The Code of the Realm was the first Norwegian national volume of laws, and one of the earliest of its kind in Europe. The code replaced the previous regional laws covering the assemblies of Frostating, Gulating, Eidsivating and Borgarting.
The establishment of the Code of the Realm was king Magnus’ mission in life. The law was not only implemented in Norway but also in the Orkneys, Shetland, and the Faroe Islands, which at the time were subject to the Norwegian crown. Iceland however, created their own laws.
The Code of the Realm was passed at the Frostating assembly of 1274, but the original manuscript is lost. However, there still exist 43 handwritten segments from before 1600 and fragments of another 55. The Code of the Realm is known as a ground-breaking political and legal undertaking, and maintained its position until Christian V introduced his Norwegian Law in 1687.
The Contents of the Code of the Realm
The Code of the Realm is divided into nine sections, modelled on Roman laws. It opens with a prologue and ends on a list of legal amendments followed by an epilogue. These are the sections:
1. On assemblies: How assemblies should be organised and conducted
2. On Christianity: Establishes the Christian foundations of the law
3. On defence of the realm: How to mount a national defence
4. On violations against the individual: Presents personal legal safeguards
5. On succession: The laws of inheritance
6. On allodium: The rules of land freehold
7. On leasehold: On leasing land, as well as rights to fishing and game
8. On trade: On trade agreements, securities, and debts
9. On crimes and punishments: Larceny foremost
The various preserved versions of the Code of the Realm differ both with regards to language (some are written in dialect) and content, such as terms, sentences, additions in the margins and corrections.
Magnus Lagabøte
Magnus VI Håkonsson was born in Tønsberg in 1238, the son of king Håkon Håkonsson and brother of princess Kristina.
He owed his nickname “Lagabøte”, meaning law-mender, to his efforts to improve the Norwegian laws of the era. Magnus drew up the Code of the Realm in 1274, followed by the Town Code in 1276, The Book of the Hird (laws regulating the royal bodyguard) in 1277, as well as the key Icelandic legal document, Jónsbók, in 1281.
For the most part, Magnus was brought up at the royal farm, Holmen, in Bergen, where he was educated by the Franciscans, whose main purpose was to provide for the poor. Many people believe this explains why Magnus through the Code of the Realm granted the needy several new rights.
Magnus Lagabøte was married to the Swede Ingeborg Eriksdatter. Their two sons, Eirik II Magnusson and Håkon V Magnusson, both succeeded Magnus as kings of Norway.
The king’s legal endeavours were part of a consistent move towards politics of peace and stability. The Code of the Realm sought to benefit all the inhabitants of the country and to serve all interests. This may be the reason why it remained in use for so long.
Magnus Lagabøte died in Bergen in 1280, 42 years old.