Lord can take no part in court when
it considers a case which he brings
against his vassal, 65.
it considers a case which he brings
against his vassal, 65.
Thomas Carlyle
181
CHAPTER VIII.
SUMMARY.
There are three great conceptions expressed in the political
literature of the Middle Ages, so far as we have yet examined
it. The first is the principle that the purpose or function of
the political organisation of society is ethical or moral, that
is, the maintenance of justice and righteousness. We have
seen in an earlier volume that this was continually and em-
phatically maintained in the political literature of the ninth
century, and our examination of the general literature of the
eleventh and twelfth centuries, and of the feudal law books to
the thirteenth, has been sufficient to show that no one ever
seriously questioned it. If there has been any doubt among
modern scholars it has arisen from a misunderstanding as to
the influence of St Augustine on the mediseval theory of the
state, and from a hasty interpretation of some phrases of
Hildebrand.
No doubt there lay behind St Augustine's treatment of the
state a real difficulty which had its origin in the fact that, as we
can see in the later philosophical systems of the ancient world
and in the Christian theory of life, men had become more
clearly aware of the existence of characteristics of human
nature and personality which cannot be adequately expressed
in the terms of the political organisation of society. It is
this new apprehension of the nature of human life which is
struggling for expression in St Augustine's 'De Civitate Dei. '
His apprehension is often profound, but the expression of it
is sometimes crude and ill-considered. As we have seen in
the first volume, St Augustine at times seems to deny to the
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 182 POLITICAL THEORY : llTH & 12TH CENTURIES, [part II.
State as such the character of justice, though at other times he
speaks in different terms. 1 But the difficulty is not to be
measured by these hasty phrases of St Augustine. The diffi-
culty lay in the fact that men had begun to apprehend that
there are aspects of the moral and spiritual life which the
coercive machinery of the state cannot adequately represent.
This is no doubt the principle which lay behind the develop-
ment of the conception of the independence of the spiritual *
power. It was conceived of as the embodiment of moral and
spiritual ideals which could not be adequately represented by
the temporal power. When the distinction was crudely con-
ceived, the former was spoken of as being concerned with
"divine" things and the latter with "secular. " We cannot
here discuss these questions adequately, we shall have to
return to them when in our next volume we deal with the rela-
tions of the ecclesiastical and political powers in the Middle
Age. We can, however, recognise at once that behind the
formal aspects of this question there lay great and profound
difficulties, difficulties for which we have not yet found any
complete solution.
It is necessary to recognise the existence of real perplexities
for the mediseval political thinkers. But, having done this, we
must also recognise that the broad common-sense of these men
refused to allow itself to be entangled in these perplexities to
such an extent as to admit any doubt whether the State had
a moral character and purpose. It is clear' that no mediseval
thinker seriously doubted the moral function of the State, and
that this moral function was the securing and maintaining of
justice. Even when Hildebrand urged that the State had its
origin in sin, he did not mean that the State was sinful. It
may have been sin which made it necessary, but also it was
the remedy for sin, the divinely appointed remedy for the
confusion which sin produced, the means of curbing and
restraining the sinful passions and actions of men.
This is the real meaning of the doctrine of the New Testa-
ment, and the Fathers, and of the Middle Ages, that the authority
of the king is a divine authority. He is God's minister for the
1 Cf. vol. i. pp. 161-170.
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? CHAP. VIII. ]
183
SUMMARY.
punishment of the wicked and the reward of the good. It is
true that here again a certain confusion had crept in, owing
mainly to some rash phrases of St Gregory the Great, and,
as we have seen, there were some even in the Middle Ages
who were carried away by this tradition into the impossible
theory that the authority of the king was in such a sense divine,
that he was responsible only to God, and that it was always
unlawful to resist him even when his conduct was unjust and
illegal. But again the robust good sense of the mediseval
political thinkers and the force of circumstances counteracted
this influence. They believed firmly in the divine nature of the
state, they looked upon the ruler as God's representative and
servant, but only so far as he really and in fact carried out the
divine purpose of righteousness and justice.
This, then, was the first principle of the political theory
which we have been considering. And the second is closely
related to the first, for it is the principle of the supremacy of
law as the concrete embodiment of justice. Mediseval thinkers
upon politics were not disturbed by some of our modern
perplexities, they were satisfied to regard the law of any
society as the expression of the principle of justice for that
society. " It is very difficult for us to put ourselves back into
the mood and temper of these times; we look upon all legal
regulations as being at the best reasonable applications of
general principles which make for the wellbeing of human life,
we look upon laws as the expression of the judgment of the
legislative authority, representing more or less adequately the
judgment of the community, and normally we recognise the
laws as reasonable, though not necessarily the best possible;
we take them to be rules laid down by men yesterday or
to-day, and perhaps to be changed to-morrow. Our difficulty
is to make it clear that there ought to be, and to feel certain
that there is, a real moral sanction behind them, and that
they justly interpret the actual needs of society. To the men
of the Middle Ages the law was a part of the local or national
life; it had not been made, but had grown with the life of the
community, and when men began to reflect or theorise on the
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 184 POLITICAL THEORY: llTH ft 12TH CENTURIES, [part n.
nature of law, they assumed that these customary regulations
represented the principles of justice.
