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<article dtd-version="1.1" article-type="book-review">
  <front>
    <journal-meta>
      <journal-id>TMR</journal-id>
      <journal-title-group>
        <journal-title>The Medieval Review</journal-title>
      </journal-title-group>
      <issn pub-type="epub">1096-746X</issn>
      <publisher>
        <publisher-name>Indiana University</publisher-name>
      </publisher>
    </journal-meta>
    <article-meta>
      <article-id pub-id-type="publisher-id">20.11.08</article-id>
      <title-group>
        <article-title>20.11.08, Rindal/Spørck, Kong Magnus Håkonsson Lagabøtes landslov, two parts</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <name>
            <surname>Anders Winroth</surname>
            <given-names/>
          </name>
          <aff>University of Oslo</aff>
          <address>
            <email>anders.winroth@iakh.uio.no</email>
          </address>
        </contrib>
      </contrib-group>
      <pub-date publication-format="epub" date-type="pub" iso-8601-date="2020">
        <year>2020</year>
      </pub-date>
      <product product-type="book">
        <person-group>
          <name>
            <surname>Rindal, Magnus, and Bjørg Dale Spørck, eds</surname>
            <given-names/>
          </name>
        </person-group>
        <source>Kong Magnus Håkonsson Lagabøtes landslov: Norrøn tekst med fullstendig variantapparat, del I &amp; II, Norrøne tekster</source>
        <year iso-8601-date="2018">2018</year>
        <publisher-loc>Oslo, Norway</publisher-loc>
        <publisher-name>Arkivverkets</publisher-name>
        <page-range>pp. 1009</page-range>
        <price>NOK 350 (hardback)</price>
        <isbn>978-8-25480-137-6 (hardback)</isbn>
      </product>
      <permissions>
        <copyright-statement>Copyright 2020 Trustees of Indiana University. Indiana University provides the information contained in this file for non-commercial, personal, or research use only. All other use, including but not limited to commercial or scholarly reproductions, redistribution, publication or transmission, whether by electronic means or otherwise, without prior written permission of the copyright holder is strictly prohibited.</copyright-statement>
      </permissions>
    </article-meta>
  </front>
  <body>
    <p>
                   When the Norwegian King Magnus Håkansson Lagabøter ("Law-Mender") of Norway
                        in 1274 issued a law book valid for his entire kingdom, he was only the
                        third European medieval ruler to do so, after Emperor Frederick II in 1231
                        (the <italic>Liber augustalis</italic> for Sicily) and King Alphonso X
                        in the 1260s (the <italic>Siete partidas</italic> for Castile).
                        Another potential model for the Norwegian legislation was the canon law book
                            <italic>Decretals</italic> (or <italic>Liber extra</italic>)
                        that Pope Gregory IX issued in 1234, which unlike the other two potential
                        models can be proven to have been known in Norway in the thirteenth century.
                        With King Magnus's law book, Norwegian law was modernized in accordance with
                        developments within European legal thought, for instance introducing some
                        aspects of the Romano-canonical procedure, centralizing more of judicial
                        power in judges appointed by the king, and embracing the idea of equity
                        (reason) as a source of law that judges might have recourse to alongside a
                        strict reading of the law.</p>
    <p/>
    <p>In preparation for the 750th anniversary of the <italic>Landslov</italic>, Norway is preparing a sequence of popular and scholarly
                        events and publications (in both traditional and modern media). The volumes
                        under review make up an early outcome of these preparations: a new,
                        scholarly edition of the <italic>Landslov</italic> itself. The
                        National Library of Norway has also published much of its contents on their
                        website, at https://www.nb.no/forskning/lagabote/ressurser/. This includes the entire
                        edition, the massive critical apparatus, and much subsidiary material, some
                        of which was not included in the printed edition, which was published by the
                        National Archives of Norway.</p>
    <p/>
    <p>A new edition was needed for several reasons. Rudolf Keyser and P.A. Munch
                        (uncle of the artist Edvard M.) published the previous edition in 1848
                        within the multi-volume collection <italic>Norges gamle love</italic>,
                        containing all the medieval laws of Norway and Iceland. The old edition is
                        easily available on the internet, but challenges most modern readers with
                        its <italic>fraktur</italic> typeface (https://www.nb.no/items/URN:NBN:no-nb_digibok_2015012808049). Even more
                        problematically, Gustav Storm established already in 1879 that Keyser and
                        Munch had chosen the wrong manuscript for their base text. They based their
                        edition on a manuscript at the Arnamagnaean Institute in Copenhagen, AM 60
                        4:o, while a manuscript in the Royal Library of Stockholm, Holm. Perg. 34
                        4:o, provides an older and better text. Also, they did not reproduce in the
                        edition all variants from the no less than 41 complete manuscripts and some
                        fragments that they had collated. Their edition came a little too early to
                        draw on some early manuscript fragments discovered later in the nineteenth
                        century as binding materials in the Norwegian National Archives. In
                        addition, their printed edition contains rather too many misprints. The new
                        edition rectifies these problems and is thus already for this reason very
