The Self in Legal Procedure: Oath-Taking as Individualism in Norwegian Medieval Law

Abstract

This article examines an institution in Norwegian medieval law wherein a defendant in a case could swear an individual oath in order to unilaterally dismiss the charges against them. By analyzing three law books dating to the late twelfth, the mid-thirteenth, and the late-thirteenth centuries respectively, I show that this individual oath, called the einseiðr, started to be used as a proof in very small property disputes. From the mid-thirteenth century onwards, its use was considerably expanded to include cases where it was necessary to prove the defendant’s intention or their knowledge of the circumstances of a case. I argue that this development can be explained by influence from the theological distinction between intentional and unintentional sin, as well as from theories of oath-taking in canon law, and the Roman calumny oath.