, the feudal men and the Sysselmen. They traveled around the country looking for possible enemies of the king, so they formed a kind of intelligence service for the king. They also formed the actual bodyguards of the king, but only received half the Hirð wages.
In Denmark the corresponding right for the royal entourage was called “Vederlagsret”.
Individual evidence
- ↑ Ludvig Ludvigsen Daae : Den Throndhjemske Erkestols Sædesvende og Frimænd. - Internet Archive In: Historisk Tidskrift udgivet af den Norske Historiske Forening. 3rd row, 1st volume, p. 24.
- ↑ PJ Jørgensen: Vederlag . In: Johannes Brøndum-Nielsen, Palle Raunkjær (ed.): Salmonsens Konversationsleksikon . 2nd Edition. tape 24 : Tyskland – Vertere . JH Schultz Forlag, Copenhagen 1928, p. 642-643 (Danish, runeberg.org ).