Sigurd Havtoresson judged heir to Herdis Torvaldsdatter
DN 2/375 · 26 Septbr. 1363 · Bergen
What the letter says
Josef Kalshovedsson, lawman in Bergen, held a court session in the royal residence on 26 September 1363. Anstein Ulfsson appeared for Sigurd Havtoresson and Torbjørn Ølversson for Lady Herdis Torvaldsdatter. Two women swore that Sigurd's father Havtore and Herdis' mother Ragndid were full siblings, and the lawman ruled that Sigurd was heir to Herdis until someone could prove a closer kinship.
The letter in modern English (excerpt)
To all men who see or hear this letter, Josef Kalshovedsson, lawman in Bergen, sends God's greeting and his own. I make known to you that on the Tuesday before Michaelmas (29 September) in the ninth year of the reign of my worthy lord Håkon, by the grace of God king of Norway (1363), there came to court before me in the royal residence in Bergen: on the one side Anstein Ulfsson, with full authority from Sir Sigurd Havtoresson, and on the other Torbjørn Ølversson. Anstein then had two men bear witness, Erlend Torgeirsson and Asolv Jonsson, and they swore a full book oath that Anstein had summoned Torbjørn, who had authority from Lady Herdis and managed her property, [illegible] to hear witnesses on how Sir Sigurd and Lady Herdis were related. He then brought forward these witnesses, Sigrid Bårdsdatter and Ingebjørg Sigurdsdatter, and they swore a full book oath that Sir Havtore and Lady Ragndid were full siblings, with the same father and the same mother. The said witnesses Erlend and Asolv had in their oath that [illegible] Anstein had summoned Torbjørn to hear judgement and lawful ruling on who was heir to Lady Herdis. Because Anstein demanded my ruling in this case, and because no one then appeared before me to be more closely related than Sir Sigurd, it was my full ruling and judgement that Sir Sigurd Havtoresson is heir to Herdis Torvaldsdatter, until someone else proves a closer and more lawful kinship. In confirmation of this I set m
Original text (excerpt)
Ollum monnum þeim sem þetta bref sea eder hœyra sender Joseppar Kaldzhofudz son loghmader j Biorghuin q. g. ok sina. Ek gerer yder kunnikt at a tysdaghen nesta firir Mikials messo a ix are rikis mins wyrdælegs herra Hakonar meder gudes naad Noregs konongs. komo þeir a stefnu firir mik j konongs garde j Biorghuin af einni halfuu Anstein Wlfsson j fullu wmbode herra Sigurdz Hafthoressonar. en af annæræ Þorbiorn Aulfuirsson. Let þa fyrnemfder Anstein gangæ tueggia mannæ vittni er sua eita Erlender
Background
Sigurd Havtoresson was married to Ingeborg Erlingsdatter, who owned Giske from 1354, and he was one of the richest men in the country. Herdis was thus his cousin, and the letter is a judgement that establishes a right of inheritance through sworn testimony about kinship. A lawman was the king's judge in a law district, here Bergen. The witnesses swore a book oath, that is, an oath on the Bible or a holy book. After the Black Death whole families died out, and many inheritance cases had to be settled by someone proving that they were the nearest living relative. The wording that the judgement applies until someone proves a closer kinship was common and shows that the court built on what had been presented.
People: Sigurd Havtoresson