The Havtoresson brothers lose their right to Borgarsyssel
DN 1/303 · 12 January 1347 · Aslo
What the letter says
Bishop Salomon of Oslo, the chancellor Arne Aslaksson, Bjarne Erlingsson and a number of other members of the king's council, together with two lawmen, give judgement on 12 January 1347 in the bishop's residence in Oslo. The brothers Jon and Sigurd Havtoresson had produced a letter in which King Håkon V granted them Borgarsyssel, today's Østfold, as a fief. The council rules unanimously that the king could not give away so large a part of the realm for longer than his own lifetime, and that the brothers therefore have no right to the district.
The letter in modern English (excerpt)
To all who see or hear this letter, Salomon, by the grace of God bishop in Oslo, Ivar Ogmundsson, Arne Aslaksson, chancellor, Ogmund Finnsson, Ulv Saksesson, Ole Helgesson, Bjarne Erlingsson, Eilif Eilifsson, Orm Øysteinsson, Gunnar Toraldsson, Olav Alvsson, Borgar Anundsson, Tord Eiriksson, Nikolas Paus, lawman in Oslo, and Hallvard Ogmundsson, lawman in Jämtland, send God's greeting and their own. We make known that in the twenty-eighth year of the reign of our worthy lord Magnus, by the grace of God king of Norway, Sweden and Scania, on the Friday after Twelfth Day (6 January), that is 12 January 1347, we were gathered in the winter hall of the bishop's residence in Oslo. Our venerable lord King Magnus had on the one side asked us to do so, and Sir Jon and Sir Sigurd Havtoresson had on the other side consented to it: we were to judge whether the worthy lord King Håkon could lawfully grant Borgarsyssel (Borgesyssel, today Østfold) as a fief for longer than his own lifetime, as King Håkon's letter showed, which the brothers Sir Jon and Sir Sigurd produced for their right to Borgarsyssel. We all sat down together and discussed the matter with the wisest and with others. We all concluded that King Håkon could not enfeoff or give away so large a part of his realm for longer than his lifetime. For lordship and supreme power over the subjects and the common people falls by law, together with all the rest of the government of the realm in Norway, to whoever by rightful inheritance is ki
Original text (excerpt)
Ollum monnum þeim sem þetta bref sea æda hœyra senda Salamon med guds nad biskup j Aslo Jfuar Øghmunda sun Arne Aslaks sun canceler Ogmundar Finz sun Vlfuer Saxa sun Ole Hælga sun Biærne Erlings sun Eilifuer Eilifs sun Ormer Esteins sun Gunnar Þoralda sun Olafuer Alfs sun Borgar Anunda sun Þordr Eiriks sun Niculas paus logmadr j Aslo ok Haluardr Øgmunda sun loghmadr j Jæmtalande Q. guds ok sina. ver gerum ydr kunnict at a attanda aare ok tuttugta rikis vars vyrdulegs herra Magnusar med guds nad
Background
A fief (forlening) meant that the king handed over the government and revenues of an area to a man, usually in return for service. Jon and Sigurd Havtoresson were grandsons, through their mother, of King Håkon V, who died in 1319, and they had probably received the letter from their grandfather. The judgement establishes a principle that became important: the realm and power over the subjects pass to whoever inherits the crown, and cannot be handed out for ever. Bjarne Erlingsson is Erling Vidkunsson's son, the younger Bjarne, who sat on the king's council. It is worth noting that only five years earlier Sigurd had been betrothed to Bjarne's sister Ingeborg, so here Bjarne was judging in a case against his own brother-in-law. The judgement was probably included because it shows the balance of power between King Magnus Eriksson and the two families that would later own Giske.