In the discussion of the origin and powers of the royal office, the

_King’s Mirror_ again shows unmistakably the influence of events in the

preceding century of Norwegian history. So long as the church of Norway

was under the supervision of foreign archbishops, first the metropolitan

of distant Hamburg and later the archbishop of the Danish (now Swedish)

see of Lund, there was little likelihood of any serious clash between

the rival powers of church and state. But when, in 1152, an

archiepiscopal see was established at Nidaros (Trondhjem) trouble broke

out at once. The wave of enthusiasm for a powerful and independent

church, which had developed such vigor in the days of Gregory VII, was

still rising high. Able men were appointed to the new metropolitan

office and the Norwegian church very soon put forth the usual demands of

the time: separate ecclesiastical courts and immunity from anything that

looked like taxation or forced contribution to the state. At first these

claims had no reality in fact, as the kings would not allow them; but in

1163[85] an opportunity came for the church to make its demands

effective. In that year a victorious faction asked for the coronation of

a new king whose claims to the throne came through his mother only. The

pretender was a mere child and the actual power was in the hands of his

capable and ambitious father, Erling Skakke. The imperious archbishop

Eystein agreed to consecrate the boy king if he would consent to become

the vassal of Saint Olaf, or, in other words, of the archbishop of

Nidaros. Erling acquiesced and young Magnus was duly crowned. It was

further stipulated that in future cases of disputed succession the final

decision should rest with the bishops.[86] The state was formally made

subject to the church. It must be noted, however, that it was not the

head of Catholic Christendom who made these claims, but the chief

prelate of the national Norwegian church. The theory was doubtless this,

that if the pope is superior to the emperor, the archbishop is superior

to the king.

Footnote 85:

The date usually given is 1164; but Ebbe Hertzberg argues quite

conclusively for the earlier year. “Den förste norske Kongekroning”;

_Historisk Tidsskrift_, Fjerde Række, III, 30-37.

Footnote 86:

According to the new rules of succession the oldest legitimate son, if

qualified for the office, should inherit the throne. The oldest might

be passed over, however, in favor of a younger legitimate son, or even

in favor of an illegitimate descendant, if the bishops should find

such a procedure expedient. See Gjerset, _History of the Norwegian

People_, I, 364.

The new arrangement did not long remain unchallenged. In 1177 the

opposition to the ecclesiastical faction found a leader in Sverre,

called Sigurdsson, an adventurer from the Faroe Islands, who pretended

to be a grandson of Harold Gilchrist, though the probabilities are that

his father was one Unas, a native of the Faroes.[87] Sverre’s followers

were known as Birchshanks, because they had been reduced to such straits

that they had to bind birch bark around their legs. The faction in

control of the government was called the Croziermen and was composed of

the higher clergy with an important following among the aristocracy.

Sverre’s fight was, therefore, not against King Magnus alone but against

the Guelph party of Norway. For half a century there was intermittent

civil warfare between the supporters of an independent and vigorous

kingship on the one side and the partisans of clerical control on the

other. King Sverre’s great service to Norway was that he broke the chain

of ecclesiastical domination. The conflict was long and bitter and the

great king died while it was still on; but when it ended the cause of

the Croziermen was lost. The church attained to great power in the

Norwegian state, but it never gained complete domination.

Footnote 87:

While it seems probable that Sverre was not of royal blood he was not

necessarily an impostor; he may have believed his mother’s assertions.

For a discussion of the problem see _ibid._, 376-377.

Sverre was a man of great intellectual strength; he was a born leader of

men, a capable warrior, and a resourceful captain. When it began to look

as if victory would crown his efforts, the archbishop fled to England

and from his refuge in Saint Edmundsbury excommunicated the king. But

exile is irksome to an ambitious man, and after a time the fiery prelate

returned to Norway and was reconciled to the strenuous ruler. Eystein’s

successor, however, took up the fight once more; and when Sverre made

Norway too uncomfortable for him, he fled to Denmark and excommunicated

his royal opponent. A few years later, Innocent III, who had just

ascended the papal throne, also excommunicated Sverre, and threatened

the kingdom with an interdict.[88] But the papal weapons had little

effect in the far North; the king forced priests and prelates to remain

loyal and to continue in their duties. No doubt they obeyed the

excommunicated ruler with great reluctance and much misgiving; but no

other course was possible, for the nation was with the king.

