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Sverri's Saga

Appendix II
Anecdoton Sverreri
A Defence of the King against the Bishops and Clergy, Out Of the Canon Law (Decretum Graciani)

Let our discourse thus begin; May Almighty God be with us and give men a good understanding of the words which I desire to speak. For so great is the infirmity of out land that there is full need for every man to frame sentences such as may lead the people to understand what is most true and reasonable. We wish then to set forth and declare to you, through the insight and instruction wherewith God has enlightened us, what seems to us the cause that we have lost the Christianity that was ours. And I pray that men may discern and understand whence comes that loss which has befallen us; forasmuch as those who are our teachers, and ought to lead us to a right belief, point to the King as the destroyer of our Christianity the King and his men.

The foundation of a right understanding is, that Christ and Holy Church make one complete body, perfect and entire, with all its members sound. Christ Himself is the head, the Church is the trunk of this body. The eyes should be our Bishops, who should point us to the right way and the safe road, free from all erring paths, and should moreover have a careful oversight of all the members. The nostrils should be the Archdeacons, who should perceive and scent all the perfume of righteousness and sacred truth. The ears should be the Deans and Provosts, who should hear and decide causes and difficult suits in holy Christianity. The tongue and lips should be our Priests, who should preach to us sound doctrine, and themselves afford good examples by their conduct. The hear and breast should be the Kings, whose duty lies in solicitude, in deliberating and in acting, in emboldening and defending all the other members. The shoulders and back and loins should be the Earls and great Chiefs, to bear and lighten every burden that is to be borne. The arms should be the Barons, to be a sure aid to both breast and shoulders. The forearms and hands should be the Knights and Guardsmen, and other warriors besides, who should be weapons for the protection and defence of the breast and all other members. The stomach and bowels should be the Monks and Friars, who should taste and eat only the food from which the whole body should receive nourishment and strength. The legs and arms should be the Yeomen and Commons, who should support this body by their labour and all their toil.

But now exists the evil, that all the members suffer change in their nature, and each forsakes the office and service which it should perform. The eyes look sideways, and see dimly. The same scales32 have fallen upon the eyes of our bishops that fell on the eyes of the Apostles the night when God was taken. The same frowziness and heaviness is come upon them, and they see all things as in a dream, where they distinguish neither clear light nor true appearance. The nostrils perceive only a stench, and not a perfume or sweet smell. The ears are now dull of hearing and can hear neither truth nor good sense. Indeed truth is neither heard nor seen. Our bishops and other rulers, who should watch over Christianity, are blinded by covetousness, excess, ambition, arrogance, and injustice. There have now arisen bishops such as those whom God Himself slew aforetime, Hophini and Phineas, sons of Eli, High priest in Shiloh, who did violence to the holy sacrifices which the people would offer to God, and seized with wrong and robbery all His offerings and Holy sacrifices from God's holy people. And it has now come to pass that in the same manner our tithes and charitable offerings are demanded with threats and ban and excommunication. We are urged to build churches, and when they are built we are driven from them like heathens.33 We are urged to undertake the cost, but are given no rule over them. Sins and offences into which men fall are used as rent-producing farms; sinners are not chastised with right punishments, as every one is at liberty to compound for his sins if he wishes, for silence is at once kept when money is offered. We are deprived of some of our property with the sanction of the law; but where the law fails to apply, it is taken unjustly and by laying charges against us; and the wealth that is obtained and amassed is removed out of the country on an evil errand, for it is transmitted to Rome to purchase excommunications and anathemas, which are sent to our land as recompense for our Christianity and the consecration of churches. These are the gifts and presents brought o us in return for our tithes, and other property: we are given gall to drink instead of wine, and poison instead of God's blood. The mouths and lips of our priests have begun to stammer, their tongues to be speechless; for either they are altogether silent, or utter what is worse than nothing. They themselves afford no examples but what are evil and come of unbelief: they surpass the ignorant and foolish in deceiving men's wives, daughters, and kinswomen; they are not ashamed to bear false witness, they commit perjury, they practice legal quirks, and are zealous in all wrongful greed; they call that right which is wrong, and that wrong which is right, and so lead all astray, and themselves too, with their deceitful persuasions. Should they do us wrong and we ask reparation of them, they say they have to answer to give, no reparation to make, just as if we had been created without rights where they are concerned, meet to suffer form theme very outrage they desire to inflict on us. So acted Hophni and Pineas towards God's people in Shiloh. So acted the two false priests who condemned Susannah in Babylon because of their own lust and not according to her desert. It is clear that grave-bands and the napkin which God loosed form the face of Lazarus when He called him from the grave are now bound about the faces of our teachers. They point us to no ways but those of death; some of them supply our land with excommunications and anathemas; some collect a crowd together, with weapons and shields,34 deprive us of our property and our freedom, incite themselves and us to much slaughter, and so wish to destroy alike our bodies and our souls.

