Håndfæstning
Encyclopedia
Håndfæstning Håndfestning (no
Norwegian language
Norwegian is a North Germanic language spoken primarily in Norway, where it is the official language. Together with Swedish and Danish, Norwegian forms a continuum of more or less mutually intelligible local and regional variants .These Scandinavian languages together with the Faroese language...

)
(former spelling: Haandfæstning), Handfeste (de
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....

), (Eng. transl. handbinding) were names for documents issued from the 13th to the 17th century in Scandinavia and Germany (Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...

), e.g. the charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

s that were signed by Danish and Norwegian kings, and sometimes also by Swedish kings. In many ways it is a Scandinavian parallel to the English Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

, and it is not unlikely that it has been inspired by the latter.

The håndfæstning was the result of the strength of the power of the nobility
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...

. The first Danish king who was forced to sign this kind of charter was King Eric V
Eric V of Denmark
Eric V "Klipping" was King of Denmark and son of Christopher I. Until 1264 he ruled under the auspices of his mother, the competent Queen Dowager Margaret Sambiria. Between 1261 and 1262, Eric was a prisoner in Holstein following a military defeat...

 in 1282. It was used as a regular coronation charter for the first time in 1320. Between 1440 and 1648 it was a normal condition for the recognition of a new king. When absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...

 was introduced in 1660 the last håndfæstning was mortified.

Unlike in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 there was no permanent charter to sign; every new king had to accept a new one that applied to his own reign. On the other hand all håndfæstninger were based on the same model. The king had to promise that he would rule as a just king; that he would co-operate with the nobility; that he would never imprison any free man; that all leading offices (what one would today call "cabinet minister posts") and all local administration would be filled only by noblemen; and that questions of war and peace depended on the acceptance of the nobility.

The charters did not necessarily transform the kings into puppets; most of them were able to create a solid base of power during their reign. And hardly any Danish king of the period totally kept the rules of the håndfæstning. The severity of the demands of the nobility also wavered from time to time.

Some modern historian
Historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the study of all history in time. If the individual is...

s have regarded the håndfæstninger as (primitive) predecessors of the modern constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

s. This might be true as for the limitations of the royal power but it would not be fair to call them real democratic constitutions. First of all their purpose seems to have been to secure the power of the nobility and they expressly tried to keep commoners and other people of "low birth" away from any kind of political influence. Unlike their English parallel they therefore do not seem to have inspired any kind of modern Danish constitutional theory.

Sources

  • Samling af danske Kongers Haandfæstninger og andre lignende Acter. Af Geheimearchivets Aarsberetninger. Copenhagen, 1856-58, reprint 1974. (Source collection of handbindings in Danish and Latin)
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