Footnote 88:

It is usually stated that Innocent III actually did lay an interdict

on the land, but this appears to be an error. He authorized the

bishops to do so, but they seem not to have made use of the

authorization. See Bull, “Interdiktet mot Sverre”: _Historisk

Tidsskrift_, Femte Række, III, 321-324.

The militant Faroese was a man with strong literary interests; he was

educated for the priesthood and it is believed that he had actually

taken orders. He was eloquent in speech, but he realized the power of

the written as well as of the spoken word. It is a fact worth noting

that among the Northmen of the thirteenth century learning was not

confined to the clergy. While the author of the _King’s Mirror_ urges

the prospective merchant to learn Latin and French, he also warns him

not to neglect his mother tongue. King Sverre replied to the

ecclesiastical decrees with a manifesto in the Norwegian language in

which he stated his position and his claims for the royal office. This

pamphlet, which is commonly known as “An Address against the Bishops,”

was issued about 1199 and was sent to all the shire courts to be read to

the freemen. It was a cleverly written document and seems to have been

very effective. In spite of the fact that the king was under the ban,

the masses remained loyal.

Between the political theory of the _Address_ and the ideas of kingship

expressed in the _King’s Mirror_ there is an agreement which can hardly

be accidental. It is more likely that we have in this case literary

kinship of the first degree. It has been thought that King Sverre may

have prepared his manifesto himself, but this is scarcely probable. Some

one of his court, however, must have composed it, perhaps some clerk in

the royal scriptorium, for the ideas developed in the document are

clearly those of the king. It has also been suggested that the _Address_

and the _Speculum Regale_ may have been written by the same hand;[89]

but the only evidence in support of such a conclusion is this agreement

of political ideas, which may have originated in a careful study of the

earlier document by the author of the later work.

Footnote 89:

This appears to be Heffermehl’s opinion. See _Historiske Skrifter

tilegnede Ludvig Daae_, 87.

King Sverre’s _Address_ begins with a violent attack on the higher

clergy: the bishops have brought sorrow upon the land and confusion into

holy church. This deplorable condition is ascribed chiefly to a reckless

use of the power of excommunication. In this connection the king is

careful to absolve the pope from all guilt: his unfortunate deeds were

due to ignorance and to false representations on the part of the

bishops. It is next argued that excommunication is valid only when the

sentence of anathema is just; an unjust sentence is not only invalid but

it recoils upon the head of him who is the author of the anathema. In

support of this contention the author of the manifesto quotes the

opinions of such eminent fathers as Saint Jerome, Saint Augustine, Pope

Gregory the Great, and other authorities on canon law. It will be

remembered that the king himself was under the ban at the time. The

author argues further that his view is supported by reason as well as by

the law of the church. Bishops have been appointed shepherds of the

flocks of God; they are to watch over them, not drive them away into the

jaws of the wolves. But if a bishop excommunicates one who is without

guilt, he consigns him to hell; and if his decree is effective, he

destroys one of God’s sheep.

From this subject the _Address_ passes to the nature of the royal

office. “So great a number of examples show clearly that the salvation

of a man’s soul is at stake if he does not observe complete loyalty,

kingly worship, and a right obedience; for kingly rule is created by

God’s command and not by the ordinance of man, and no man can obtain

royal authority except by divine dispensation.” The king is not a

secular ruler only, he also has holy church in his power and keeping. It

is his right and duty to appoint church officials, and the churchmen owe

him absolute loyalty the same as his other subjects. Christ pointed out

the duty of church officials quite clearly when he paid tribute to his

earthly ruler, one who was, moreover, a heathen.[90]

Footnote 90:

The _Address_ is published as an appendix to the Christiania edition

of the _King’s Mirror_. It has also been issued in separate form under

the title _En Tale mod Biskopperne_; this edition is by Gustav Storm.

