By Mia Korpiola
Swedish medieval marriage formation used to be a technique, written down within the secular legislation. despite the fact that, it began to evolve as a result of the interplay with the medieval Catholic marriage doctrine, which interested by mutual phrases of consent. even if first the canon legislations of marriage, after which Lutheran marriage dogma inspired the Swedish improvement, the notion of marriage as a procedure, such as numerous felony acts and followed by way of estate transfers, proved remarkably resilient. The pragmatic and rural personality of Sweden contributed to this, regardless of strain from canon and Roman legislations and makes an attempt at bringing marriage formation lower than ecclesiastical regulate. Marrying through phases used to be in itself unremarkable in Europe, however the felony starting place and ritual make medieval and sixteenth-century Sweden a special case learn.
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Extra resources for Between Betrothal and Bedding
For Icelandic and Norwegian law, see Lehmann, Verlobung, 24; Landrecht des Königs Magnus Hakonarson, V. 1, 146–151. See also Lahtinen, Sopeutuvat, 46–47, 90–92. 45 46 the process 31 and all his council willed the union. 50 It ought to be noted that in this ecclesiastical account, no reference was made to the consent of the betrothed maid herself. Possibly it was considered irrelevant. The reasons for the disappearance of women as marriage guardians have been debated. 51 However, one could just as well argue for the contrary: that the disappearance of female marriage guardians was a result of secular patriarchal tendencies.
See also Kotkas, Suosiosta ja armosta. g. ” I talk throughout this book of ‘learned law’ as an opposite to the Swedish notion of law as mainly administered by laymen without a university education. Cf. ” 42 Pennington, “Learned Law,” 209. 43 See Brundage, “Universities,” 250–253. 44 Ingesman, “A Canon Law Culture,” 66–72, 76–77. g. ” introduction 17 and expansion of the royal judicial machinery in the course of the early seventeenth century, there was a demand for university-trained lawyers. Given the sixteenth-century reception of Roman law in Germany, it is hardly surprising that Swedes studying there also demonstrated a growing interest in Roman law.
Fines and damages were often used in lieu of capital punishments and mutilation. 35 The judges presiding at Swedish assizes were usually local noblemen, later their paid substitutes, who had considerable interest in mitigating most capital punishments to fines. If the criminal was sentenced to death, his chattels were confiscated and his family often reduced to penury. Such harshness could leave the lands unfarmed, which was hardly in the interests of the landlords. Moreover, if the offenders were noblemen’s tenants, a third of the fines generally went to the landowners unless the crime was heinous.