Book Description

This study explores the reception of learned law in Late Medieval Frisia, particularly in the 14th and 15th centuries. While scholars in the 17th century noted the comprehensive application of Roman law in Frisia, this study shows that elements of learned law were present for centuries prior. It investigates the changes in the Frisian legal system, methods, and norms, as well as the reasons for adopting or adapting foreign law. During the Medieval period, Frisia enjoyed a unique position of self-governance, with no feudal structures or serfdom. Consequently, changes to the legal system were made by the Frisians themselves and their customs and practices, rather than by a central authority. Three legal cultures form the basis of this research: traditional and indigenous Frisian law, Canon law with its consequential establishment of ecclesiastical structures, and the spread of Roman law in the late Medieval period. The analysis focuses on the interaction between these three legal cultures in the law and legal practice of late Medieval Frisia. This study examines five separate topics, covering five fields of law: niarkap and contract law; proof and procedural law; theft and the law of delict; testaments; and widowhood and guardianship. Based on the findings, it can be suggested that Late Medieval Frisia's reception of learned law consisted of receiving systems, methods, and norms to varying degrees, but it was never complete. Frisians had various reasons to adopt elements of learned law, such as filling gaps in their own legal system, but they also had several reasons to resist receiving such elements and maintain their traditional legal concepts and elements, like niarkap, oaths, and the house search. The conclusion identifies a progression in the reception of learned law from the 14th to the 15th century, starting primarily with comparisons between Frisian and learned law, which eventually led to the adoption of norms, methods, and systems.