It will be seen that the _Address_ puts forth four claims of

far-reaching importance: kingship is of divine origin and the king rules

by the grace of God; the power of royalty extends to the church as well

as to the state and includes the power to appoint the rulers of the

church; disloyalty to the king is a mortal sin; an unjust sentence of

excommunication is invalid and injures him only who publishes the

anathema. On all these points the _King’s Mirror_ is in complete

agreement with Sverre’s manifesto.

In the course of the dialog in the _Speculum Regale_ the son requests

his father to take up and discuss the office and business of the king;

for, says he, “he is so highly honored and exalted upon earth that all

must bend and bow before him as before God.”[91] The father accounts for

the power and dignity of kingship in this way: men bow before the king

as before God, because he represents the exalted authority of God; he

bears God’s own name and occupies the highest judgment seat upon earth;

consequently, when one honors a king, it is as if he honors God himself,

because of the title that he has from God.[92]

Footnote 91:

C. xliii.

Footnote 92:

C. xliii.

The author evidently realizes that statements of this sort will not be

accepted without further argument, and he naturally proceeds to give his

doctrine a basis in Biblical history. The reverence due kingship is

fully illustrated with episodes in the career of David. So long as God

permitted King Saul to live, David would do nothing to deprive him of

his office; for Saul was also the Lord’s anointed. He took swift revenge

upon the man who came to his camp pretending that he had slain Saul; for

he had sinned against God in bearing arms against His anointed. He also

calls attention to Saint Peter’s injunction: “Fear God and honor your

king;” and adds that it is “almost as if he had literally said that he

who does not show perfect honor to the king does not fear God.”[93]

Footnote 93:

C. xliv.

To emphasize his contention that kingship is of divine origin, the

author cites the example of Christ. The miracle of the fish in whose

mouth the tribute money was found is referred to in the _Address_ as

well as in the _King’s Mirror_. Peter was to examine the first fish, not

the second or the third. In the same way, and here the argument is

characteristically medieval, “every man should in all things first honor

the king and the royal dignity; for God Himself calls the king His

anointed.”[94]

Footnote 94:

_Ibid._

But, objects the son, how could Christ who is himself the lord of heaven

and earth be willing to submit to an earthly authority? To this the

father replies that Christ came to earth as a guest and did not wish to

deprive the divine institution of kingship of any honor or dignity.[95]

The author evidently deems it important to establish this contention;

for if Christ submitted to Caesar as to a rightful authority, the church

in opposing secular rulers could scarcely claim to be following in the

footsteps of the Master.

Footnote 95:

C. xliv.

It seems to be a safe conclusion that the doctrine of the divine

character of kingship as developed in the _King’s Mirror_ is derived

from King Sverre’s _Address_, unless it should be that the two have

drawn from a common source. There is nothing novel about Sverre’s ideas

except the form in which they are stated; fundamentally they are a

return to the original Norwegian theory of kingship. The Norwegian kings

of heathen times were descendants of divine ancestors. They recognized

the will of the popular assemblies as a real limitation on their own

powers, but no religious authority could claim superiority to the ruler.

The king was indeed himself a priest, a mediator between the gods and

men. The Christian kings for a century and a half had controlled the

church in a very real manner; they had appointed bishops and had also on

occasion removed them. The claim of the archbishop to overlordship was

therefore distinctly an innovation. The king makes use of arguments from

the Bible to support his theory, not because it was based on Scriptural

truths, but because to a Christian people these would prove the most

convincing.

In his statement of the fulness and majesty of the royal power, the

author of the _Speculum Regale_ goes, however, far beyond the author of

the _Address_. So complete is the king’s power, “that he may dispose as

he likes of the lives of all who live in his kingdom.”[96] He “owns the

entire kingdom as well as all the people in it, so that all the men who

are in his kingdom owe him service whenever his needs demand it.”[97]

These sentences would indicate that the author’s position lies close to

the verge of absolutism. But Norwegian kingship was anything but

absolute; the king had certain well-defined rights, but the people also

had some part in the government. Professor Ludvig Daae has put forth the

hypothesis that the author of the _King’s Mirror_ was acquainted with

the governmental system of Frederick II in his Italian kingdom, which he

governed as an absolute monarch.[98] There may be some truth in this for

there is no doubt that the character of Frederick’s government was known

to the Northmen; but it is also possible that the theory of absolute

monarchy had a separate Norse origin, that the insistence on divine

right in the long fight with the church had driven the partisans of

monarchy far forward along the highway that led to practical absolutism.

