Gripla - 01.01.1993, Síða 240

240
GRIPLA
of secular influence on episcopal elections was moot. Nonetheless,
Pope Gregory VI’s pronouncement that a non-canonical election pro-
cedure had, at various times, its own merit, served to gloss over the
historical fact that at Guðmundr’s election canonical procedures had
not been observed (ch. 21, pp. 216-18).
The variant to the Henrícus novus theme occurs in a test case of
clerical immunity in 1205. Kolbeinn had cited Ásbjörn, a priest, in a
carelessly prepared property suit. The priest sought out Guðmundr
and placed himself and his goods under the protection of the bishop.
Thereupon Kolbeinn sought to outlaw the priest and to confirm the
outlawry at the general assembly.
Arngrímr does not dispute that laymen were entitled to press suit
under the law of the land. Nevertheless, during his introductory com-
mentary, by way of counterargument, Arngrímr compares Kolbeinn’s
actions to those of a justiciary of Henry II. Henry II had used his jus-
tices to enforce in local courts the law of the land against encroach-
ments by magnates, including those of the church. Kolbeinn’s insist-
ence on the competence of secular jurisdiction and his singleminded
determination to prosecute the priest to the full extent of the law pro-
vided the underpinning for the comparison. Thus, problems of over-
lapping judicial competence, similar to those that had plagued Henry’s
reign, confronted once again Icelandic society.27 Conflict centered on
the canonical principles that 1. the church had cognizance in property
suits relating to clerics. 2. the prívilegium forí protected clerics from
secular prosecution.28
The comparison, however, may be taken further. During Henry’s
reign, many clerics felt that ecclesiastical jurisdiction was superior to
secular law.29 In Iceland, Guðmundr made himself the spokesman of
this view and attempted to enforce the precedence of canon law by the
massive use of excommunication. By wielding the weapon of excom-
munication in his battle, he seemingly emulated Thomas’ strategy in
27
Conflict between the church and the laity surfaced first in 1178-79 when Bishop
Porlákr of the southern diocese of Skálholt attempted, unsuccessfully, to abolish pa-
tronage churches. See Björn Þorsteinsson, pp. 139-43.
's For the issues prevailing in England, see Charles Duggan, “The Becket Dispute
and the Criminous Clerks,“ Canon Law in Medieval England. The Becket Dispute and
Decretal Collections, reprt. IX (Variorum Reprints: London, 1982), 53-72.
29
‘ Greenaway, pp. 15-18.