No More Learning

Henry III. of England--
Frederick's letter to him about
relation to Pope, 310.
Treat* Frederick as emperor even
after deposition, 316.
Henry of Cremona--
Contents of ' De Potestate Papse,'
398-402.
Christ was lord of temporal things,
and gave lordship to St Peter
and to his successors, 398, 399.
Pope has supreme dominion over
empire, 399, 400.
Church held temporal authority
before Constantine, he only
recognised this authority, 400,
401.
Endeavours to explain away the
Gelasian principies, 422.
Hermandades : Leagues of cities and
others to defend their rights against
any lord, 114, 115.
Herod : John of Paris calls the views
of those who held that Christ was
an earthly king the error of Herod,
422.
Honorius HI. : His relations with
Frederick. (See under Frederick),
235-244.
Hostiensis--
Theory of private property, 16.
Custom as source of law, 48.
Emperor lord of the world, 143.
A follower of Innocent IV. in
drawing out conclusions of
? ? Innocent III. 's phrases, 324,
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? 488
INDEX.
Distinction in St Thomas Aquinas
between Jus Naturale and Posi-
tive Law, 39, 40.
Justice--
The end of the State, 25-35.
The test of the legitimate State ;
Egidius Colonna, John of Viterbo,
Andrew of Isernia, St Thomas
Aquinas, 28-35.
" Justitia " of Aragon : His position
intelligible when compared with
Count Palatine and that of Feudal
Court, 110.
Equal to emperor: Andrew of
Isernia, 87.
Kingdom " regale " for it is heredi-
tary ; Empire " personale," for
it is elective ; Andrew of Isernia,
87.
Charlemagne made French king-
dom hereditary and independent
of Empire, 87.
Law--
Its nature, 36-44.
The embodiment of justice, 36, 37.
The supreme authority in the
State, 36, 37.
Its treatment by St Thomas
Aquinas, 37-44.
Relation to reason and to justice,
37.
Four aspects--eternal, natural,
divine, human, 38.
Eternal law is that by which the
divine reason governs the uni-
verse. His " law " is no other
than Himself, 38.
Natural law is the participation of
the rational creature in the
eternal law, 38, 39.
Distinction between natural and
positive law, this applies both
to human and divine law, 39,
40.
Divine law, that which is revealed
in Old and New Testaments, 40.
Does not contradict natural law,
but was added that men might
partake in eternal law in
higher measure, 40.
Human law in relation to reason,
41.
Includes "jus gentium and jus
civile:" the firet is derived from
natural law as conclusion from
premisses, the second is derived
from law " per modum particu-
laris detormmationis," 41.
Human law in relation to " Jus-
titia," 41.
Accepts Ulpian's definition of
justice, 41.
St Thomas accepts Aristotle's dis-
tinction between " distributive "
and " commutative" justice, 42.
Whole system of law is " jus," 42.
"Jus" and " justum " are " ob-
? ? jectum " of justice, 42.
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? INDEX.
489
Manfred: Donation of Constantino
invalid as far as emperors after
Constantino are concerned, 368.
Martin, one of the early Civilians of
Bologna: His doctrine, that em-
peror was owner of all private pro-
perty, repudiated by Odofridus and
Andrew of Tsernia, 102.
Martin of Fano--
Pope is lord in spiritual matters,
emperor in secular, 357.
Cites Oelasian phrases on separa-
tion of the two authorities by
Christ, 357.
Martin Silimani: Feudal lord under
same obligations as vassal, and loses
his property if he does not observe
them, 100.
Matthew Paris--
Combines principle of election
with that of hereditary succes-
sion, 00.
Barons threaten to withdraw
allegiance and to make war
upon King John unless he
granted the liberties of Henry
I. 's charter, 113.
Demand for new charter, and a
committee to execute it, 121.
" Naturaleza " : Term under which
Alfonso X. describes the relation of
a man to the ruler of his country,
101.
Nature--
Theory that human institutions
founded upon convention--not
nature, 4-24.
Summary of the conception, 441-
443.
Nuremberg, Diet of: Determines in
1274 that Count Palatine is judge
between emperor and any prince, 107.
Odofridus--
Custom as law, 48, 49.
Custom of Roman people continues
to be law, 66.
Roman people retained the power
of legislation when they gave
the emperor his power, 66, 67.
Prince is " legibus solutus," but
bound by law, 97.
Repudiates contention that em
peror has absolute right over
property of his subjects, 102.
Emperor should rule over all,
141.
Pope has no temporal authority
over emperor, 355, 366.
Pope greater than emperor in
spiritual things, emperor greater
in temporal, 355.
Pope has jurisdiction over all
matters where sin is concerned,
and confirms the emperor ; has
authority when empire is vacant,
355.
" Ordinances " of 1311: Repeat claim
? ? of Provisions of Oxford that the
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? 490
INDEX.
Paul, St: His interpretation of the
and the com
story of fall, and
origm of government, 5.
Personality-- /
Aristotle, 7.
