,,Kátt er þeim af kristinrétti , kærur vilja margar læra"

Af kristinrétti Árna, setningu hans og valdsviði

Abstract

In 1275 the Christian Law of Bishop Árni (kristinréttur Árna biskups) was adopted in Iceland and replaced the Christian Laws’ Section of Grágas. Until 1275 the ecclesiastical laws had been a part of the secular law codex Grágás, but now it was separate and the acceptance of this new law established canon law in Iceland (although the Christian Law of Bishop Árni often preceded or followed Jónsbók in manuscripts, it was still a separate law). The Christian Law of Bishop Árni is largely based on the Christian Law of Archbishop Jón rau›i, the Christian Law of Gulafling and articles from the Christian Laws’ Section of Grágas (mainly the tithe-law), but it also includes sections from Liber extra and Decretum Gratiani. Although it was accepted at the Alflingi it has been debated whether the Christian Law of Bishop Árni was adopted for both Skálholt and Hólar (the two bishoprics) in 1275 or for Skálholt alone, followed considerably later by Hólar in 1354. In this article the former assumption is upheld. The law was clearly compiled under the guidance of Archbishop Jón rau›i and during a period when the Archbishop and King Magnús Hákonarson fought over the jurisdiction of the church. Even though the king never accepted the legislative power of the church (and therefore not the Christian Law of Archbishop Jón rau›i) the church gained considerable rights during the period 1270– 1280 (such as the Túnsberg accord of 1277). As the mother-church in Norway became more powerful the Icelandic church gradually developed into a self-governing body — with it’s own law — and the influence of chieftains over the church decreased substantially. In the midst of these developments the Christian Law of Bishop Árni came in to force. But just a few years later King Magnús Hákonarson was dead (1280), and a fierce conflict between church and state in Norway followed; Archbishop Jón rau›i fled the country (dying in exile) and many ecclesiastical rights were forfeited. Nonetheless during the 14th century the relationship between church and state in Norway improved, and by 1350 the church had again acquired most of the rights it had gained in 1270–1280.

The development of the Icelandic church during the last decades of the 13th century and on to the 14th reflected what was happening in Norway. The conflict between ecclesiastical and secular leaders in Norway led to similar debates in Iceland (though on a much smaller scale) and it became impossible for church leaders in Iceland to enforce the new church law. Just as in Norway, Icelandic laymen wanted to refer to the older church law — which was not founded on canon law — and the ongoing struggle between chieftain-farmers and bishops during the first half of the 14th century is documented both in annals and in the saga of Bishop Lárentíus (which mainly refers to the bishopric of Hólar). As long as the conflict went on in Norway, laymen in Iceland could count on support from the king in their struggle with the church. But as the relationship between church and state in Norway improved and the church regained its influential position around 1350 the situation changed in Iceland, and the church could again enforce the Christian Law of Bishop Árni with the approval of secular leaders in Norway. From the middle of the 14th century until the Reformation the Christian Law of Bishop Árni was the recognized legislation in church matters in Iceland even though it was practised in close correlation with the secular laws of Jónsbók.