                        welcome.</p>
    <p/>
    <p>Weighing in at 1009 printed pages distributed over two volumes, the new
                        edition certainly answers to the most stringent scholarly demands that could
                        be put forth. The text reproduces that of Holm. Perg. 34 4:o, which was
                        transcribed from photographs, but it also includes short sections from other
                        manuscripts, notably including King Håkon Håkonsson's statutes (<italic>rettarböter</italic>) apparently from 1260, which normally
                        accompany the <italic>Landslov</italic> in the manuscripts, but which
                        happen not to be included in the Stockholm volume. The apparatus reports
                        completely all variant readings in forty-three complete manuscripts and in
                        fragments (usually short) from at least fifty further manuscripts. This adds
                        up to tens of thousands of variant readings reported in numbered footnotes,
                        a truly herculean task. As might be expected, the critical apparatus not
                        seldom overwhelms the actual text of the law book, especially since the
                        publisher decided to begin each note on a new line, leaving much white space
                        at the bottom right of each page. At places with much variation in the
                        tradition, the effect may be disorienting at first, as when the first line
                        of the section devoted to tenancy of land ("<italic>Landsleigubǫlkr</italic>"), appearing at the top of page 600, is provided
                        with five pages of critical notes in a smaller font, before the actual text
                        begins again on the sixth page with five lines of text and 38 footnotes
                        (606). When the text is (appropriately) non-normalized and about every two
                        or three words is provided with a sometimes four-digit footnote references,
                        the result is not an edition for those faint of heart.</p>
    <p/>
    <p>Those with sufficient philological hardiness to face this edition will,
                        however, find a treasure trove that delights and intrigues. It is rare that
                        editions of texts surviving in more than a dozen or so manuscripts, let
                        alone forty-three, are published with complete critical apparatus, so this
                        is a publication to be grateful for. It invites detailed and rich textual
                        work that takes the entire manuscript transmission into account. The
                        tradition of the <italic>Landslov</italic> surely merits closer
                        scrutiny than it has so far received. One might, for example, note that
                        several individual chapters seem to have had a peripatetic existence within
                        the law book, sometimes being left out, sometimes appearing in one place,
                        sometimes in another. One example is the text that all editors including the
                        present ones have printed as chapter 4 in the section devoted to procedural
                        law, the <italic>Þingfararbǫlkr</italic>. The first half of the
                        chapter specifies that legal cases should be judged according to evidence
                        and witnesses, then it provides some detail about the use of witnesses. This
                        passage is missing at this point in some ten manuscripts (being added in the
                        margin in one of them, and after what usually is the second half of chapter
                        4 in another). In several of these manuscripts, the passage is instead found
                        early in the much later section devoted to commercial law (<italic>Kaupabǫlkr</italic>), something that is not signaled in the old edition of
                        the procedural section, illustrating its short-comings. Five manuscripts
                        contain the passage in both contexts. I am unclear about exactly what this
                        textual disturbance might mean, but surely this is a matter that deserves to
                        be looked into in greater depth than has so far been done. It is striking
                        that the passage concerns details of procedural law which at the time was
                        much discussed in the law schools of Europe. </p>
    <p/>
    <p>This and other chapters with disturbed transmission must be capable of
                        telling us interesting things about the development of law in Norway around
                        the middle of the thirteenth century, especially when they, as the chapter
                        discussed above, concern what was at the time "modern" or "new" law. The new
                        edition allows and inspires close study of such cases.</p>
    <p/>
    <p>Considering the enormous amount of information on offer in the edition, it is
                        not surprising that the editors have not themselves taken all the
                        information directly from the manuscripts. They have partially worked with
                        Keyser's and Munch's handwritten transcriptions and collations from the
                        1840s, which today reside in the Norwegian National Library and have been
                        made available digitally on the internet (nb.no). The editors have carefully
                        compared selections from these old notes with the manuscripts and have found
                        them to be remarkably reliable (unlike the apparatus in the 1848 printed
                        edition), which has allowed the editors to complete their work at relative
                        speed.</p>
    <p/>
    <p>Those who are simply looking for a reliable Old Norwegian text of the <italic>Landslov</italic>, without worrying too much about variants
                        from dozens of manuscripts, might be less well served by this edition, which