Expression of the coi
New Testament, 7, 8.
Importance of development of con-
ception, 443.
Philip Augustus: Intervention of
Innocent III. between him and
John, 165-171.
Philip of Suabia--
Elected emperor, 1198--197.
Innocent IIl. 'a reply to letter
announcing election, 202.
Innocent's letter to Archbishop of
Mainz, urging that the person
elected must be one whom
Church could accept, 204,
206.
Innocent III. 's " Deliberatio " on
Philip and Otto, 208, 210.
Protest of Philip's supporters
against proceedings of legate,
215.
Innocent's reply--" Venerabilem,"
215-218.
Second election and coronation in
1205--221.
Conciliatory negotiations between
Philip and Innocent, 1206--221.
Absolution bv Innocent III. in
1207--222.
His murder, 1208--222.
Philip IV. of France, the Fair: Con-
flict between him and Boniface VIII.
(for details see under Boniface VIII. ),
374-440.
Pierre Dubois--
' Deliberatio,' 387.
Charges Boniface VIII. with heresy,
387.
Denies legal validity of Donation
of Constantine. 387.
Spurious Bull, " Deum Time,"
attributed to him by cardinals
and Pope, 390, 391.
Placentinus : Admits that custom of
Roman people once made law, but
as they had transferred this power
to emperor, this is no longer the
case, 66.
Political Freedom in Cicero and Roman
Law, 447.
Pope--
With Charlemagne made empire
elective, by German princes,
Jordan of Osnabrilck, 87.
Treatment of his temporal power
by Innocent III. See under
Innocent III.
Treatment of his temporal power
by Innocent IV. See under
Innocent IV.
359,
? ? 360,
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? INDEX.
491
And acoording to Alexander of
Hales, 14, 15.
Not primitive but right, Innocent
IV. , 16.
Not primitive, but created by
natural law of nations, Hos-
tiensis, 16.
Treatment by St Thomas Aquinas,
17-20.
Limitation of rights of ruler over
property of his subjects, 101-
103.
Discussion of this question by
Bologna Civilians, 102.
Egidius Colonna: no one can
legitimately hold property who
is not regenerated and ab-
solved by Church, 407-409.
All property derived from the
Church, which has " dominium
superius " in things, 407.
The same doctrine held by John
of Viterbo, 416, 417.
John of Paris attributes to
Waldensians the view that the
Church should not possess tem-
poral riches, 422.
John of Paris discusses relation
of Pope to Church property,
423, 424.
"' Provisions " of Oxford : A council to
be appointed who were to control
justiciar, chancellor, and treasurer,
122, 123.
Ptolemy of Lucca--
Restates Aristotle's theory of
slavery, 23, 24.
Divine origin and function of
State, 27.
Compares the " regimen politician "
and the " dominium regale,"
72, 73.
His treatment of the temporal
power of the Pope, 342-348.
Temporal authority comes from
God, 343.
Temporal power belongs properly
to Peter and his successors,
344.
Donation of Constantino merely
recognised this, 346.
Augustus the vicar of Christ,
346.
Pope therefore deposes kings and
transfers empires, 344-347.
' Qusestio de Poteetate Papse ': En-
umerates arguments for and against
temporal authority of Papacy, 421,
422.
' Qusestio in Utramque Partem '--
Denies temporal headship of Pope,
421.
King of France holds neither from
emperor nor Pope, 421.
Donation of Constantmo legally
invalid, 421.
Denies deposition of King of
? ? Pranks by Pope Zacharias, 421.
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? 492
INDEX.
Nature and limits of authority in
St Thomas Aquinas, 90-97.
His authority is divine, dis-
obedience is mortal sin, St
Thomas, 90, 91.
His authority divine only so far
as it is just: St Thomas, 91.
Treatment of tyrant, by St
Thomas Aquinas, 92-96.
Limitations of his authority by
law : Odofridus, Boncompagni,
Vincent of Beauvais, Alfonso
X. , Brae ton, Feudalism, Martin
Silimani, Andrew of Isernia,
97-101.
Limitation of his rights over prop-
erty : Odofridus, Andrew of
Isernia, John of Paris, Alfonso
X. , Magna Carta, 101-103.
Machinery for enforcing the law
even upon the ruler: Bracton,
' Sachsenspiegel,' Diet of Nurem-
berg, Alfonso X. , illustrations
from cases in Leon, Castile,
Aragon, 106-111.
Renunciation of obedience and
resistance, 112-115.
Deposition of ruler, 116-119.
Appointment and control of king's
ministers, 120-127.
Source and limits of his authority
--summary, 468.
' Sachsenspiegel'--
King elected by the Germans, 88.
All temporal authority derived
from election, 88.
Its doctrine, that Count Palatine
was judge over emperor, 106.
This illustrated in proceedings
of Diet of Nuremberg, 1274--
107.
can be deposed by princes,
Pope has spiritual sword, king
has temporal, 364.
Pope cannot interfere in ** land-
recht" or "lenrecht," 364.
