Lagmann (Norway)

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The lagman (plural: "lagmenn") was a well-known and respected man in Norway in earlier times who presented and interpreted the law and legal customs on the thing . His lecture on the law was introduced with the words: “Det er vore Loves Ophav, at vi skulle bøie os mod øst og bede til den bright Krist” (This is the beginning of our law that we bow to the east and pray to the Holy Christ). This was followed by the lecture, which was called “Lovmaal” in western Norway, “Lovtale” in eastern Norway and “Lovens fremsigelse” in Trøndelag .

The age of the Lagmann's office is controversial. Konrad von Maurer said that it existed in Norway before emigrating to Iceland . Knut Robberstad also thinks that it is older than the Lagtings constitution. But there is no reliable written source about the Lagmanns office in the old days. The first piece of news is the account of a trial from the beginning of the 12th century. Provisions of the gulathingslov indicate a higher age. It is reported there by a man named Atli that he presented the ordinances of suffering before the gulathing. In Borgathingslov a Berse or Lov-Berse is called. He is said to have presented the legal provisions on the financial circumstances in a marriage. Both lived in the 11th century. It is generally assumed that the lagmen already existed under Erich Blutaxt . They are mentioned in the Egils saga . There a legal dispute between Egil and Berg-Anund on the Gulathing is described, in which Egil calls "feudal men, lagmen and the whole community" as witnesses. However, it cannot be concluded from this that the office existed as such as early as the 1940s. The place in the spring stands alone, and it was not until the 12th century that the lagmann reappeared in the springs. Certainly the mention in the Eidsivathingslov. But the word does not appear in Gulathingslov. From this it is concluded that the Lagmann was initially formed in the Ostland. The proximity to Sweden also makes this likely.

The earliest news of a royal lagman is found in a report on an imperial assembly in Bergen in 1223. Nine lagmen occurred here. The most distinguished of them was Gunnar Grjonbak from Trøndelag. He claimed that he was the oldest lagman in the group who had taken office when King Sverre and Bishop Øystein Erlendsson were living. However, it cannot be inferred from this whether he was the first royal lagman at all.

King Sverre began to appoint royal lagmen to combat ecclesiastical influence over the administration of justice. It was not until King Magnus lagabætir introduced the lagmann as a judge in his Landslov in 1274. He held this position until August 11, 1797. With this, his verdict largely suppressed the decision-making power of the local tings in the country. Because he took part in the meetings in the trading towns where justice was pronounced, the appeals to the Lagting, which he directed, were immediately directed to the advice of the king. Only in small towns where no lagman lived was the appeal against the decision of the local assembly directed to the lagman headed by the lagman. With an ordinance of August 6, 1607, the lagman was forbidden from sitting in court with the mayor and city council in large cities. With this ban, an orderly train of instances was created from the city council court to the Lagmann. In the countryside, this instance had long been common, as the lagman had withdrawn from the promulgation of decisions in the 1st instance and limited himself to the lagging. With the dissolution of the Norwegian Imperial Council in 1536, the nobility and the lagmen were the most important representation for safeguarding Norway's interests vis-à-vis the Danish Imperial Council.

But by law of July 1, 1887, which came into force on January 1, 1890, the office of lagman was reinstated in connection with the introduction of the jury in criminal proceedings.

Today the Lagmann is a member of an appeals court in Norway.

literature

  • Absalon Taranger: Lagmand . In: Christian Blangstrup (Ed.): Salmonsens Konversationsleksikon . 2nd Edition. tape 15 : Kvadratrod – Ludmila . JH Schultz Forlag, Copenhagen 1923, p. 245-246 (Danish, runeberg.org ).
  • Torfinn Tobiassen: Lagman , section “Norge”: In: Kulturhistorisk leksikon for nordisk middelalder. Volume 10. Copenhagen 1965, columns 153-162.

Individual evidence

  1. ↑ Absalon Taranger: Lagmand . In: Christian Blangstrup (Ed.): Salmonsens Konversationsleksikon . 2nd Edition. tape 15 : Kvadratrod – Ludmila . JH Schultz Forlag, Copenhagen 1923, p. 245 (Danish, runeberg.org ).
  2. ^ Torfinn Tobiassen: Lagman , section "Norge": In: Kulturhistorisk leksikon for nordisk middelalder. Volume 10. Copenhagen 1965, column 154.
  3. ^ Torfinn Tobiassen: Lagman , section "Norge": In: Kulturhistorisk leksikon for nordisk middelalder. Volume 10. Copenhagen 1965, column 155.
  4. ↑ Absalon Taranger: Lagmand . In: Christian Blangstrup (Ed.): Salmonsens Konversationsleksikon . 2nd Edition. tape 15 : Kvadratrod – Ludmila . JH Schultz Forlag, Copenhagen 1923, p. 246 (Danish, runeberg.org ).
  5. ↑ Lagmann i gammel tid In: Store norske leksikon
  6. ↑ Lagman . In: Theodor Westrin (Ed.): Nordisk familjebok konversationslexikon och realencyklopedi . 2nd Edition. tape  15 : Kromat – Ledvätska . Nordisk familjeboks förlag, Stockholm 1911, Sp. 874 (Swedish, runeberg.org ).