part iv • intellectual legal history • søren koch Veile did not define what a house was; he explained its legal implications in Danish and Norwegian law by relating it to rights and duties for the man who lives in it. The quote starts in Latin indicating that the rule (unchallenged possession of the house as a condition for ownership) had its basis in theius commune. The Danish rule has specific legal features related to houses. The result is an interesting compilation of rules relating to rent and property originating from the late mediaeval Law of Jutland (1241);43 several other rules concerning houses derived from other legal sources, such as Christian IV’s Norwegian Code of 1604 on breaches of household peace. The prohibition on building on another man’s land was copied from the late mediaeval legislative compilation of the Law of Skåne (now in Sweden).44 The focus on legal rather than ontological aspects proves that Veile was addressing those who practised law; however, they were not professionally educated lawyers, but rather the lay judges who still dominated the local courts (Danishting, Norwegianherrerett).45 The very simplistic but fundamental rules compiled in Veile’s Glossarium support this assumption: it seems his intention was to provide his audience with a basic understanding of the legal implication of concepts that could be decisive in legal conflicts. By compiling rules of different origins, he would help judges in Denmark and Norway, who lacked a legal education, decide cases without having access to the original sources. Further, by assembling the texts into one volume and organizing them alphabetically, he made its contents almost canonical for judges, advocates, and other legal practitioners. The book thus contributed to dissemination of legal knowledge and enhanced the authority of the rules and norms it contained.46 43 ‘It accounts as a man’s house, if he lives there and pays the annual rent, because the Law of Jytland says in Book 2 Chapter 32, the house a man rents accounts to be his own possession until the period of rent expires.’ 44 The Lawof Skåne of c.1300, bk 12 ch 4. Anders SunesenArchbishop of Lund (c.1167–1228) translated the original Danish into Latin and paraphrased it by adding explanations and definitions. The Code was first printed in 1505. It is likely Veile used the printed version as used exactly the same wording. 45 For the lack of professional judges until the introduction of a legal exam in 1736, see Sören Koch, ‘Consequences of changing expectations to law and its institutions, illustrated by the role and background of judges in Norway’, Legal History Review83 (2015), 461–86. 210
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