Now although we receive rebuke form the Bishop of Rome, or Cardinals, yet can we not impute it to the Pope, for he neither knows what goes forward, in this land, nor in any other that lies far distant from him. Our bishops and clergy are to blame, for in their enmity to us they carry gossip and lies to the Pope. He thinks they bring truth, while they bring only false and lying statements. There is a King in the land of whom all men know whether he has done any wrong to Holy Church or the clergy; and we think that few kings have granted fuller right or freedom to clergy, or have better protected holy establishments35 than this King, if truth be told. Now, inasmuch as this is true, then it is evident that if they have borne evil report of the King from Norway to the Pope, they have borne it with lies and evil guile, and have thereby done great injury to the King and to all the people, without any gain to themselves. And though the Pope has pronounced sentence, his condemnation will not touch the King or any innocent man in the land, for God is ever a righteous judge, and His judgments are according to right, and not according to the iniquity of lying and deceitful men, to this bear witness the Decretum and the Holy Cause, for thus speaks Pope Gregorius touching excommunication, and Urbanus to the same effect, in the eleventh Cause and third Question:36Sentica Pastoris sive justa sive injusta feurit, simper timenda est.” Which signifies in our tongue: “The ban which the bishop pronounces is to be feared, be it pronounced justly or unjustly.” “Pestea notra decreta determinant autoritates Gregorii et Urbani; eodem modo Gregorius dixit: Sneticia injuste illata not est servanda sed timenda. Sic et Urbanus; Timenda est ergo non ex superbia contemneda.” This signifies in our tongue: “The Decretum itself afterwards decides what Gregorius and Urbanus have said; and Gregorius does not say the ban is to be heeded which is unjustly pronounced, but that it should be feared. To the same effect also says Urbanus: The ban must be feared lest man fall into it through Ignorance or Heedlessness; but he shall not regard himself as actually accursed, for he is innocent.” To the same effect Pope Gelasius bears witness in the same Cause when he thus speaks: “Cui illata est injusta sentencia, tanto curare eam no debet, quanto apud Deum et ejus ecclesiam neminem potest gravare iniqua senticia. Its ergo ab ea absolve non desideret, quia se nullatenus prospicit obligatum.37 Which signifies in our tongue: “An innocent man subjected to ban and anathema shall pay the less heed to it, because a misplaced ban injures no one before God and Holy Church , no weighs upon him. He shall not seek absolution to be released from the ban, for he knows himself guiltless and not subject to it, inasmuch as it was unjustly pronounced.” Item Augustinus in eadem causa: “Temerarium judicium plerumque nichil nocet ei de quo temere judicatum est, ei autem qui temere judicat, ipsa temeritas [necesse] est ut noceat.38 Idem : “Quid obest homini quex illa tabula vult eum delere humana ingorancia, si de libro vivencium eum non deleat iniqua sentecia.39 Which signifies in our tongue, that Saint Augustine , in the same Cause, uses these words: “an ill-natures and rash sentence does no injury to him who is hastily and wrongfully condemned. But whoso in pronouncing sentence is both severe and rash and unjust, his rashness and iniquitous sentence fall upon himself.” And Augustine follows with this: “ Qui Justus est et injuste maledictiur premium illi redditur.40. Which in our tongue signifies: “Whoso is righteous and is made subject to ban and anathema, though innocent, to him it gain rather than harm.” Item ex verbis Calixti Pape in eadem causa: “viribus caret sentencia injuste prolata.41 Which words of Pope Calixtus, when he thus speaks, signify in our tongue: “The ban unjustly pronounced has no power or strength to injure the man who is subjected to it.” Item ex verbis Augustini in eadem causea: “Illud non femere dixerimus quid si quisquam fidelium anatematizatus fuerit injuste, ei pocius oberit qui facit, quam ei qui hanc patitur injuriam.42 Which words of St. Augustine, speaking of the subject in the same Cause, signify in our tongue: “I venture boldly to assert that if a man is made subject to ban through wrongful charges against him, the ban falls upon the man who wrongfully pronounces it,43 and it injures not him who is thus put to shame, since he is blameless.”

