2.5.6 Christian and pre-Christian laws
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This article is from the Nordic countries FAQ, by Antti Lahelma and Johan Olofsson, with numerous contributions by others.
2.5.6 Christian and pre-Christian laws
The Christianization of Scandinavia came in particular to influence
the law-system. The written recording of laws was probably introduced
by arch-bishop Absalon in Lund, who at the university in Paris around
year 1150 had studied not only theology and philosophy but also laws
and political science.
In the 12th and 13th century the papal administration showed a great
interest in secular laws, and now we are grateful for this, since the
archives in Rome have some of our earliest sources. The conflict
between pope and emperor in Europe was mirrored also in Scandinavia.
The church had three major demands: Investiture, tax exemption and
internal jurisdiction (i.e. secular immunity) for priests.
Year 1200 the Swedish king agreed on the latter two points, but as
with the German emperor 100 years before the royal (noble) custom to
appoint bishops (and priests) remained. 1258 it was agreed that
priests were to be ordained by bishops.
From year 1200 we also have the first source claiming royal right to
make and change laws. King Knud VI in Denmark proclaimed issues of
maintenance of internal peace, as manslaughter, to be within his
authority according to the Church's laws and teachings. The Things
argued however that the king's power was limited to suspending laws in
case they are in direct violation of God's commandments.
Marriage was a topic where Christian laws differed much from the older
Germanic. Prior men had become independent of their fathers at
puberty, but women were subordinated to their husband, their father or
their brothers. With Christianity the bride's consent was demanded for
marriage, prohibiting also the formerly customary marriage by capture,
as well as concubines.
Dowry and bride price (the latter paid at the betrothing) remained
customary. Divorces, which prior had been an equal right of booth
spouses, without demands on certain causes, were also prohibited.
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