King's Law
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The King's Law () or ''Lex Regia'' (also called the Danish Royal Law of 1665) was the absolutist
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
of Denmark and Norway from 1665 until
1849 Events January–March * January 1 – France begins issue of the Ceres series (France), Ceres series, the nation's first postage stamps. * January 5 – Hungarian Revolution of 1848: The Austrian army, led by Alfred I, Prince of Windisc ...
and
1814 Events January * January 1 – War of the Sixth Coalition – The Royal Prussian Army led by Gebhard Leberecht von Blücher crosses the Rhine. * January 3 ** War of the Sixth Coalition – Siege of Cattaro: French gar ...
, respectively. It established complete hereditary and absolute monarchy and formalized the king's absolute power, and is regarded the most
sovereign ''Sovereign'' is a title that can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin">-4; we might wonder whether there's a point at which it's appropriate to ...
form of all the European expressions of absolutism. Danish professor in
legal history Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and his ...
of the
University of Copenhagen The University of Copenhagen (, KU) is a public university, public research university in Copenhagen, Copenhagen, Denmark. Founded in 1479, the University of Copenhagen is the second-oldest university in Scandinavia, after Uppsala University. ...
, Jens Chr. V. Johansen, asserts that with Europe's least circumscribed form of absolutism, Denmark "may be considered the most absolute of all the absolute European monarchies". It is the only formal constitution of any absolute monarchy, and has therefore been the subject of considerable
historical History is the systematic study of the past, focusing primarily on the human past. As an academic discipline, it analyses and interprets evidence to construct narratives about what happened and explain why it happened. Some theorists categ ...
and
academic An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...
attention. The King's Law comprises 40 articles and is divided into seven main chapters. Articles 1 to 7 determine the royal absolute power, and the following articles contain rules on the king's authority and guardianship, on the king's accession and
anointing Anointing is the ritual, ritual act of pouring aromatic oil over a person's head or entire body. By extension, the term is also applied to related acts of sprinkling, dousing, or smearing a person or object with any perfumed oil, milk, butter, ...
, on the indivisibility of the
kingdoms Kingdom commonly refers to: * A monarchic state or realm ruled by a king or queen. ** A monarchic chiefdom, represented or governed by a king or queen. * Kingdom (biology), a category in biological taxonomy Kingdom may also refer to: Arts and me ...
, on
princes A prince is a Monarch, male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary title, hereditary, in some ...
and
princesses Princess is a title used by a female member of a regnant monarch's family or by a female ruler of a principality. The male equivalent is a prince (from Latin '' princeps'', meaning principal citizen). Most often, the term has been used for ...
, on the king's duty to maintain absolute monarchy, and on the succession. In Denmark the King's Law was replaced in 1849 by the Constitution of the Kingdom of Denmark (June constitution), although two Articles of the King's Law are still applicable: firstly Article 21, requiring the king's permission for the departure and marriage of princes and princesses, and secondly Article 25, according to which princes and princesses of the blood can be criminally prosecuted only on the king's orders. The King's Law was read aloud during the king's coronation and anointing, but not officially published until 1709. Two original copies are currently accessible to the public, one at the Danish National Archives, and one at
Rosenborg Castle Rosenborg Castle () is a renaissance castle in Copenhagen, Denmark. The castle was originally built as a country summerhouse in 1606 and is an example of Christian IV's many architectural projects. It was built in the Dutch Renaissance style, t ...
(both in
Copenhagen Copenhagen ( ) is the capital and most populous city of Denmark, with a population of 1.4 million in the Urban area of Copenhagen, urban area. The city is situated on the islands of Zealand and Amager, separated from Malmö, Sweden, by the ...
). The copy at Rosenborg is King Frederik X's private property and is stored in the treasury vault along with the Danish Crown Regalia.


Background

After Denmark-Norway's catastrophic defeat by
Sweden Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...
in the Dano-Swedish War (part of the
Second Northern War The second (symbol: s) is a unit of time derived from the division of the day first into 24 hours, then to 60 minutes, and finally to 60 seconds each (24 × 60 × 60 = 86400). The current and formal definition in the International System of ...
) in 1660, an assembly of the
estates of the realm The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed a ...
() was summoned to
Copenhagen Copenhagen ( ) is the capital and most populous city of Denmark, with a population of 1.4 million in the Urban area of Copenhagen, urban area. The city is situated on the islands of Zealand and Amager, separated from Malmö, Sweden, by the ...
by king Frederik III, above all in order to reorganize the kingdom's finances. The burghers especially felt that the
nobility Nobility is a social class found in many societies that have an aristocracy. It is normally appointed by and ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. T ...
had not lived up to its responsibilities (securing the army and defence of the kingdom), which were the justification for its privileges. In this tense situation, negotiations for various reforms went forward until the beginning of October, but in vain. On 11 October, the king ordered the
city gate A city gate is a gate which is, or was, set within a city wall. It is a type of fortified gateway. Uses City gates were traditionally built to provide a point of controlled access to and departure from a walled city for people, vehicles, goods ...
s of Copenhagen to be closed so that no one could leave without the permission of the king and the mayor. Under intense pressure from the burghers of Copenhagen and through the threat that force might be employed against the Danish nobility, the estates were persuaded to "agree" to transfer absolute power to the crown, Frederik III.