Item ex verbis beati Ghieronimi in vicesima quarta causa questione tercia: “Si quis non recto judicio eorum qui present ecclesie depellatur et foras mittatur, si non ita egit ut mereretur exire, nichil leditur in eo quod non recto judicio ab hominibus videtur expulsus, et ita fit ut interdum ille est foris qui intus videtur teneri.44 Which words of St. Jerome, when he thus speaks in the twenty-fourth Cause and third Question, signify in our tongue: “If a man is subject to an unjust sentence or hatred from those who are set to guard Holy Church, and is deprived of the society of other Christian men through excommunication, and if the charge brought against him is false, so that he deserves not, because of it, to be driven from intercourse with other men in hatred is yet esteemed by God among the company of the good, and he who seems in the eyes of men to be esteemed among the company of the good is really far from God and shut out from Him.”

These examples, and many others, bear witness that wrong judgments cannot injure us, though the deceitful wickedness of our clergy has had the power to put us to shame, for they flee from us and from this land as if we were heathen.45 Either the wise rulers of Holy Church and Christendom have pronounced no excommunication though they have been urged, or excommunication has been pronounced, and it has certainly fallen upon those who by injustice and wickedness requested it, and has not fallen upon us, who certainly deem ourselves innocent, and certainly believe ourselves exempt from all excommunication. And though we utter all these things in general terms, as if they referred to almost all the clergy, yet we would have it known that we refer to those only who recognize in this injustice to us the description of their own error, falsity, and treachery; these are not attributed to all, though more are involved than gain by them, and more than are a comfort to us We would ask of those who do not recognize their own description in these wrongs towards us, that they would have no fellowship with those who have now followed erroneous counsels. As for those who recognize themselves in this injustice to us, let them abandon it, and practice justice instead, and not act so as to draw upon themselves in the this world the hatred of all who observe their conduct, and in the next world the condemnation of God and the loss of salvation. Let them consider and take to heart the good example of the yeoman who commits not his sheep to the charge of a shepherd that the shepherd may sell them or slay them, or chase them over the fell, or break their feet to pieces, or tear off their wool, but rather that he may lead them to good pastures and protect them from all danger. And if he lose one of them he should then search through every wood with much toil until he finds it. He must not drive them out of their good pastures away from the yeomen and into the mouth of the ravenous would. All should know, clerical and lay, that the clerical leaders are not set over God's people to tread scornfully upon their necks, to cast shame in their teeth, to regard them as good to be pillaged and wrongfully plundered of their goods.46 Still less are they set over God's people to turn them away form God to hell, as into the mouth of a ravenous world, either by wrongful ban and anathema or by false persuasions. They should rather, on God's behalf, watch over those who desire to be Christians, and if one is so foolish as to walk of himself in the paths of error, they ought to lead him back by fair persuasions, and gentle teachings, and loving counsels. SO says God Himself in three fold question He put to the Apostle Peter, “Peter, lovest thou Me?” and Peter answered, “Lord, thou knowest that I love thee well.” “If Thou lovest Me well, tend well My sheep.” Then God asked Peter a second time in the same words, “Lovest thou Me well?” Peter answered also in the same words. “If thou lovest Me well, end well My sheep.” Again God asked in the same manner, “Peter, lovest thou Me Well?” Then Peter was vexed that any blemish should have been found in his love towards God, and he answered tremblingly, but yet boldly, because he knew his love towards his master to be sincere, “Lord, thou knowest all things; Thou knowest that I love Thee well,” And God answered him, If thou lovest Me well, then tend thou My sheep very well.” Hence can be seen if a man may expect food rewards from God, when he drives God's sheep against their will form good pastures and sends them to God's enemies that is form Christianity to hell, by means of wrongful ban or deceitful persuasions. For thrice in the same words God bade Peter that he should tend His sheep with care as great as the love he bore to God was great. And of these things the clergy cannot be ignorant, if they really understand what they read, and chant in Holy Church, for they are written in the Gospel. These are not the word of men, but the very words of the Gospel.

