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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, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...
of Denmark and Norway from 1665 until
1849 Events January–March * January 1 – France begins issue of the Ceres series, the nation's first postage stamps. * January 5 – Hungarian Revolution of 1848: The Austrian army, led by Alfred I, Prince of Windisch-Grätz, enters in th ...
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 garrison ...
, respectively. It established complete hereditary (
agnatic-cognatic primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...
) and
absolute monarchy Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
and formalized the king's absolute power, and is regarded the most sovereign 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 civilisations and operates in the wider context of social history. Certain jurists and hist ...
of the
University of Copenhagen The University of Copenhagen ( da, Københavns Universitet, KU) is a prestigious public university, public research university in Copenhagen, Copenhagen, Denmark. Founded in 1479, the University of Copenhagen is the second-oldest university in ...
, 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 Monarchy was the prevalent form of government in the history of Europe throughout the Middle Ages, only occasionally competing with communalism, notably in the case of the Maritime republics and the Swiss Confederacy. Republicanism became ...
". It is the only formal constitution of any absolute monarchy, and has therefore been the subject of considerable
historical History (derived ) is the systematic study and the documentation of the human activity. The time period of event before the History of writing#Inventions of writing, invention of writing systems is considered prehistory. "History" is an umbr ...
and
academic An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...
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
anointment Anointing is the 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, or ot ...
, on the indivisibility of the
kingdoms Kingdom commonly refers to: * A monarchy ruled by a king or queen * Kingdom (biology), a category in biological taxonomy Kingdom may also refer to: Arts and media Television * ''Kingdom'' (British TV series), a 2007 British television drama s ...
, on
princes A prince is a 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, in some European states. The ...
and
princesses Princess is a regal rank and the feminine equivalent of prince (from Latin ''princeps'', meaning principal citizen). Most often, the term has been used for the consort of a prince, or for the daughter of a king or prince. Princess as a subst ...
, on the king's duty to maintain absolute monarchy, and on the
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 ...
. 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 is 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 it, princes and princesses of the blood can only be criminally prosecuted on the king's orders. The King's Law was read aloud during the king's coronation and anointment, but not published until 1709. Two original copies are currently accessible to the public; one at the
Danish National Archives , nativename_a = , nativename_r = , logo = , logo_width = 300px , logo_caption = , seal = , seal_width = , seal_caption = , picture = File:Rigsarkivet.jpg , picture_width = , picture_cap ...
, and one at Rosenborg Castle (both in Copenhagen). The law at Rosenborg is Queen Margrethe II's private and is stored in the treasury vault among the
Danish Crown Regalia Danish Crown Regalia are the symbols of the Danish monarchy. They consist of three crowns, a Sceptre (symbolizing supreme authority), Globus cruciger (an orb symbolizing the earthly realm surmounted by a cross), the Sword of state and an Ampulla ...
.


Background

After Denmark's catastrophic defeat to Sweden in the
Dano-Swedish War Dano-Swedish War may refer to one of multiple wars which took place between the Kingdom of Sweden and the Kingdom of Denmark (from 1450 in personal union with the Kingdom of Norway) up to 1814: List of wars Legendary wars between Denmark an ...
(part of the Second Northern War) in 1660, an assembly of the estates of the realm () was summoned to Copenhagen by king
Frederik III Frederick III ( da, Frederik; 18 March 1609 – 9 February 1670) was King of Denmark and Norway from 1648 until his death in 1670. He also governed under the name Frederick II as diocesan administrator (colloquially referred to as prince-bi ...
, above all in order to reorganize the kingdom's finances. 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. 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 Frederick III ( da, Frederik; 18 March 1609 – 9 February 1670) was King of Denmark and Norway from 1648 until his death in 1670. He also governed under the name Frederick II as diocesan administrator (colloquially referred to as prince-bi ...
.


Completion

This new
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princi ...
(''lex fundamentalis'') for Denmark-Norway, which in 40 Articles gave the king absolute power, all the rights of the sovereign and 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 (; c. 1530 – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. He is known for his theory of sovereignty. He was also an influential writer on demonology. Bo ...
and
Henning Arnisaeus Henning Arnisaeus (Arniseus) (1570–1636) was a German physician and moral philosopher. http://www.scholasticon.fr/Database/Scholastiques_fr.php?ID=172 He is now known for his writings on political theory. Life He was born in Schlanstedt, a vi ...
. When the constitutional discussions were completed,
Schumacher Schumacher or Schuhmacher is an occupational surname (German language, German, "shoemaker", pronounced , both variants can be used as surnames, with Schumacher being the more popular one, however, only the variant with three "h"s can also be used ...
rewrote the new King's Law in duplicate. One was placed in the Privy Council's Archives (), i.e. in the
State Archives State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
(afterwards the
Danish National Archives , nativename_a = , nativename_r = , logo = , logo_width = 300px , logo_caption = , seal = , seal_width = , seal_caption = , picture = File:Rigsarkivet.jpg , picture_width = , picture_cap ...
), 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.


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, 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 thought, God is usually viewed as the supreme being, creator, and principal object of faith. Swinburne, R.G. "God" in Honderich, Ted. (ed)''The Oxford Companion to Philosophy'', Oxford University Press, 1995. God is typically ...
, 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 Lutheran Church and one of the most important documents of the Protestant Ref ...
( lutheranism). * 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 signing of a document) by an authorized party of a national government, in ...
and make peace, and was the head of the church.


Repealing

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 w ...
to the June Constitution of 1849, the King's Law was repealed except for Articles 27 to 40 (on the
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 ...
) and Articles 21 and 25 (concerning the royal
princes A prince is a 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, in some European states. The ...
and
princesses Princess is a regal rank and the feminine equivalent of prince (from Latin ''princeps'', meaning principal citizen). Most often, the term has been used for the consort of a prince, or for the daughter of a king or prince. Princess as a subst ...
). 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. 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 a monarch of the House of Oldenburg who was King of Denmark–Norway and Duke Duke is a male title either of a monarch ruling over a duchy, or of a member of royalty, or nobility. As r ...
ascended the
Danish throne The monarchy of Denmark is a constitutional institution and a historic office of the Kingdom of Denmark. The Kingdom includes Denmark proper and the autonomous territories of the Faroe Islands and Greenland. The Kingdom of Denmark was alr ...
in 1766 as absolute monarch. Throughout his reign he suffered from various physiological illnesses including schizophrenia, which made him insane. 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 Lèse-majesté () or lese-majesty () is an offence against the dignity of a ruling head of state (traditionally a monarch but now more often a president) or the state itself. The English name for this crime is a borrowing from the French, w ...
({{Lang-da, Majestætsfornærmelse). As a result, he could not be legally dismissed or forced to abdicate, nor could a
regency A regent (from Latin : ruling, governing) is a person appointed to govern a state ''pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy, ...
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 of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Br ...
, Britain's parliamentary system was not met with a similar problem. Christian married
Caroline Matilda of Great Britain Caroline Matilda of Great Britain ( da, Caroline Mathilde; 1751 – 10 May 1775) was Queen of Denmark and Norway from 1766 to 1772 by marriage to King Christian VII. The youngest and posthumous daughter of Frederick, Prince of Wales, by Prince ...
, George's sister, in 1766.


References


External Links

Text of Rex Legia in Danish. http://thomasthorsen.dk/dk-lr-1655.html Law of Denmark Legal history of Denmark Constitution of Denmark Succession acts Danish monarchy 1665 establishments in Europe 1665 in Denmark