King's Law

King's Law - Lex Regia
Overview
Original titleKongeloven - Lex Regia
JurisdictionRealm of Denmark-Norway
Created1664–1665
Presented14 November 1665
Copenhagen Castle
SystemAbsolute monarchy
RepealedNorway: 17 May 1814
Denmark: 5 June 1849 (two articles still applicable)
Location
Commissioned byFrederick III of Denmark and Norway
Author(s)chiefly Count Peder Griffenfeld
SignatoriesEstates of the Realm

The King's Law (Danish: Kongeloven) or Lex Regia (Latin: Law of The King) (also called the Danish Royal Law of 1665[1]) was the absolutist constitution of Denmark and Norway from 1665 until 1849 and 1814, respectively. It established complete hereditary (agnatic-cognatic primogeniture) and absolute monarchy and formalized the king's absolute power, and is regarded the most sovereign form[2] of all the European expressions of absolutism.[3][4][5] Danish professor in legal history of the University of Copenhagen, 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".[6] It is the only formal constitution of any absolute monarchy,[7][8] and has therefore been the subject of considerable historical and academic attention.[9][10][11]

The King's Law comprises 40 articles and is divided into seven main chapters.[12][13] 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, on the indivisibility of the kingdoms, on princes and princesses, on the king's duty to maintain absolute monarchy, and on the succession.[14]

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:[15][16] 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.[14][17]

The King's Law was read aloud during the king's coronation and anointing, but not published until 1709. Two original copies are currently accessible to the public, one at the Danish National Archives, and one at Rosenborg Castle (both in Copenhagen).[18] The copy at Rosenborg is King Frederik X's private property and is stored in the treasury vault along with the Danish Crown Regalia.[18]

Background

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Frederick III of Denmark and Norway, who became the first absolute monarch of Denmark-Norway.
Further information: History of Denmark § Absolutism

After Denmark-Norway's catastrophic defeat by Sweden in the Dano-Swedish War (part of the Second Northern War) in 1660, an assembly of the estates of the realm (Danish: stænderforsamling) was summoned to Copenhagen by king Frederik III, above all in order to reorganize the kingdom's finances.[19] The burghers especially felt that the nobility had not lived up to its responsibilities (securing the army and defence of the kingdom), which were the justification for its privileges.[6] In this tense situation, negotiations for various reforms went forward until the beginning of October, but in vain.[10] On 11 October, the king ordered the city gates 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.[20]

Seals and signatories of the Sovereignty Act.

Completion

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This new constitution (lex fundamentalis) for Denmark–Norway, which in 40 articles gave the king absolute power and all the rights of the sovereign, and also fixed the rules of succession, was influenced by contemporary European political thinking, especially by Jean Bodin and Henning Arnisaeus.[21]

When the constitutional discussions were completed, Schumacher rewrote the new King's Law in duplicate. One was placed in the Privy Council's Archives (Danish: Gehejmearkivet), i.e. in the State Archives (afterwards the Danish National Archives), another at Rosenborg Castle 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.[22]

Text and publication

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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.[23]

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'.[24] It effectuated the divine right of kings.[25]

A copy of the King's Law published by the Royal Danish Library, may be found at here.

Summary of the King's Law

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The law dictated the three primary duties of the Danish absolute monarch:[26]

In exchange, the king was given unrestricted rights and was, according to the constitution, responsible only to God.[26] For example, he had the unrestrained legislative and executive power, he could declare war and make peace, and was the head of the church.[18][27]