Some of our clergy have fallen into the heresy of supposing it to be a good work and defence of religion, to despise their king, and others, chiefs in the land, who serve him; and to despise the King's men who support him in strengthening the defence of the kingdom. The hold them in hatred, as if the King were an established opponent of God and Holy Church. Either therefore they are ignorant of what Holy Scripture commands them in this matter, or they fall into this pernicious opinion though heresy and overmuch envy. Now inasmuch as we think that ignorance rather than wickedness is the cause in many, though not in all, it is necessary for us to bring forward witness from the Holy Books which ma y show to all that dury and God's Word bid them to be loyal to their King and guard his honour in all places. For we think those to be plainly steeped in heresy who oppose the king or kingly majesty; most of all, if they drag others into the like heresy with themselves, and pay no heed, either they or the other clergy who are with them in this evil design, to what God Himself says in the Holy Gospel. “Ve vobis qui regnum[celorum] claudatis nec vos intratis nec alio intare permittitis,” Which signifies in our tongue: “Woe is to you who shut up the Kingdom of Heaven, and neither go in yourselves nor suffer others to go in.” There is great need of care that those be chosen as our teachers who can understand the holy Scripture' they will be the more ready to follow it as they better perceive what is profitable. For we do not think it right that those should be our masters who know no more than we, or that men should stand at the holy altar and present the offerings that belong to a holy altar unless they themselves have a good understanding of the office which is placed in their hands.47 Most conclusive on this point are the words of Pope Gregorius in Decretis in xxv. Causa, questione prima, in the chapter where he thus speaks: Hanc [hæc] consona sanctis patribus diffinicione sancimus ut qui sacris alteribus ministare ignorant ne communionem accipere dignus sit.”48 Which signifies in our tongue: “Agreeably to the Holy Fathers, we decree that henceforth those who understand not the office of the holy alter, or who negligently serve, are unworthy to partake of the offerings which belong to the holy altar.”

All of you, clerical and lay, shall now know and perceive that kings and secular chiefs are not created to oppose God and Holy Church . God Himself binds secular rule to office in Holy Church, whereby kings exercise authority and guardianship in Holy Church; and it becomes their duty to demand large service from the stewards of the Church and to receive it; as the Decretum makes clear in vicesima terica causa in questione quinta, in the chapter where it is said: “ Principes seculi nonnunquam intra ecclesiam protestatis adepte culmina tenent ut per eandem protestatem disciplinam ecclesiasticam muniant.”49 Which may be interpreted in our tongue: “Secular chiefs ought to hold the highest rank in Holy Chruch and the precepts of Christianity.” And at another time in the Decretum it is said: Sepe per regnum terrenum celeste regum perficit, ut qui contra ecclesiam et disciplinam agant rigore principim conterantur.”50 Which in our tongue signifies: “The rule of Heaven often receives support from the secular rule, for those who disobey the holy doctrines which belong to Christianity are not completely under control unless they have a dread of the secular rulers.” Again, in the same Cuase it is said: “ Congnoscant principes secult, deo se debere racionem esse reddituros propter ecclesiam quam Christo tuendam susicpiunt.”51 Which signifies in our tongue: “Let the secular chiefs know for certain that they shall render an account to God of His Church, for He has entrusted it to their watch and keeping.” And Pope Leo, a little later on in the same Cause, says: “Res omnes tute aliter wsse non possunt, que ad divinam confessionem pertinent, nisi regia et sacerdotalis defendaat auctoritas.”52 Which signifies in our tongue: “All Matters which belong to the service of the Holy Church cannot be safely directed unless both kingly and Episcopal authority watch over them.”

