courts of appeal in norway first instance so as to allow a final judgment to be given.82 That led to even greater procedural delays. The reaction of the royal administration was to limit access to these courts and eventually to introduce a hierarchical court system (cf. above). Limiting access to the Overlagting by commanding the lawmen to judge alone in cases brought before them in 158783 can therefore be regarded as the first step towards a hierarchical legal system in Norway. At the same time, it was the beginning of the end for the Overlagting. The last time this institution came together in Oslo was 1602.84 With the enactment of the Norwegian Code of 1604 the meetings of lawmen in the Overlagting, which to a great extent had been necessary to secure a unanimous interpretation of the medieval legislative texts, were neither required nor permitted. Although no official decree was issued abolishing the Overlagting, it ceased to exist as body of collective decision-making. Its role as a court of appeal was taken over by another institution that until 1604 had had mainly (but not exclusively) administrative functions. From now on the rulings of the district courts could be appealed to the so-called “Herredag.”85 This institution, which first convened in 1539 both inOslo and Bergen,86 became the court of last instance in the ordinary system of the judiciary in Norway. It can be distinguished from theOverlagtingin three major ways. First, the composition of its personnel was different. Besides professional judges, noblemen and senior state officials were key actors within the institution. Usually a representative of the Danish administration was in charge of this assembly, and sometimes even the King himself. Second, in contrast to the Overlagting the Herredag gathered together only every third year and met in different places, from 1625 onwards alternately in Oslo and 82 Seip, Jens Arup 1934 p. 108 with further references and examples. 83 Compare note 35 above. NRR II s. 697; and 1590NRR III s. 64 f. 84 Seip, Jens Arup 1934 p. 110. 85 See Norske Lov 1-6-8: Laugmændenis Domme indstefnis for Overhoffretten[The lawmen’s verdict has to be appealed to the Overhoffrett]. This order was respected by the courts themselves. In a ruling of the Herredag Akershus 20 June 1610 the court stipulated that it is not possible to appeal directly from the local courts to theHerredag; cf. Thomle, Erik Andreas 1904 p. 85. 86 On the history of this institution in Norway, see Seip, Jens Arup 1934 p. 111 ff.; for a selected number of case-studies, see Thomle, Erik Andreas 1904. 300
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