In the Old Frisian legal tradition, an ('legal interpreter' or 'lawspeaker') was an official legal advisor to a court of law in the Westerlauwers district (i.e., west of the River Lauwers) in western Friesland. Unlike a modern judge, the gave in most cases only an expert opinion on the law itself rather than on the facts of the case.Karl Otto Johannes Theresius Freiherr von Richthofen, Untersuchungen über friesische Rechtsgeschichte Part 2, volume 1 Upstalsbom, Freiheit und Grafen in Friesland, Berlin: Hertz, 1882, , p. 458 As can be seen from the legal system known as Oudere Schoutenrecht, in the Old Frisian legal system with its formal approach to evidence, there was little room for appreciation of the facts of the case. Nevertheless, in exceptional circumstances, when there was a need for interpreting old sources of law in arriving at an appreciation of the case, the was asked for his opinion. The court could however refuse to accept his interpretation, simply arriving at its own verdict.
During the Middle Ages, the role became superfluous and his function was discontinued, in most areas towards the end of the 13th century.A. L. P. Buitelaar, De Stichtse ministerialiteit en de ontginningen in de Utrechtse Vechtstreek, Middeleeuwse studies en bronnen, 37, Hilversum: Verloren, 1993, , p. 120 In Friesland, the assumed the duties of both schout (or prosecutor responsible for law enforcement) and . In Amstelland, were used as part of the legal system until 1388.
According to a Frisian legend recorded in the 14th century, twelve were originally given the , the written law of Friesland, by the god Fosite after Charlemagne had demanded they recite their law and they were unable to do so, having only custom.von Richthofen, pp. 459–64.Hilda R. Ellis Davidson, Gods and Myths of Northern Europe, London: Pelican, 1964, repr. Penguin, 1990, ; repr. as Gods and Myths of the Viking Age, New York: Bell, 1981, , pp. 171–72. This is an indication of the close relationship of ancient Germanic law to religion.von Richthofen, p. 493.
See also
Lawspeaker
References