Chapter[12][13] Articles (Sections) Content
1 Prelude Introduced with "Lex Regia, which is the supreme King's Law", the constitution starts with the phrase "The best beginning to everything is to begin with God". The prelude puts forward arguments for the introduction of absolute monarchy.
2 Constitutional provisions and absolute power §§ 1-7 The king was to be the supreme head and judge of the people, and independent of all laws except the King's Law itself and respect for rights of property. For anyone to suggest a change in the law was made treason. The document itself expressly forbade any amendment.
3 Rules for guardian rule in the case of an underage monarch §§ 8-14 The king is considered of (legal) age at 14 years of age. The king himself can regulate guardianship in the event of his premature death. If he has not done so, then the mother is the king's guardian, to whom the seven chief ministers are bound. If the mother is dead or otherwise unable to perform the duties of a regent, the next male relative, who has reached the age of 17, will take her place.
4 Provisions on the king's accession and anointing §§ 15-18 The king cannot give any obligation or oath - "from him, orally or in writing, since he cannot be bound by his subjects as a free and unbound sole king". As soon as the king has come of age, he should be crowned and anointed to "receive God's blessing as soon as possible and the Lord's powerful assistance".
5 Indivisibility of the realm § 19 The realm of Denmark and Norway shall not be divided, since "reason and experience sufficiently teach that one unified and interconnected power is much stronger (...) than that which is separate and dispersed, and the greater the power and dominion of one lord and king, the safer he and his subjects live for the attacks of all external enemies".
6 Princes and princesses of blood §§ 20-25 Regulates the relationship of the king to the family members, for example, that no family member living in Denmark may marry without the king's permission (similar to the British Royal Marriages Act). The apanage and the maintenance of the princes are also regulated there. Articles 21 and 25 are still applicable to this day.[16]
7 Detailed provisions for hereditary succession §§ 26-40 The King's Law set forth an agnatic succession law that only allows for the succession of cognates (relations through females) in the alternative after the extinction of all the entitled to inherit agnates of the royal house - even in the most distant genealogical lines. Only when this occurs, that is, when there is no more agnate in the entire dynasty, does King's Law grant the cognate, man or woman who is the last king's closest genealogical relation, a right of succession to the throne.[28]

Repealing

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Denmark

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In the epilogue 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 and princesses).[29] 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 of royal princes and princesses are still applicable.[30] Likewise, the provisions of Article 21 concerning the king's permission for royal marriages and travels, are still applicable.[16]

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.[31]

Christian VII

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King Christian VII, who, because of the King's Law, could not be declared insane.

Christian VII of Denmark ascended the Danish throne in 1766 as absolute monarch. Throughout his reign he suffered from various physiological illnesses including schizophrenia, which made him insane.[32] As the King's Law had no physical or mental incapacity provisions, Christian could not officially be considered insane, as such a view would have constituted lèse-majesté (Danish: Majestætsfornærmelse).[32] As a result, he could not be legally dismissed or forced to abdicate, nor could a regency be enacted. During the mental illness attacks of Christian's first cousin, George III of Great Britain, Britain's parliamentary system was not met with a similar problem. Christian married Caroline Matilda of Great Britain, George's sister, in 1766.[13]