Less than a generation after the _King’s Mirror_ was composed, the newer

ideas of kingship appear in the legislation of Magnus Lawmender. Kings

have received their authority from God, for “God Himself deigns to call

Himself by their name;” and the preamble continues: “he is, indeed, in

great danger before God, who does not with perfect love and reverence

uphold them in the authority to which God has appointed them.”[99] This

is the doctrine of the _Address_ as well as of the _Speculum_; the

significant fact is that the principle has now been introduced into the

constitution of the monarchy. It is possible that the author of the

_King’s Mirror_ states an alien principle; but it is more probable that

he merely gives form to a belief that had been growing among Northmen

for some time.

Footnote 96:

C. xliii.

Footnote 97:

C. xxviii.

Footnote 98:

“Studier angaaende Kongespeilet”: _Aarböger for nordisk Oldkyndighed_,

1896, 189.

Footnote 99:

_Norges gamle Love_, II. 23; Gjerset, _History of the Norwegian

People_, I, 463.

On the question of the validity of excommunication the teachings of the

_Speculum Regale_ are in perfect accord with those of the _Address_. The

uncompromising position and methods of Innocent III had given point to

an exceedingly practical question: was a Christian permitted to obey a

king who was under the ban of the church? Generally the church held that

obedience under the circumstances would be sinful. The author of the

_Speculum_ distinguishes closely, however, between just and unjust

sentences of excommunication. God has established two houses upon earth,

the house of the altar and the house of the judgment seat.[100] There

is, therefore, a legitimate sphere of action for the bishop as well as

for the king. But an act is not necessarily righteous because it

emanates from high authority either in the church or in the state. If

the king pronounces an unjust judgment, his act is murder; if a bishop

excommunicates a Christian without proper reasons, the ban is of no

effect, except that it reacts upon the offending prelate himself.[101]

Footnote 100:

C. lxix.

Footnote 101:

C. lxx.

After the author has thus denied the right of the church to use the

sword of excommunication in certain cases, there remains the question:

has the king any superior authority over the church? The answer is that

the king has such authority; and the author fortifies his position by

recalling the story how Solomon punished Abiathar the high priest, or

bishop as he is called in the _King’s Mirror_. In reply to the young

man’s inquiry whether Solomon did right when he deprived Abiathar of the

high-priestly office, the father affirms that the king acted properly

and according to law. The king is given a two-edged sword for the reason

that he must guard, not only his own house of judgment, but also the

house of the altar, which is ordinarily in the bishop’s keeping.

Abiathar had sinned in becoming a party to the treasonable intrigues of

Adonijah, who was plotting to seize the throne of Israel while his

father David was still living. Inasmuch as the high priest had attempted

to deprive the Lord’s anointed of his royal rights, Solomon would have

been guiltless even if he had taken Abiathar’s life. The author also

calls attention to the fact that Abiathar was elevated to the

high-priestly office by David himself.[102]

Footnote 102:

C. lxx.

On the question of the king’s right to control episcopal appointments

the _King’s Mirror_ is also in agreement with the earlier _Address_. On

the death of Archbishop John, the _Address_ tells us, “Inge appointed

Eystein, his own chaplain, to the archiepiscopal office[103] ... without

consulting any cleric in Trondhjem, either the canons or any one else;

and he drove Bishop Paul from the episcopal throne in Bergen and chose

Nicholas Petersson to be his successor.” Doubtless the philosopher of

the _King’s Mirror_, when he wrote of the fall of Abiathar, was also

thinking of the many Abiathars of Norwegian history in the twelfth

century, especially, perhaps, of the bishops of Sverre’s reign, who had

striven so valiantly to rid the nation of its energetic king. There can

be no doubt, however, that he regarded the hierarchy as inferior to the

secular government. A bishop, who unrighteously excommunicates a

Norwegian king and attempts in this way to render him impossible as a

ruler, forfeits not only his office but his life.

