Hvem var opænbarligh gen guth i Jyske Lovs Fortale? Et studie i Lovbogens teksthistorie

Fund og Forskning i Det Kongelige Biblioteks Samlinger ◽

10.7146/fof.v52i0.41292 ◽

2016 ◽

Vol 52 ◽

Author(s):

Michael H. Gelting

Keyword(s):

Fifteenth Century ◽

Canon Law ◽

Original Text ◽

Standard Text ◽

History Of ◽

The Will ◽

The Law ◽

Further Development ◽

Political Realities ◽

Made In

One sentence in the Prologue of the Law of Jutland (1241) has caused much scholarlydiscussion since the nineteenth century. Did it say that “the law which the king givesand the land adopts, he [i.e. the king] may not change or abolish without the consentof the land, unless he [i.e. the king] is manifestly contrary to God” – or “unless it [i.e.the law] is manifestly contrary to God”? In this article it is argued that scholarly conjectures about the original sense of the text at this point have paid insufficient attentionto the textual history of the law-book.On the basis of Per Andersen’s recent study of the early manuscripts of the Lawof Jutland, it is shown that the two earliest surviving manuscripts both have a readingthat leaves little doubt that the original text stated that the king could not change thelaw without the consent of the land unless the law was manifestly contrary to God. Theequivocal reading that has caused the scholarly controversy was introduced by a conservativerevision of the law-book (known as the AB text), which is likely to have originatedin the aftermath of the great charter of 1282, which sealed the defeat of the jurisdictionalpretensions of King Erik V. A more radical reading, leaving no doubt that the kingwould be acting contrary to God in changing the law without consent, occurs in an earlyfourteenth-century manuscript and sporadically throughout the fifteenth century, butit never became the generally accepted text. On the contrary, an official revision of thelaw-book (the I text), probably from the first decade of the fourteenth century, sought toeliminate the ambiguity by adding “and he may still not do it against the will of the land”,thus making it clear that it was the law that might be contrary to God.Due to the collapse of the Danish monarchy in the second quarter of the fourteenthcentury, the I text never superseded the AB text. The two versions coexistedthroughout the fourteenth and fifteenth centuries and soon produced a number ofhybrid versions. One of these gained particular importance, since it was the text thatwas used for the first printed editions of the Law of Jutland in 1504 and 1508. Thus itbecame the standard text of the law-book in the sixteenth century. The early printededitions also included the medieval Latin translation of the Law of Jutland and theLatin glosses to the text. The glosses are known to be the work of Knud Mikkelsen,bishop of Viborg from 1451 to 1478. Based on a close comparison of the three texts, itis argued here that Bishop Knud was also the author of the revised Danish and Latintexts of the law-book that are included in the early printed editions, and that the wholework was probably finished in or shortly after 1466. Bishop Knud included the I text’saddition to the sentence about the king’s legislative powers.An effort to distribute Bishop Knud’s work as a new authoritative text seems tohave been made in 1488, but rather than replacing the earlier versions of the Lawof Jutland, this effort appears to have triggered a spate of new versions of the medievaltext, each of them based upon critical collation of several different manuscripts.In some of these new versions, a further development in the sentence on the king’slegislative power brought the sentence in line with the political realities of the late fifteenthcentury. Instead of having “he” [i.e. the king] as the agent of legal change, theyattribute the initiative to the indefinite personal pronoun man: at the time, any suchinitiative would require the agreement of the Council of the Realm.Only the printing press brought this phase of creative confusion to an end in theearly sixteenth century.Finally, it is argued that the present article’s interpretation of the original senseof this particular passage in the Prologue is in accordance with the nature of Danishlegislation in the period from c.1170 to the 1240s, when most major legislation happenedin response to papal decretals and changes in canon law.

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The double wreath a contribution to the history of kingship in Bosnia

Balcanica ◽

10.2298/balc1445107c ◽

2014 ◽

pp. 107-143 ◽

Cited By ~ 1

Author(s):

Sima Cirkovic

Keyword(s):

Fifteenth Century ◽

The State ◽

Double Crown ◽

History Of ◽

New Form ◽

Further Development ◽

Made In ◽

The Way

The fact that ban Tvrtko of Bosnia had maternal ties with Nemanjic dynasty and seized certain areas of the former Serbian Empire was used as a basis for him to be crowned king of the Serbs and Bosnia in 1377 in the monastery of Mileseva over the grave of Saint Sava. His charter issued to the Ragusans in 1378 contains the term ?double wreath? which figuratively symbolized the rule of Tvrtko I over two Serb-inhabited states, Bosnia and Serbia. Tvrtko?s choice not to annex the conquered territory to his own state, Bosnia, but to be crowned king of Serbia as well required the development of a new ideology of kingship and a new form of legitimation of power. Although his royal title was recognized by his neighbours, including probably the rest of the Serbian lands, that the project was unrealistic became obvious in the aftermath of the Battle of Kosovo in 1389. What remained after his death was only the royal title, while the state ruled by his successors became exclusively related to Bosnia. Yet, echoes of his coronation in medieval Bosnia can be followed in the further development of the title and of the concept of crown and state. Interestingly, an attempt to revive the double crown concept was made in the early fifteenth century by the king Sigismund of Hungary, who requested that the Bosnians crown him the way Tvrtko had been crowned.