Now, inasmuch as the control and keeping of Holy Church are so bound up in the hands of kings that these have to render an answer and an account to God himself, it is now necessary to understand what loyalty and worship the clergy ought to afford kings and kingly rule in return for the protection received from them, so that they and others may not imagine they are not bound to render the King service or fully loyalty. St. Jerome thus speaks in the same Cause which I have already quoted. “ Eterna Mercede Fraulatur qui fidem et revernciam princibus et potestatibus servare contempnit.”53 Which signifies in our tongue: “Whosoever will not render to the King full loyalty and worship will be rejected by God from eternal honour.” And again in the same Cause, he says: “ Quomodo enim fidelis potest esse in substantia Dei qui carnali domino fidem exibere non potuit.”54 Which signifies in our tongue: “If the King demands tribute from us, let the property of Holy Church pay tribute for us. If the King demands the property of Holy Church, he has power to take it if he well. Let him take it if he will; I neither do one thing nor another; I neither refuse nor do I give, for it is not mine.” And in the same Cause, a little later, St. Ambrose says: “Magnum quidem est et speciale documentum quod Christiani Viri sublimioribus potestatibus doecentur debere esse subjecti, ne quis constitucionem terreni Regis putet esse solvendaml se enim censum filius Dei solvit, quis tu tantus es qui non putas esse solvendum.”55 Which signifies in our tongue: “It is a great charge and special command that all Christian men be taught to be faithful and obedient to the rulers of the world. Let not men think that they may easily be released from what an earthly king ordains. Who is so great a man that he will not render full homage to his king, when the very Son of God paid tribute, and rendered full homage to an earthy king?” And in the same Cause the holy Apostle Paul, using these words, says: “Omnis anima potestaibus sublimoribus subdita sit.”56 Which signifies in our tongue: Let every man be subject and obedient to the secular rulers.” And the Holy Apostle Paul, speaking to all Christian men uses these words: “Estote subditi dominis vestries sive regi quasi precellenti, sive ducibus tanguam ab eo missis ad vindictam malorum laudem vero bonorum.” Which signifies in our tongue: “Be obedient and faithful to your lords, whether to the king as Cesar, or to other rulers as to the King, for they are sent forth by him, and appointed to punish evil deeds, and to watch over what is right.” And the Apostle Paul [Peter] speaking again uses these words: “Servi subditi estote in omni timore dominis vestries, non tantum bonis sed etiam distolis.” Which in our tongue signifies: “All ye inferiors, be subject and obedient to your lords in all things, not only to those that are gentle, but likewise to the hot-tempered.” And a little later Paul the Apostle speaks, and uses these words: “Reddite omnibus debita, cui tributum, tributum, cui vectigul, vetigal, cui honorem, honorem.” Render to every man his due, tribute to whom tribute is die, tax to whom tax, honour, and worship to whom they are die.” God Himself in the Gospel speaks, using these words: “Reddite que sunt Cesaris Cesari et que sunt Dei Deo.” Which in our tongue signifies: “Render to Cesar that which should have, and to God that which He should have.” The Son of God Himself afforded this obedience to a secular king. The land of Judea was commanded to pay tribute to Cesar in the days when God Himself was among men here in the world, and the people obeyed. But the clergy eagerly desired not to obey as the laymen obeyed, and wished to be released from obedience to earthly rulers, declaring that they would serve God from obedience to earthly rulers, declaring that they would serve God alone, and not man, on earth. They determined therefore to go to the Son of God, and they Asked Him whether it right or not that they should pay tribute to Cesar, a d offered obedience to earthly rulers. The Son of God bade them show Him the penny that was for payment, and they showed Him the penny. And He asked whose stamp and sign was on it, and they told him Cesar's. God then answered them in the words before quoted, and said, “Render to Cesar that which he should have, and to God that which He should have.” God also showed and made clear henceforth to men, so that all might know the truth, when He gave command to His Apostle Peter, the same Apostle from whom ecclesiastical rule is derived; “Accipe hamum tuum et mitte in aquam, et primum piscem quem capis aperias os ejus et invenies in ore ejus denarium, redde illum pro me et pro te Cesari in tributum.” Which signifies in our tongue: “Tale thou thy hook and cast it into the deep. Thou shalt open the mouth of the first fish thou takest, and shalt find a penny in it. That penny thou shalt pay as tribute for Me and thee, for we two should not be exempt, any more than other men, from a right obedience to Ceasar.” Our clergy can neither deny nor conceal this, for it is written in the Holy Gospel and read in church. And let all know that at the time when God commanded the Apostle Peter to afford for God and himself this obedience to Cesar and Kingly rule, Cesar and all the other rulers in the word were heathen; so that it is wonderful where men find authority to despise the King or his men when he is Christian, since God would not let them despise the majesty of kingly rule when kings were heathen.

32. Test is here uncertain. See St. Matt. Xxvi. 43.
33. Compare C.117 a
34. There seems to be a reference here to Bishop Nikolas and the Bagals.
35. Compare c.82
36. Causa 11, Quœstio 3, capitula 1, 40.
37. C. 11, Q.3, C.46.
38. C.11, Q.3, c.49.
39. C.11, Q.3, c.90
40. C.11, Q.3, c. 90.
41. C. 11, Q. 3, c.89
42. C.11, Q.3, c.87
43. See Kings Sverri's remark on Archbishop Eirik in c.121
44. C.24, Q.3, c.4
45. Compare c.117, 124, 128.
46. Compare Sverri’s remark to the Legate, C. 122.
47. Bishop Nikolas was a warrior before he was ordained.
48. C.25, Q.1, c.13
49. C.23, Q.5,c.20
50. C.23, Q.5, c.20
51. C.23, Q.5, c.20 6. C.23, Q.5, c.21
52. C.23, Q.5, c.21.
53. C.23,Q.5,c.24.
54. C.23, Q.4,c.24
55. C.11, Q.1, c.28
56. C.11,Q.1, c.28


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