Footnote 103:

Archbishop Eystein was consecrated in 1161.

There was another problem in the middle ages which also involved the

question of ecclesiastical authority as opposed to secular jurisdiction,

the right of sanctuary. There can be no doubt that in the unsettled

state of medieval society it was well that there were places where an

accused might find security for a time at least; but the right of

sanctuary was much abused, too frequently it served to shield the

guilty. The _King’s Mirror_ teaches unequivocally that the right of

sanctuary cannot be invoked against the orders of the king. As usual the

author finds support for his position in the Scriptures. Joab fled to

God’s tabernacle and laid hold on the horns of the altar; nevertheless,

King Solomon ordered him to be slain, and the command was carried

out.[104] Solomon appears to have reasoned in this wise: “It is my duty

to carry out the provisions of the sacred law, no matter where the man

happens to be whose case is to be determined.” It was not his duty to

remove Joab by force, for all just decisions are God’s decisions and not

the king’s; and “God’s holy altar will not be defiled or desecrated by

Joab’s blood, for it will be shed in righteous punishment.”[105] And the

author is careful to emphasize the fact that God’s tabernacle was the

only house in all the world that was dedicated to Him, and must

consequently have had an even greater claim to sacredness than the

churches of the author’s own day, of which there was a vast number.[106]

Footnote 104:

C. lxvi.

Footnote 105:

C. lxix.

Footnote 106:

C. lxvii.

There was a Norwegian Joab in the first half of the thirteenth century,

who, like the chieftain of old, plotted against his rightful monarch and

was finally slain within the sacred precincts of an Augustinian convent.

Skule, King Hakon’s father-in-law, was a man of restless ambition, who

could not find complete satisfaction in the titles of earl and duke, but

stretched forth his hand to seize the crown itself. In 1239 he assumed

the royal title, but a few months later (1240) his forces were surprised

in Nidaros by the king’s army, and the rebellion came to a sudden end.

Skule’s men fled to the churches; his son Peter found refuge in one of

the buildings belonging to the monastery of Elgesæter, but was

discovered and slain. After a few days Duke Skule himself sought

security in the same monastery; but the angry Birchshanks, in spite of

the solemn warnings and threatenings of the offended monks, slew the

pretender and burned the monastery.[107] This was an act of violence

which must have caused much trouble for the king’s partisans, and it is

most likely the act which the author of the _King’s Mirror_ had in his

thoughts when he wrote of the fate of Joab.

Footnote 107:

_Hákonar Saga_, cc. 239-241; Munch, _Det norske Folks Historie_, III,

977-978.

Writers on political philosophy usually begin their specific discussion

of the theory of divine right of kingship when they come to the great

political theorists of the fourteenth century.[108] The most famous of

these is Marsiglio of Padua, who wrote his _Defensor Pacis_ in 1324. In

this work he asserted that the emperor derived his title and sovereignty

from God and that his authority was superior to that of the pope. Some

years earlier William Occam, an English scholar and philosopher, made

similar claims for the rights of the king of France. Earlier still,

perhaps in 1310, Dante had claimed divine right for princes generally in

his famous work _De Monarchia_. Somewhat similar, though less precise,

ideas had been expressed by John of Paris in 1305. But nearly two

generations earlier the doctrine had been stated in all its baldness and

with all its implications by the author of the _King’s Mirror_; and more

than a century before Dante wrote his work on “Monarchy” Sverre had

published his _Address_ to the Norwegian people. So far as the writer

has been able to determine there is no treatise on general medieval

politics, at least no such treatise written in English, which contains

even an allusion to these two significant works.

Footnote 108:

On this subject, see Figgis, _Divine Right of Kings_, c. iii.

The King's Mirror (Speculum regale-Konungs skuggsjá) · 第 3 / 26 段