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Primitive Decretal Collections in the British Museum

Studies in Church History ◽

10.1017/s0424208400004277 ◽

1964 ◽

Vol 1 ◽

pp. 132-144

Author(s):

Charles Duggan

Keyword(s):

Canon Law ◽

Common Law ◽

British Museum ◽

Wide Spread ◽

Ample Evidence ◽

Medieval Church ◽

History Of ◽

The Law ◽

Made In

Ecclesiastical historians are already aware of the richness of the British Museum in canonical manuscripts of all kinds. The Royal Library alone preserves at least one copy of the greater number of major canonical collections, as well as an imposing range of the works of leading commentators, decretists and decretalists alike, glosses and summae, together with the fascinating, if minor, canonistic exercises known as distinctiones, abbreviations, casus, quaestiones, transformationes and notabilia. A history of the canon law of the medieval Church could in most essentials be written on the basis of these considerable and varied sources. What is perhaps rather less familiar is the particular value of these manuscripts to the historian of the medieval English Church, both in a positive and a negative way: negative in the sense of the ample evidence provided of a rapid and wide-spread reception of ecclesiastical common law in England; and positive in the sense of the record preserved of the initiative and originality revealed by English canonists, and of the contribution which they made in turn to the law of the Universal Church.

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Reorganization of the Governmental Structure of Roumania

American Political Science Review ◽

10.2307/1946976 ◽

1931 ◽

Vol 25 (3) ◽

pp. 700-703

Author(s):

Joseph S. Roucek

Keyword(s):

Central Administration ◽

World War ◽

Liberal Party ◽

Old Kingdom ◽

The Balkans ◽

History Of ◽

The Will ◽

The Law ◽

Self Rule ◽

The University

The law for the reorganization of central administration and the law on local administration (July 20, 1929) sponsored by the National Peasant government of Roumania have recently been put into effect. Both measures were drafted by Professors Negulescu, of the University of Bucharest, and Alexianu, of the University of Cernauţi. Their adoption comprises one of the most thorough governmental reforms in the history of the Balkans.The structure of the Roumanian government was, until very recently, almost completely copied from the French system. Roumania was a typical example of a unitary organization. The whole power of government was centralized in Bucharest. Practically all powers of local government were derived from the central authority, and were enlarged and contracted at the will of Bucharest. The whole system lent itself admirably to the domination of the National Liberal party, guided up to 1927 by Ion I. C. Brǎtianu, and after his death by his brother, Vintilǎ I. C. Brǎtianu, who died last year.Since the strength of the National Peasant party, which assumed the reins in 1928, lies largely in the provinces acquired at the close of the World War, a decentralization of government was to be expected. The bitter resentment of Maniu and his associates toward the over-centralization which favored the policies of the Bratianus forced the recent overhauling of the governmental structure, tending toward federalism—a form which takes cognizance of the differences of the past and present between the old kingdom and the new provinces and attempts to extend democratic features of self-rule to the electorate. At the same time, it attempts to secure bureaucratic expertness.

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The Will of Cardinal Giordano Orsini (ob. 1438)

Traditio ◽

10.1017/s036215290001343x ◽

1996 ◽

Vol 51 ◽

pp. 257-286 ◽

Cited By ~ 1

Author(s):

Christopher S. Celenza

Keyword(s):

Fifteenth Century ◽

Cultural History ◽

Italian Renaissance ◽

Short Introduction ◽

Renaissance Humanism ◽

The Third ◽

Textual History ◽

History Of ◽

The Will ◽

First Time

There are many still unstudied aspects of the cultural history of early Quattrocento Rome, especially if we consider the years before 1443, the date of the more or less permanent re-entry into the civitas aeterna of Pope Eugenius IV. The nexus between the still ephemeral papacy and the emerging intellectual movement of Italian Renaissance humanism is one of these aspects. It is hoped that this study will shed some light on this problem by presenting a document that has hitherto not been completely edited: the original will of Cardinal Giordano Orsini. As we shall see, this important witness to the fifteenth century provides valuable information on many fronts, even on the structure of the old basilica of Saint Peter. The short introduction is in three parts. The first has a discussion of the cardinal's cultural milieu with a focus on the only contemporary treatise specifically about curial culture, Lapo da Castiglionchio's De curiae commodis. The second part addresses the textual history of the will as well as some misconceptions which have surrounded it. The third part contains a discussion of the will itself, along with some preliminary observations about what can be learned from the critical edition of the text here presented for the first time.