Completion

This new
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
(''lex fundamentalis'') for
Denmark–Norway Denmark–Norway (Danish language, Danish and Norwegian language, Norwegian: ) is a term for the 16th-to-19th-century multi-national and multi-lingual real unionFeldbæk 1998:11 consisting of the Kingdom of Denmark, the Kingdom of Norway (includ ...
, which in 40 articles gave the king absolute power and all the rights of the sovereign, and also fixed the rules of
succession Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of ...
, was influenced by contemporary European political thinking, especially by
Jean Bodin Jean Bodin (; ; – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. Bodin lived during the aftermath of the Protestant Reformation and wrote against the background of reli ...
and Henning Arnisaeus. When the constitutional discussions were completed, Schumacher rewrote the new King's Law in duplicate. One was placed in the Privy Council's Archives (), i.e. in the State Archives (afterwards the Danish National Archives), another at
Rosenborg Castle Rosenborg Castle () is a renaissance castle in Copenhagen, Denmark. The castle was originally built as a country summerhouse in 1606 and is an example of Christian IV's many architectural projects. It was built in the Dutch Renaissance style, t ...
together with the state crowns ( Christian IV's and Christian V's) and the other crown regalia. Moreover, the fact that Schumacher had a very large part of the credit for the law is evident from the fact that he countersigned it.


Text and publication

The King's Law was published during the reign of Frederick IV, engraved throughout, the royal copy bound in red velvet elaborately embroidered in gold and silver thread with the king's monogram in the centre. Essentially, the King's Law stated that the King was to be 'revered and considered the most perfect and supreme person on the Earth by all his subjects, standing above all human laws and having no judge above his person, ..except God alone'. It effectuated the divine right of kings. A copy of the King's Law published by the
Royal Danish Library Royal Danish Library () is a merger of the two previous national libraries in Denmark: the State and University Library in Aarhus and the Royal Library in Copenhagen Copenhagen ( ) is the capital and most populous city of Denmark, wit ...
, may be found a
here


Summary of the King's Law

The law dictated the three primary duties of the Danish absolute monarch: * To worship
God In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...
, according to the
Augsburg Confession The Augsburg Confession (), also known as the Augustan Confession or the Augustana from its Latin name, ''Confessio Augustana'', is the primary confession of faith of the Lutheranism, Lutheran Church and one of the most important documents of th ...
(
Lutheranism Lutheranism is a major branch of Protestantism that emerged under the work of Martin Luther, the 16th-century German friar and Protestant Reformers, reformer whose efforts to reform the theology and practices of the Catholic Church launched ...
). * To keep the kingdoms ( Denmark-Norway) undivided. * To ensure that the King's power did not deteriorate. In exchange, the king was given unrestricted rights and was, according to the constitution, responsible only to God. For example, he had the unrestrained legislative and executive power, he could
declare war A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a national gover ...
and make peace, and was the head of the church.


Repealing


Denmark

In the
epilogue An epilogue or epilog (from Greek ἐπίλογος ''epílogos'', "conclusion" from ἐπί ''epi'', "in addition" and λόγος ''logos'', "word") is a piece of writing at the end of a work of literature, usually used to bring closure to the ...
to the June Constitution of 1849, the King's Law was repealed except for Articles 27 to 40 (on the succession) and Articles 21 and 25 (concerning the royal
princes A prince is a Monarch, male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. ''Prince'' is also a title of nobility (often highest), often hereditary title, hereditary, in some ...
and
princesses Princess is a title used by a female member of a regnant monarch's family or by a female ruler of a principality. The male equivalent is a prince (from Latin '' princeps'', meaning principal citizen). Most often, the term has been used for ...
). The King's law's provisions on the succession were repealed by the Act of Succession of 1953. On the other hand, the provisions of Article 25 of the King's Law concerning, inter alia, the
legal immunity Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. S ...
of royal princes and princesses are still applicable. Likewise, the provisions of Article 21 concerning the king's permission for royal marriages and travels, are still applicable. Although the King's Law was repealed, many of the king's prerogatives of the Danish Constitution have a precursor in the King's Law. Thus, several of the prerogatives are directly to be found in the King's Law.


Christian VII

Christian VII of Denmark Christian VII (29 January 1749 – 13 March 1808) was King of Denmark–Norway, Denmark and Norway and Duke of Duchy of Schleswig, Schleswig and Duchy of Holstein, Holstein from 1766 until his death in 1808. He was affected by mental illness and ...
ascended the Danish throne in 1766 as absolute monarch. Throughout his reign he suffered from various physiological illnesses including
schizophrenia Schizophrenia () is a mental disorder characterized variously by hallucinations (typically, Auditory hallucination#Schizophrenia, hearing voices), delusions, thought disorder, disorganized thinking and behavior, and Reduced affect display, f ...
, which made him insane. As the King's Law had no physical or mental
incapacity Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sen ...
provisions, Christian could not officially be considered insane, as such a view would have constituted
lèse-majesté ''Lèse-majesté'' or ''lese-majesty'' ( , ) is an offence or defamation against the dignity of a ruling head of state (traditionally a monarch but now more often a president) or of the state itself. The English name for this crime is a mod ...
({{Langx, da, Majestætsfornærmelse). As a result, he could not be legally dismissed or forced to abdicate, nor could a
regency In a monarchy, a regent () is a person appointed to govern a state because the actual monarch is a minor, absent, incapacitated or unable to discharge their powers and duties, or the throne is vacant and a new monarch has not yet been dete ...
be enacted. During the mental illness attacks of Christian's first cousin,
George III of Great Britain George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and Ireland from 25 October 1760 until his death in 1820. The Acts of Union 1800 unified Great Britain and Ireland into the United Kingdom of Great ...
, Britain's parliamentary system was not met with a similar problem. Christian married Caroline Matilda of Great Britain, George's sister, in 1766.


References


External links

Text of Rex Legia in Danish. http://thomasthorsen.dk/dk-lr-1655.html Denmark–Norway Law of Denmark Law of Norway 17th century in Danish law Constitution of Denmark Frederick III of Denmark Succession acts Monarchy of Denmark Monarchy of Norway 1665 establishments in Europe 1665 in Denmark 1665 in Norway