\ 



DENEIAR K. 



(651 



Statistic? 



Arms. 



Degrees of 

 nobility in 



Denmark; 



In Sleswick 

 and Hoi- 

 st ein. 



Gradations 

 •f rank. 



Laws. 



General 

 character 



Banish 

 code. 



by the grace of God king of Denmark and Norway, of 

 the Goths and Vandals, duke of Sleswick and Holstein, 

 of Stormarn, and of Ditmarsch, count of Oldenburg 

 and of Delmenhorst." The king's oldest son takes the 

 title of Prince Royal, and the other children that of 

 hereditary prince or princess. The arms of Denmark 

 and Norway are three lions. To these are. added sepa- 

 rate arms for the duchies ; and three crowns, which are 

 also in the arms of Sweden, having been assumed by 

 the sovereigns of both countries ever since the union 

 of Calmar. The degrees of nobility in Denmark are 

 two; those of counts or earls, and barons. The counts 

 are entitled, illustrious and high lord; the barons, illus- 

 trious lord. The counts have the privilege of erect- 

 ing canopies of state, and their eldest sons enjoy the 

 titje of barons. The number of earldoms or counties 

 in Denmark and Norway is about seventeen, and of 

 baronies fifteen. Resides those nobles who derive their 

 nobility from their estates, which are royal fiefs, there 

 are other families invested with the same titles, sim- 

 ply as personal distinctions. The nobility of Sleswick 

 and Holstein form a distinct body, and enjoy more ex- 

 tensive privileges. Every thing connected with the 

 common interests of this body is discussed in a general 

 convention, held at stated times in the city of Kiel, 

 when very disagreeable debates frequently take place. 

 There are in Denmark two orders of knighthood ; the 

 order of the elephant, and the order of Danbrog. Of 

 these, the first is considered as the most honourable, 

 and conferred only on persons of the- highest distinc- 

 tion and merit. The inhabitants of Denmark may, 

 therefore, be divided, according to their rank, into the 

 five following classes : 1st, The nobility who have 

 privileged fiefs in the kingdom. 2dly, The titular nobi- 

 lity ; to which class belong the companions of the two 

 orders of kighthood — those counts and barons who are 

 not possessed of counties and baronies— and the per- 

 sons filling the higher offices of the state, whether civil, 

 military, or ecclesiastical ; all of which confer on those 

 who hold them a certain nobility during their lives : 

 and it is very common in this country to obtain, mere- 

 ly for the purpose of acquiring rank, the title of an 

 employment which the person never exercises, and 

 from which he derives no emolument, but for which, 

 on the contrary, he often pays a considerable yearly 

 sum. Sdly, The inferior clergy, lawyers, and students. 

 4thly, The merchants and citizens of the great towns : 

 And, 5thly, The seamen and farmers. 



CHAP. VI. 



Laws. 



The laws of Denmark are remarkable for their equi- 

 ty, plainness, and brevity. They are expressed with 

 so much precision, and so little subject to ambiguity, 

 that almost the meanest capacity may comprehend 

 them : The natural consequence of which is, that in 

 this country lawsuits are rare, the number of lawyers 

 is small, and the legal profession by no means lucrative. 

 The Danes boast not a little, and that not without rea- 

 son, of their superiority in this respect to the most re- 

 fined and learned people of Europe. It is asserted, 

 however, that, notwithstanding of the excellency of 

 their laws, it is difficult for the poor to obtain justice 

 against the nobility and the favourites of the court. 

 The present code of Danish laws was published by 



TOL. VII. PART II. 



Chriatiern the Fifth, and is founded on the code of Val- Statistics. 

 demar. It is comprised in one quarto volume, written in '-"~ > .'~"-' ' 

 the language of the country, and divided into six books. 

 The first book treats of the procedure of the courts of 

 justice ; the second, of the ecclesiastical government : 

 the third, of offices and the different states of persons ; 

 the fourth, of the maritime laws ; the fifth, of the diffe- 

 rent means of acquiring property, and of contract ; 

 and the sixth, of crimes and their punishments. With Courts of 

 regard to the courts of justice, there are three grada- " Wi 

 tions in Denmark : — First, The Herredfogds, which are 

 the lowest and most circumscribed, similar in their na- 

 ture to the English leetcourts. These are established Inferior 

 in the various districts throughout the country; are courts - 

 composed of a judge and a clerk, and meet once in 

 the week. Corresponding to the Herredfogds in the 

 country districts, are the Byefogds in towns and cities. 

 Next, and superior to these, is the Landslag, or pro- 

 vincial court; of which there are five in Denmark, 

 those of Zealand, Fionia,- Jutland, Bornhohn, and Fal- 

 ster. To these, which meet every month, there lies an 

 appeal from the Herreclfogds and Byefogds; which ap- 

 peal must be taken within the space of half a year. 

 The supreme court of the Danish dominions, called Suoreme 

 Highl-right, is held at Copenhagen. Here all causes court, 

 are determined in the last resort, and the nobility have 

 the privilege of being amenable to it alone. The king The king 

 opens this court in person every year, with great so- nominally 

 lemnity, and delivers to the judges what instructions presides. 

 he thinks necessary. He is supposed to preside in it 

 at all times ; and a throne is erected for him, to which 

 the lawyers address themselves in their pleadings, 

 and the judges in giving their opinions. This court sits Terms, 

 the whole year, with the exception of the months of 

 July, August, September, and the half of February. 

 This is the only court of justice in which verbal plead- 

 ings are allowed, the processes in all the inferior courts 

 being conducted in writing. No appeals are received 

 by this court, if not taken within a year and six months. 

 The judges, who have fixed and adequate salaries, are 

 some of them nobles, and some of them commoners. 

 Their decision is final in all causes relating to the for- Forms of 

 tunes of the subject ; but in such as regard their ho- procedure, 

 nour or their lives, the kinff has reserved the right of 

 revision. An action at common law, commences by 

 the plaintiff citing the defendant before the proper tri- 

 bunal. This he is at liberty to do, either by word of Civil 

 mouth before two witnesses, or in writing. The claims causes. 

 of the parties, written in clear and concise terms, are 

 then laid before the judge, who, besides, may put to 

 them such questions as he apprehends will tend to an 

 elucidation of the subject in dispute. After having 

 fully heard the proofs on both sides, the judge solemn- 

 ly pronounces sentence. Few causes occupy more 

 than one sitting in either the supreme or inferior courts; 

 and none can be extended beyond six weeks. The 

 clerks and registers, too, are obliged to bring the whole 

 process within a limited number of sheets, including 

 the allegations, proofs, and sentence. A certain price 

 is affixed to each sheet, and thus the parties may know 

 to a certainty the utmost expence of a proceeding. 

 When an appeal is brought before a superior court, the 

 inferior judge is likewise summoned to appear and de- 

 fend his decision, and he is sometimes obliged to render 

 satisfaction to the party injured by an unjust sentence. 

 Criminal cases are conducted much in the same form 

 as those of a civil nature. The judge, within whose Criminal 

 jurisdiction the crime has been committed, empowers cases. 

 4 o 



