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3- NICOLAUS RAGVALDI AND CHRISTOPHER. 157
The land s-law of Christopher states that the king has
decided, in consequence of the variety and uncertainty of
the laws, at the request of the Archbishop of Upsala and
his suffragans, and of that the Royal Council and the
nobles, to collect the laws of Sweden into one volume with
certain additions. These additions, as far as they differ
from the earlier land s-law, are in favour of the king s pre
rogative. The law also reserved all the privileges of
churches and ecclesiastical persons. It contained the pro
vision that no new law was to be introduced into Sweden
except with the consent and goodwill of the people
(De rege, iv., 7). It was not, however, apparently passed
by any public assembly or series of assemblies (except the
Royal Council). This is remarkable since Eric s land s-
law had at least been ratified in various provincial
assemblies (Beauchet :
p. 109).
A few words about the relation of the civil law of Sweden
to the Church may be in place here. There was never that
rivalry in Sweden which existed in those other parts of
Europe, which had been subject to the Roman Empire,
between the canon law and the civil law. The influence of
the canon law dates naturally from the Council of
Skeninge, under William of Sabina, in 1248, to which re
ference has already been made. It is specially visible in
the sections that refer to civil rights, and particularly to
personal liberty. It favoured the enfranchisement of
slaves, and exhorted Christians to give it. Instead of the
Roman civil maxim "
partus ventrem sequitur," it sub
stituted the rule
"
a child follows the better half," i.e., if
Rex jure successionis assumendus, non eligendus est." He
also refused to confirm the Kyrko-balk as containing papal
errors. He prescribed the application of the divine law
(Gudzlagh) to certain capital crimes. He ordered that if no
rule is to be found applicable to a particular case in the law of
Christopher or later ordinances, as regards difficult matters
(outside those in the Kyrko-balk) recourse may be had to the
laws of Upland and East Gothland, which he had published.
See Beauchet, I.e., p. 113, and Loccenius, I.e.,
"
Confirmatio
regia," 2oth December, 1608.
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