supreme+court,+u.s.

m. [old Swed. lagman; the president of the supreme court formerly held in Orkney was called the lagman]:—‘law-man.’ In the ancient Scandinavian kingdoms each legal community or state (lög) had its own laws, its own parliament (lögþing), and its own ‘law-man’ (lagh-mann, lögmaðr); the lagman was the first commoner and the spokesman of the people against the king and court at public assemblies or elsewhere; he was also the guardian of the law, and the president of the legislative body and of the law courts. As in the heathen time laws were not written, the lagman had to say what was the law of the land in any case of doubt; in the general assemblies, at least in Iceland, he had to ‘say’ the law (from memory) to the assembled people from the Law-hill (Lögbergi); hence in the Icelandic Commonwealth he was called lög-sögu-maðr (q. v.), the ‘law-speaker,’ ‘law-sayer,’ ‘speaker of the law,’ and his office lög-saga or lög-sögn = ‘law-speaking:’

1. Sweden and Gothland in olden times were the classical lands of lagmen, for the whole kingdom was a confederation of commonwealths, each with its parliament, law-speaker, and laws, who were all of them united under one king; see the various records in the old Swedish laws, Sveriges Gamla Lagar, as edited by Schlyter, as also the classical account given of lagman Thorgny in Ó. H. ch. 60 sqq.—í hverri þessi deild landsins er sitt lögþing, ok sín lög, yfir hverjum lögum er lögmaðr, … þat skulu lög vera sem hann réð upp at kveða; en ef konungr, eða jarl, eða byskupar fara yfir land ok eigu þing við búendr, þá svarar lögmaðr af hendi búenda …; aðrir lögmenn allir skulu vera undir-menn þess lögmanns er á Tíunda-landi er, Ó. H. 65.

2. in Norway the political institutions of the old patriarchal ages were greatly disturbed through the wars and conquest of Harald Fairhair; the ancient laws of Norway too have been preserved in a much more fragmentary state than those of Sweden; of some of the most interesting laws only the eccl. section has been preserved, often in Icelandic transcripts or abridged. The most interesting records of the lagmen are therefore not to be found in the Norse laws, but in the Sagas, e. g. the debates in the Hák. S. Gamla, ch. 71–80, 85–97 (in the Flatey book), as also in the Þinga-þáttr in Fms. vii. 123–150, and in stray passages in the Icelandic Sagas, in such phrases as lögmenn ok konungr, lögmenn ok dómendr, lenda menn ok lögmenn ok alla alþýðu, Eg. 352.

3. in the later Middle Age in Norway, and in Icel. after 1280, the lagman was a justice, who presided in the court lögrétta, at the lögþing (II), cp. Jb. passim.

4. in the Icelandic Commonwealth, the officer whose duties have been described above was specially called lögsögumaðr, and lögmaðr is only used = lagamaðr = a lawyer,—þat er ok, at lögsögumaðr skal svá görla þáttu alla upp segja, at engi viti einna miclogi görr, en ef honum vinsk eigi fróðleikr til þess, þá skal hann eiga stefnu við fimm lögmenn (lawyers, men skilled in law), en næstu dægr áðr, eðr fleiri, Grág. i. 2, 3; þat skal allt hafa er finnsk á skr þeirri er Hafliði lét göra … en þat eitt af annarra lögmanna fyrirsögn ( of other lawyers) er eigi mæli því í gegn, 7; Njáll var lögmaðr svá mikill ( so great a lawyer), at eingi fannsk hans jafningi, Nj. 30. At the union with Norway (A. D. 1272) the lögsögu-maðr of the Commonwealth was replaced by two lagmen of the Norse kind, so that in the Sagas composed after that date (e. g. the Grettla) or in Sagas preserved in later transcripts, the terms were now and then confounded, and ‘lögmaðr’ was, by way of anachronism, used of the lögsögu-maðr of the old Commonwealth, cp. Grett. 64, 115, 173, 191 new Ed., Nj. 24, 164, 237 (v. l.), Eg. 597, Ísl. (Gunnl. S.) ii. 208, 238, 256, Bs. i. (Hungrv.) 62, Fms. iv. 115, 176, where the Ó. H. edition has the true reading, being made from a vellum of the Commonwealth time.

β. two instances are recorded referring to the 10th century in Iceland, where a lögmaðr occurs as a kind of county sheriff or officer, viz. in the Háv. S. (begin.) and the Svarfdæla S. ch. 10; but both records seem to be spurious and adapted to the state of things in Norway, for neither Saga is preserved in its pure original state, but remoulded after the union; see Maurer’s Entstehung des Isl. Staates, Beiträge, 136 sqq. In Scandinavia during the Middle Ages, as the power of the king increased, so that of the old lagman sank, and at last died away. In England it is preserved in the Speaker of the House of Commons, whose very name recalls to mind the law-speaker of the old Scandinavian communities.