References

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  1. ^ Ekman, Ernst (1957). "The Danish Royal Law of 1665". The Journal of Modern History. 29 (2): 102–107. doi:10.1086/237987. ISSN 0022-2801. S2CID 145652129.
  2. ^ Allan., Tønnesen (2013). Magtens besegling : enevoldsarveregeringsakterne af 1661 og 1662 underskrevet og beseglet af stænderne i Danmark, Norge, Island og Færøerne. Heraldisk Selskab. pp. 11–20. ISBN 978-87-7674-661-2. OCLC 940258462.
  3. ^ Jensen, Mette Frisk (June 2014). "The Question of How Denmark got to be Denmark - Establishing Rule of Law and Fighting Corruption in the State of Denmark 1660 – 1900" (PDF). University of Gothenburg - Department of Political Science. © 2014 by Bo Rothstein.: 5. ISSN 1653-8919.
  4. ^ "Denmark - Danish absolutism". Encyclopedia Britannica. Retrieved 2021-02-12.
  5. ^ Gunner, Lind (2000). Den heroiske tid? Administrationen under den tidlige enevælde 1660-1720. Djøf Forlag. pp. 160–165. OCLC 842680306.
  6. ^ a b Johansen, Jens Chr. V. (2006–2008). "Absolutism and the 'rule of law' in Denmark 1660– c . 1750". The Journal of Legal History. 27 (2): 153–173. doi:10.1080/01440360600831170. ISSN 0144-0365. S2CID 144393072.
  7. ^ Folketinget: The Constitution Archived 7 May 2009 at the Wayback Machine
  8. ^ "Lex Regia/Kongeloven", The Oxford Companion to the Book, Oxford University Press, 2010-01-01, doi:10.1093/acref/9780198606536.013.2825 (inactive 2024-09-19), ISBN 978-0-19-860653-6, retrieved 2021-04-19{{citation}}: CS1 maint: DOI inactive as of September 2024 (link)
  9. ^ Jespersen, Knud J. V. (1987-01-01). "Absolute monarchy in Denmark: Change and continuity". Scandinavian Journal of History. 12 (4): 307–316. doi:10.1080/03468758708579123. ISSN 0346-8755.
  10. ^ a b "Kongeloven af 1665". danmarkshistorien.dk (in Danish). University of Aarhus. Retrieved 2021-02-12.
  11. ^ "Google Scholar: 1.180 results". scholar.google.com. Retrieved 2021-04-20.
  12. ^ a b "Source Material: Kongeloven, 14. november 1665". danmarkshistorien.dk (in Danish). Retrieved 2021-04-19.
  13. ^ a b c Hvidtfeldt, Johan (1942-01-01). "Paul Johannes Jørgensen: Dansk Retshistorie. (Gads Forlag, 1940.)". Historie/Jyske Samlinger. 5: 146. ISSN 0107-4725.
  14. ^ a b "Kongeloven | lex.dk". Den Store Danske (in Danish). Retrieved 2021-02-12.
  15. ^ "Retsinformation - Lex Regia (Konge-Lov)". www.retsinformation.dk. Retrieved 2021-02-12.
  16. ^ a b c "Archive: Legal Affairs Committee, L 219 - Annex 8. Answer to Question No 15 of 19 April 2000. "(...) which remains legally applicable"". webarkiv.ft.dk. Retrieved 2021-04-19.
  17. ^ "Kongeloven. Digital udgave". bjoerna.dk. Retrieved 2021-02-12.
  18. ^ a b c "Kongeloven af pergament, silke, guld og sølv på Rosenborg - Kongernes Samling". www.kongernessamling.dk (in Danish). Retrieved 2021-04-19.
  19. ^ Ole, Feldbæk (2007). Gyldendals bog om Danmarks historie. Gyldendal. p. 111. ISBN 978-87-02-05810-9. OCLC 254319692.
  20. ^ Horstbøll, Henrik; Østergård, Uffe (1990–2001). "Reform and revolution: The French revolution and the case of Denmark". Scandinavian Journal of History. 15 (1–2): 155–179. doi:10.1080/03468759008579195. ISSN 0346-8755. S2CID 262244870.
  21. ^ Knud., Haakonssen (2007). "The Danish Debate about Montesquieu: Ditlev Tamm". Northern antiquities and national identities. The Royal Danish Academy of Sciences and Letters. pp. 164–165. ISBN 978-87-7304-334-9. OCLC 717818367.
  22. ^ Kongeloven af 1665. Lex Regia [King's Law of 1665. Lex Regia]. Cultural sociologist Bjørn Andersen. Version 1.10. 2 May 2007
  23. ^ Foot, Mirjam (1996–2004). "Book Review: On Parchment, Paper and Palm Leaves … Treasures of the Royal Library, Denmark". Alexandria: The Journal of National and International Library and Information Issues. 8 (1): 80. doi:10.1177/095574909600800107. ISSN 0955-7490. S2CID 194761361.
  24. ^ "Kongeloven af 1665 · Danske konger". 2012-03-30. Archived from the original on 2012-03-30. Retrieved 2021-02-14.
  25. ^ "Kongeloven i billeder på nettet: Se den her". Rigsarkivet (in Danish). Retrieved 2021-02-14.
  26. ^ a b "Historical artefacts". The Danish Monarchy - Front Page. 2016-04-07. Retrieved 2021-04-19.
  27. ^ Orfield, Lester (1950-12-01). "Danish Law, Part I". University of Miami Law Review. 5 (1): 24.
  28. ^ Frederik, Wegener, Caspar (1852). Forsvar for Danmarks Kongers og Kongehuses, navnlig Prinds Christians og Gemalindes fulde Arveret efter Lex Regia. Reitzel. OCLC 247628905.{{cite book}}: CS1 maint: multiple names: authors list (link)
  29. ^ Dansk Statsret. Jens Peter Christensen, Jørgen Albæk Jensen, Michael Hansen Jensen (3 ed.). DJØF/Jurist- og Økonomforbundets Forlag. 2020. p. 494. ISBN 978-87-7198-444-6. OCLC 1159423096.{{cite book}}: CS1 maint: others (link)
  30. ^ "Background notes on: Repeal of the oldest laws and regulations which are obsolete". www.retsinformation.dk. 26 May 2000. Retrieved 2021-04-19.
  31. ^ Knie-, Bent; ersen; historiker (2015-11-14). "Loven der samlede al magt i riget hos kongen". Kristeligt Dagblad (in Danish). Retrieved 2021-04-20.
  32. ^ a b Schioldann, Johan (June 2013). "'Struensée's memoir on the situation of the King' (1772): Christian VII of Denmark". History of Psychiatry. 24 (2): 227–247. doi:10.1177/0957154X13476199. ISSN 0957-154X. PMID 24573261. S2CID 20674388.
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Text of Rex Legia in Danish. http://thomasthorsen.dk/dk-lr-1655.html [[]]

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