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The Boxted Bombard

The Antiquaries Journal ◽

10.1017/s0003581500026299 ◽

1987 ◽

Vol 67 (1) ◽

pp. 86-96

Author(s):

Howard L. Blackmore

Keyword(s):

Fifteenth Century ◽

Tower Of London ◽

Wrought Iron ◽

History Of ◽

Made In

In 1792 the Society published in Archaeologia an engraving of ‘An antient Mortar at Eridge Green’, with the claim that it was the first gun made in England. Subsequent writers on the history of artillery, while noting the gun's importance as one of the first examples of a wrought-iron cannon or bombard (to give it its correct name), believed that it had been destroyed. In fact, by the date of its publication, the bombard had been removed to Boxted Hall, Suffolk, where it remained unrecognized until its transfer to the Royal Armouries, H. M. Tower of London, in 1979. This article traces the history of the bombard, the method of its construction and concludes that it was probably made in England, in the Weald, during the fifteenth century.

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Datación de la lengua del lybro de Magyka (MS. 5-2-32, Biblioteca Colombina, Sevilla)

Estudios Románicos ◽

10.6018/er.376291 ◽

2020 ◽

Vol 29 ◽

Author(s):

Duchowny Aléxia ◽

Pereira Luíza

Keyword(s):

Fifteenth Century ◽

Theoretical Basis ◽

Spanish Language ◽

The Third ◽

Initial Hypothesis ◽

History Of ◽

Made In

El objetivo de este trabajo es identificar la fecha aproximada de la producción del texto del manuscrito Lybro de magyka, la tercera parte de una obra sobre astrología, en espanõl, comprada por Hernando Colón en 1527, que se conserva hoy en la Biblioteca Colombina, Sevilla, bajo la inscripción Ms. 5-2-32. Nuestra hipótesis es que el texto fue escrito entre los siglos XIII y XVI. Por lo tanto, la base teórica está constituida por gramáticas históricas de la lengua española que traen las siguientes características representativas del español medieval que nos permitieran elaborar criterios para el análisis que comprobarían o no la hipótesis inicial: 1) la formación de adverbios con el sufijo -mientre; 2) los masculinos hechos en -a que adoptan concordancia femenina; 3) la aspiración de la f- inicial; 4) el cambio de la copulativa et para y; 4) el adverbio suso. Los resultados permiten observar que la lengua del manuscrito fecha probablemente de finales del siglo XIV o del siglo XV, lo que se encuentra de acuerdo con las hipótesis de autoría propuestas por los trabajos acerca del Lybro de magyka hasta el momento. Así, el presente estudio contribuye para la reconstrucción de la historia del códice y para los estudios acerca de la lengua española. The objective of this work is to identify the approximate date of the production of the text of the manuscript Lybro de magyka, the third part of a work on astrology, in Spanish, purchased by Hernando Colón in 1527, which is preserved today in the Biblioteca Colombina, Seville, Spain, under the registration Ms. 5-2-32. Our hypothesis is that the text was written between the thirteenth and sixteenth centuries, and is a copy of a Catalan translation. Therefore, the theoretical basis is constituted by works of internal and external history of the Spanish language that bring representative characteristics of the medieval Spanish. The characteristics below allow to elaborate criteria for the analysis that would verify or not the initial hypothesis: 1) the formation of adverbs with the suffix -mientre ; 2) the masculine ones made in -a that adopt feminine concordance; 3) the change of the copulative et to y; The results show that the language of the manuscript probably dates from the fifteenth century, which is in accordance with the hypotheses of authorship proposed by the works on the Lybro de Magyka so far. Thus, the present study contributes to the reconstruction of the history of the codex and to the studies about the Spanish language.