II. a pr. name, Lög-maðr, Orkn.

COMPDS: lögmannsdæmi, lögmannseiðr, lögmannslauss, lögmannsúrskurðr.

m. a doom of the supreme court, a lawful public sentence, judgment of the full court; þér rufuð allsherjardóm, violated lawful judgment, the law of the land, Fms. iv. 205.

u, f.

I. ‘law-mending,’ an ordinance; þat væri góð lögrétta er konungrinn gaf um konunglega refsing, Sks. 670.

II. as a law term, the name of the legislature of the Icel. Commonwealth, either from rétta lög, to make the law right, or perh. better from rétt, a fence, qs. a law-fence, law-yard, law-court, from being held within the sacred circle, called vé-bönd; for the word is used of the place as well as of the body sitting there, e. g. ganga til lögréttu, to proceed to the l., Nj. 150.

2. in the Norse law, as also in Iceland after the union with Norway, lögrétta was the public court of law held during the general assembly (þing), and presided over by the lagman; the members (lögréttu menn) were delegated from all the counties represented in the assembly, see N. G. L. ii. 10 sqq., as also Jb. Þingfara-balk, ch. 2.

3. in the Icel. Commonwealth the lögrétta was the legislative held during the althing on the lögbergi (q. v.), and consisted of the forty-eight Goðar (see goði); it was presided over by the lögsögu-maðr (see lögmaðr), and controlled all laws and licences (ráða lögum ok lofum), and was the supreme power in the land; for its power, composition, and duties, see esp. Íb. ch. 5, Grág. passim, esp. the Lögréttu-þáttr or section of the lögrétta, the Þingskapa-þáttr, the Njála, and the Sagas passim; of mod. writers, Maurer’s Beiträge, Dasent’s Introduction to Burnt Njál.

COMPDS: lögréttufé, lögréttumaðr, lögréttuseta, lögrettuskipan, lögréttuþáttr.

n. [þing], mod. form alþing, by dropping the inflective i; the gen., however, still remains unchanged, alþingis. The parliament or general assembly of the Icel. Commonwealth, invested with the supreme legislative and judicial power, consisting of the legislative lögrétta (q. v.), and the courts, v. dómr, fimtardómr, fjórðungsdómar; v. also goði, goðorð, lügsögumaðr, lögsaga, lögberg, and many other words referring to the constitution and functions of the alþingi. It was founded by Ulfljot about A. D. 930, Ib. ch. 3; and reformed by Thord Gellir A. D. 964, who instituted the courts and carried out the political divisions of Icel. into goðorð, fjórðungar, and þing, ch. 5. In the years 1272 and 1281 the alþing, to some extent, changed its old forms, in order to comply with the new state of things. In the year 1800 it was abolished altogether. A kind of parliament, under the old name alþingi, was again established in the year 1843, and sat at Reykjavík. Before the year 930 a general assembly was held in Kjalarnes, whence it was removed under the name of alþingi to the river Öxará, near to the mountain Ármannsfell. The much-debated passage in Hænsaþ. S. ch. 14—en þingit var þá undir Ármannsfelli—therefore simply means that the events referred to happened after the removal of the Kjalarnesping. The parliament at first met on the Thursday beginning the tenth week of the summer, which fell between the 11th and the 17th of June; by a law of the year 999 its opening was deferred to the next following Thursday, between the 18th and 24th of June, old style; after the union with Norway, or after A. D. 1272 or 1281, the time of meeting was further deferred to June 29. July 2 (Vis. B. V. M.) is hence called Þing-Maríumessa. The parliament lasted for a fortnight; the last day of the session, called vápnatak, because the weapons having been laid aside during the session were again taken (cp. Engl. wapentake), thus fell on the first or second Wednesday in July. As to the rules of the alþingi, vide esp. the first chapter of the Þ. Þ. Grág. (Kb.) i. p. 38 sqq. The most eventful years in the history of the alþingi are, A. D. 930 (foundation), 964 (reform), 1000 (introduction of Christianity), 1004 (institution of the Fifth Court), 1024 (repudiation of the attempt of the king of Norway to annex Iceland), 1096 (introduction of tithes), 1117 (first codification of laws), 1262–1264 (submission to the king of Norway), 1272 and 1281 (new codes introduced). In the year 1338 there was no alþing held because of civil disturbances, eytt alþingi ok þóttu þat údærni, Ann. s. a., Grág. (Þ. Þ.) Íslend. bók, Kristni S., Njála, Sturl., Árna b. S., Ó. H. (1853), ch. 114; of modern writers, vide esp. Maurer, Entsteh. des Ísl. Staates; Dasent, Introd. to Burnt Njal; some of the Introductions by Jón Sigurðsson in D. I., esp. that to the Gamli Sáttmáli of the year 1262.

COMPDS: alþingisdómr, alþingisför, alþingishelgun, alþingislof, alþingismál, alþingisnefna, alþingisreið, alþingissátt, alþingissáttarhald, alþingissekt, alþingissektarhald.