                        does not easily lend itself to leisurely reading straight through. The
                        website associated with the project (see above) provides a version of the
                        text without the apparatus. A normalized text synthesizing the readings in
                        the most important manuscripts is under work by Magnus Rindal, who was one
                        of the editors of the large edition. That edition is also being translated
                        into modern Norwegian (<italic>nynorsk</italic>) and into English. I
                        hope the translations will be published on paper, on pages facing the
                        normalized Old Norwegian text, which would create eminently useful hand
                        editions, sufficient for most needs. Legal historians would certainly
                        consider such editions a god-send, as would many others. An edition of King
                        Magnus's Town Law (<italic>Byloven</italic>) is also under work. The
                        king promulgated this law book in 1276, soon after finishing the <italic>Landslov</italic>. As far as I am aware, there are no plans
                        for new editions of the other law books produced in Norway under King
                        Magnus. The law for the king's court or <italic>hird</italic>, the <italic>Hirdskrå</italic> was published twenty years ago. [1] More
                        problematic is that the project will, apparently, not include the Church
                        laws issued by King Magnus and his father King Håkon, which at the time lead
                        to great controversies when the Archbishop of Trondheim Jon Raude strongly
                        opposed them and instead produced his own Church law. One of the two editors
                        of the volumes under review, Bjørg Dale Spørck, produced good editions of
                        three of the Church laws of the two kings for her dissertation of 2006,
                        which however was printed in a small pressrun and is not readily available
                        outside of Norway. The most widely spread royal church law ("Nyere Gulatings
                        kristenrett I") as well as Archbishop Jon's eminently interesting Church
                        law, which reflects the up to date canon law of his time, has not been
                        edited since Keyser and Munch in 1848. All these expressions of the <italic>ius particulare</italic> of medieval canon law are of great
                        interest to international research in that field and they ought to be
                        published with translations into English. They are available in reliable
                        modern Norwegian (<italic>bokmål</italic>) translations by Spørck.
                        [2]</p>
    <p/>
    <p>The national law book of King Magnus is divided into nine sections of
                        differing length, dealing with the main aspects of law, roughly: court
                        procedure, Norway's constitution, defense, protection of persons,
                        inheritance, property, tenancies, commerce, and theft. In this, it is
                        similar to most secular law books from the thirteenth century, while books
                        inspired by Roman and canon law tend to be hierarchically organized in books
                        and titles. Church matters, such as marriage law, are left out, although the
                        second section is labelled "Christianity section" (<italic>Kristinsdómsbǫlkr</italic>), but most of its contents is more in the vein
                        of constitutional law. Only the first two chapters are specifically about
                        ecclesiastical concerns: that everyone in Norway must believe in a specific
                        Christian creed (ch. 1) and that the king and the bishops have separate
                        spheres of responsibility (ch. 2). The long chapter 5 outlines in detail how
                        the Norwegian Crown should be inherited at the king's death, regulations
                        that would get a workout in the next three vacancies on the Norwegian
                        throne: an oldest son should inherit first (as at Magnus's death in 1280);
                        brother in the third place (as in 1299); and a daughter's son only in the
                        eighth place (1319). Among the other sections, the one devoted to tenancies
                        is long (65 chapters) and complex. This section illuminates the imperfect
                        organization of the law book, characteristic of many a medieval book. A
                        reader might wonder why rules about salmon, herring, and whale fisheries,
                        about bear hunts and river ferries are included in this section, nominally
                        devoted to the leasing of real estate. As the examples demonstrate,
                        medievalists beyond legal historians have much to work with in the law
                        book.</p>
    <p/>
    <p>The editors and the publishers should be applauded for their fine work in
                        making an important medieval law book available in a first-rate edition. It
                        is an exciting time when we may look forward to continued publications and
                        events devoted to one of the most important law books of the thirteenth
                        century. To order this work see https://www.arkivverket.no/om-oss/vare-publikasjoner/arkivverkets-bokhandel/kilder-fra-tiden-for-1537/kong-magnus-hakonsson-lagabotes-landslov.</p>
    <p/>
    <p/>
    <p>--------</p>
    <p/>
    <p>Notes:</p>
    <p/>
    <p>1. <italic>Hirdskråen: Hirdloven til Norges konge og hans
                            handgångne menn etter AM 322 fol.</italic>, ed. Steinar Imsen (Oslo:
                        Riksarkivet, 2000).</p>
    <p/>
    <p>2. Bjørg Dale Spørck, <italic>Nyere norske kristenretter (ca.
                            1260-1273)</italic> (Oslo: Aschehoug, 2009).</p>
    <p/>
  </body>
</article>