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Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

Zbornik radova Pravnog fakulteta Novi Sad ◽

10.5937/zrpfns55-30553 ◽

2021 ◽

Vol 55 (1) ◽

pp. 143-160

Author(s):

Jelena Vidić-Trninić

Keyword(s):

Legal Regulation ◽

Court Decision ◽

Legal Systems ◽

Inheritance Law ◽

Judicial Proceedings ◽

The Will ◽

The Law ◽

The Right ◽

Domestic Regulation ◽

Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

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A poem on the refortification of Dorylaion in 1175

BYZANTINA SYMMEIKTA ◽

10.12681/byzsym.1029 ◽

2012 ◽

Vol 21 (1) ◽

pp. 137

Author(s):

Foteini SPINGOU

Keyword(s):

Sixteenth Century ◽

Fifteenth Century ◽

Asia Minor ◽

Original Text ◽

Bodleian Library ◽

Font Size ◽

Manuscript Tradition ◽

Court Literature ◽

History Of ◽

Metrical Analysis

In the summer/autumn of 1175, Manuel Komnenos (1143-1180) undertook the rebuilding of Dorylaion, one of the major aplekta in Asia Minor. For this occasion a poem was written. The strong acquaintance of the poet with the conventions of court literature, the occasional content of the poem and its panegyric character, suggest that the text was written for a small ceremony which took place at Dorylaion. The author is probably an anonymous professional court poet who accompanied Manuel in his expedition. The authorship is further discussed since the manuscript tradition might suggest that John Tzetzes was the author. After a close look at the language, style and metre of the poem, this identification is excluded. In 1908, Spyridon Lambros published the poem on the basis of manuscript Barocci 194 (fifteenth century) of the Bodleian Library. This study re-edits the poem on the basis of two more manuscripts: manuscript Parisinus Graecus 2644 (late thirteenth century) of the Bibliothèque Nationale and Auctarium T.1.10 of the Bodleian Library (sixteenth century). The history of each manuscript is analysed and the relation between them examined. It is established that the Auctarium is a direct copy from the Parisian manuscript. The metrical analysis of the poem follows and special textual problems are discussed. Finally, the translation of the original text is provided.

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Russian Lawyers of Second Half of 19th Century on Political and Legal Concepts of Catherine II

Nauchnyy dialog ◽

10.24224/2227-1295-2021-7-325-340 ◽

2021 ◽

Vol 1 (7) ◽

pp. 325-340

Author(s):

I. G. Adonyeva

Keyword(s):

The Political ◽

Russian Society ◽

Class Identity ◽

Recent Past ◽

Russian State ◽

History Of ◽

The Will ◽

Russian Law ◽

Legal Concepts ◽

Made In

The views of Russian lawyers of the second half of the 19th century regarding the political and legal concepts of Catherine II are considered. Attention is paid to educational and scientific works on the history of Russian law and Russian state law, published in the second half of the 19th century. The author proceeds from the fact that professional and class factors influenced the assessment of the empress’s political and legal ideas by Russian lawyers. It is shown that the professional one consisted in the official introduction by Catherine II into the Russian political and legal turn of the achievements of European educators, contributing to the formation of a tendency towards the prevalence of the law over the will of the monarch. Particular attention is paid to the fact that most of the representatives of the legal profession were of noble origin, the 18th century was a relatively recent past for them, and family traditions and class identity formed a positive idea of Catherine’s rule and the empress herself. At the same time, it is shown that researchers associated with the merchants paid attention to the fact that the empress’s selective acquaintance with the works of European thinkers left her without attention to branches of law, for example, civil law, which was of fundamental importance for the estate employed in commerce and industry. The author notes that historians of law paid maximum attention to the state-legal concepts of the empress. It is proved that the conclusions made in the study correlate with the ambiguous assessments of Catherine II both among historians and Russian society as a whole.

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The Law Merchant and the Common Law Before 1700

The Cambridge Law Journal ◽

10.1017/s0008197300094204 ◽

1979 ◽

Vol 38 (2) ◽

pp. 295-322 ◽

Cited By ~ 34

Author(s):

J. H. Baker

Keyword(s):

Canon Law ◽

Common Law ◽

Roman Law ◽

Commercial Law ◽

Legal Doctrine ◽

History Of ◽

The Common ◽

The Law ◽

Law Merchant ◽

Ius Gentium

In 1845 a master of English commercial law wrote that there was “no part of the history of English law more obscure than that connected with the maxim that the law merchant is part of the law of the land.” Since then there have been detailed studies of the medieval law merchant and of the later development of English mercantile law, but the precise status of the law merchant in England and the nature of the process by which it supposedly became fused with the common law remain as obscure as they were in 1845. The obscurity begins with the very concept of the “law merchant,” which has been differently understood by different writers and continues to be used in widely divergent senses. Some have regarded it as a distinct and independent system of legal doctrine, akin in status to Civil or Canon law, and perhaps derived from Roman law. Others have supposed it to be a particular aspect of natural law, or the universal ius gentium, and as such akin to international law.

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