A lawfully excommunicated person
may not be elected king, 365.
' Schwabenspiegel '--
All temporal authority derived
from election, 88.
Count Palatine is judge over
emperor, 106.
This illustrated in proceedings
of Diet of Nuremberg, 1274--
107.
King can be deposed by princes,
117.
Christ gave both swords to Peter ;
Pope entrusts the one to em-
peror, 365.
Pope cannot interfere with " land-
recht " or " lenrecht," 365.
Sedition--
Opposed to justice and common
good, a mortal sin : St Thomas
Aquinas, 32, 92.
? ? Revolt against tyrant is not
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? INDEX.
493
This the universal principle of
Middle Ages, 25, 26.
Apparent exception in St Augus-
tme and Gregory VII. , 26,
26.
Normal view in Vincent of Beau-
vais, Ptolemy of Lucca, Egidius
Colonna, Anonymous Supporter
of Boniface VIII. , John of
Viterbo, Jordan of Osnabriick,
Andrew of Isernia, and John of
Paris, 26-31.
The same principle in St Thomas
Aquinas, 31-33.
This applies to all States, even
those of unbelievers : Innocent
IV. and St Thomas Aquinas,
33, 34.
Its moral funotion--summary, 449,
458.
States General of France--
Called together in 1302--139.
Included representatives of towns,
with full power to act for
them, 139.
Their action with regard to dis-
pute between Boniface VIII.
and Philip the Fair, 388-390.
Stoics--
Primitive Golden Age, 5.
Golden Age lost by appearance of
evil, 5, 10.
Sverre, King of Norway: Excom-
municated by Ccelestine III. , 56.
Tancred, Canonist: Cited by Hos-
tiensis as saying that emperor re-
ceived the temporal sword from the
Church, 325.
Taxation : Conflict over this illustrates
limitation of right of rulers over the
property of subjects: Odofridus,
Andrew of Isernia, John of Paris,
Alfonso X. , Magna Carte, 101-103.
Temporal and spiritual powers : Their
relation--summary, 451-455.
Thomas Aquinas, St--
Return to Aristotle, 4.
Recovery of the works of Aris-
totle, 10.
Restatement of Aristotle's theory
of human institutions, 10-24.
Political society a natural in-
stitution, 10-14.
Treatment of private property,
17-20.
Treatment of slavery, 21-22.
Divine authority of the State and
its moral function, 31-33.
Authority of the ruler limited by
justice, 32.
End of the State is virtue and
" fruition " of the divine, 33-
34.
State is lawful among unbelievers,
for it arose from natural reason,
34.
The nature or forms of law:
? ? eternal, natural, human, divine,
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? 494
INDEX.
Except in case of Pope who holds
the highest place in both
powers, 351, 352.
Speaks in ' Questioned Quodli-
betales ' of kings as vassals of
Church, 352.
Discussion of the relation of these
divergent opinions of St Thomas,
352-354.
Prince not subject to law, dis-
cussion of the meaning of this,
Appendix I.
Tyrant--
Revolt against tyrannical govern-
ment not sedition according to
St Thomas Aquinas, 32-90.
Treatment by St Thomas, 92-96.
In Commentary on * Sentences '
St Thomas seems to approve
murder of tyrant, 93.
In later work says that care
should be taken not to appoint
a man who may become tyrant,
authority of ruler should be
limited; if he becomes a
tyrant he should be deposed by
public authority, 93-96.
King who obtains kingdom by
force, or misuses his power,
is a tyrant--Alfonso X. , 99.
" Unam Sanctam " Bull: Its contents
and character, 392, 393.
Urban IV. , Pope: Does not claim
right to decide in case of disputed
election to empire, 368.
Venice : In alliance with Gregory IX.
against Frederick II. , 289.
Vincent of Beauvais--
His Speculum a medieval encyclo-
pedia, 26.
Cites Cioero's definition of the
State from St Isidore, 26.
Cites John of Salisbury on prince,
as one who seeks and promoies
" sequitas," 27.
Cites Gelasius I. on separation of
the two powers, 27.
Cites Hugh of St Victor on the
division of the body of Christ
into two orders, 27.
Custom and law, 48.
Cites John of Salisbury, prince is
" legibus solutus," but he is
bound by law and sequitas,
98.
Court administers justice even
against the king, 105.
If king will not submit to the
Court, Court may lawfully de-
pose him, 105.
Temporal power of Pope, 334-345.
William, Count of Holland: elected
emperor, 1247--312.
THE END.
Prinied in Great Britain 6y
? ? WILLIAM sLACKWOOD & SONS LTD.
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History of mediaeval political theory in the west /
Carlyle, R. W. Sir, (Robert Warrand), 1859-1934. Edinburgh and London, W. Blackwood and sons, 1903-36.
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? History of Mediaeval Political Theory in the West: Political theory from the tenth century to the thirteenth, by A. J. CarlyleSir Robert Warrand Carlyle, Alexander James Carlyle
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