ABOUT THE DISTRICT MAGISTRATE

Hesthamar skrivargard is one of the oldest magistrate farms in Norway. The farm was the seat of the local magistrate (sorenskrivar) in the Hardanger region, and its jurisdiction extended as far as Voss from around 1690. The magistrate lived at Hesthamar between the years 1637 and 1848.

The sorenskrivar (magistrate) in 1591
The word sorenskrivar is a portmanteau of the words svoren (sworn) and skrivar (writer), and is an official title created by royal decree in 1591. The creation of the office came about as the village council had now become the first point of contact in the judicial system, and the local councils therefore needed someone who could function both as advisor and secretary.

The sorenskrivar’s duties were not very clearly defined at first, which would explain why these councils used the position in varying ways. Initially the position came with little to no judicial power, but gradually it grew to entail being one of the lay judges, and later both chief and sole judge in many cases.

More duties from 1634, and the villagers having to bear the cost
As his range of duties became more extensive in 1634, it was also deemed that the sorenskrivar would either be granted an official residence paid for by the farmers in the district, or they would have to pay an annual magistrate’s tax. The villagers subsequently agreed to buy the farm at Hesthamar, in order to avoid this new tax. The farm was bought in 1637, and thus became one of the very first magistrate farms in the country. Alas the farmers were nonetheless made to pay a magistrate’s fee, which led to a long-lasting dispute between the farmers in the area and the royal authority.

The office was reinforced further by King Christian V's law of 1687, where the magistrate was now to be the sole judge in the majority of cases. Matters concerning property and corporal punishment would still be settled by the village council.

It was not until 1736 that legal education was required
Initially there were no prerequisites for being appointed as a magistrate, other than being literate. Most of the magistrates had previously held office positions of an administrative nature, or been personnel for the nobility. This all changed in 1736 with the requirement that the sorenskrivar had to attain a tertiary Law degree. With this qualification he gained more authority, and a higher position in society. Magistrate Johan Sechmann Fleischer, who was appointed in 1733, was the first magistrate with a legal degree in Hardanger and Voss, and one of the first in Norway.

Lay judges in judiciary system in Norway
The magistrates still had local farmers as lay judges in many cases, which meant that the magistrate’s voice could be in the minority in cases brought before the court. After the system of Confirmation was introduced in 1726, and further compulsory schooling in 1739, more farmers became literate, and thus better prepared to take an independent stand in court.

During a period in the 1800s there were fewer lay judges, which gave the farmers less influence on the judicial process. However, in 1887, juries were introduced to criminal cases, and from 1915 lay judges in all civil cases. This was a result of a clear desire to follow the principles of parliamentary traditions that were prevalent the Middle Ages.

To this day, Norway still utilises more lay judges in its courts than any other country in Europe. This practice is probably an important reason as to why Norwegian courts are among those in the world enjoying the strongest measure of trust.