To the mediseval political theorist then the supremacy of
justice meant the supremacy of law, and though the expression
of this conception by John of Salisbury is stronger and more
systematic than that of most writers of the period which
we have been considering, yet it does not really go beyond
these principles. To them the conception of an arbitrary
authority was simply unthinkable, the distinction between the
king who governs according to law and the tyrant who violates
it, was not a rhetorical phrase, but the natural and normal
expression of their whole mode of thought.
And if we now compare the conceptions which are embodied
in the general political literature with those of the feudal
lawyers, we find that they are substantially identical. Indeed
Bracton and the authors of the Assizes of the Court of
Burgesses of Jerusalem speak as sharply and definitely as John
of Salisbury. "There is no king where will rules and not law,"
"The king is under God and the law," "La dame ne le sire
n'en est seignor se non dou dreit," these phrases are as un-
equivocal as those of John of Salisbury, and their doctrine is
the doctrine of all feudal lawyers.
The third great principle of mediseval political theory is again
related to the others, and it is the principle that the relation
between the king and the people is founded and depends upon
the mutual obligation and agreement to maintain justice and
law. We have considered the clear and somewhat harsh terms
in which this is expressed by Manegold of Lautenbach. It may
be urged that he represents an extreme position which was not
generally approved,1 but we must not allow ourselves to be
misled into the judgment that the principles which he expressed
were strange or unfamiliar. On the contrary, it is clear that he
was only putting into definite if hard form a principle which
was generally assumed as that which determined the relations
between subject and ruler. This is, we think, the conclusion
1 Cf. Gerhoh of Reichersberg, 'Epis- 'Libelli de Lite,' vol. iii. pp. 232, 238.
tola ad Innocentium Papam. ' M. G. H. ,
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? CHAP. VIII. ]
185
SUMMARY.
which must be drawn from the literature which we have just
been examining, and our judgment is only confirmed when we
turn to the strictly feudal literature. The feudal obligation may
have once been conceived of as one of unconditional personal
loyalty, but, as we find it in the feudal law books of the twelfth
and thirteenth centuries, it is clear that this loyalty was limited
and conditioned by the principle of the necessary fidelity of lord
as well as of vassal to the mutual and legal obligations which
each had undertaken.
Manegold may express the principle in one way, John of
Salisbury in another, and the authors of the Assizes of Jeru-
salem in a third, but their meaning is the same. Manegold speaks
of deposing the ruler who has broken his contract, John of
Salisbury of the lawfulness of slaying the tyrant, the authors
of the Assizes of refusing to discharge any of their feudal
obligations to the lord who refuses to do justice to his vassal
according to the law and the judgment of the court; the forms
of expression are different but the principle is the same. The
mediaeval conception of contract is not a speculation of a
pseudo-historical kind, related to some original agreement upon
which political society was founded, but rather a natural and
legitimate conclusion from the principle of the election or
recognition of the ruler by the community, and the mutual
oaths of the ceremony of coronation; it is an agreement to
observe the law and to administer and maintain justice.
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? ? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
Abbo of Fleury--
Function of the king is to maintain
justice, 108.
The king cannot conduct affairs of
kingdom without advice of bishops
and chief men, 149.
Elective character of kingship, 149.
Adalbero, Bishop of Laon: Seems to
assert complete independence of
French kingdom, 177.
Adalbert, St, Vita: Emperor is lord of
the world, 171.
Administrative system: Lack of this in
Middle Ages, 81.
Alcuin, 107 (note 3).
Alexander II. , Pope: Disputed election,
172.
Alexander III. , Pope: Disputed elec-
tion, 173.
Alfred the Great: His victory over the
Danes, 15.
Allegiance (ligece, ligancia)--
William the Conqueror requires all
landowners in England to take
oath of fidelity to himself, 76.
All sub-vassals in kingdom of
Jerusalem, and inhabitants of
cities and castles, take oath
of allegiance to chief lord, 77.
Form of oath of allegiance in king-
dom of Jerusalem, 77, 78.
Made only, according to Glanvill, to
lord from whom vassal holds his
"capitale tenementum," 79.
All men in Normandy bound by
fidelity and allegiance to Duke
alone, 82.
Amauri I. , King of Jerusalem--
His Assize, 56, 57.
Dispute between him and Girard of
Seeste, 77.
Ambrose, St: Differs from St Gregory
the Great on nature of political
authority, 116.
Ambrosiaster: His phrase that king
has the image of God, bishop that
of Christ, cited by Hugh of Fleury,
111.
Aquinas, St Thomas: Recovery of Aris-
totle's Politics, 3, 5.
Ardizone, James of--
Lombard civilian of thirteenth cen-
tury, 80.
Vassal not to follow his lord against
overlord or prince, 80.
Ambiguous phrase about this matter,
80, 81.
Aristotle, Politics--
Their recovery in thirteenth cen-
tury, 3, 5, 10.
His theory of the naturally servile
man, 4.
Contrast between him and Stoics
about personality, 7.
Modern political thought Aristo-
telian, but with a difference, 8.
Distinction between King and
Tyrant in St Isidore and Medue-
? ? val writers probably derived from
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 188
INDEX.
Nature of the feudal Court, 54-56,
65.
Mode of enforcing its decisions, 56-
59, 74.
Agreement in principles of political
authority with John of Salisbury
and Manegold, 185.
Atto, Bishop of Vercelli--
Asserts divine authority of secular
ruler whether Christian or Pagan,
100.
Maintains unlawfulness of resistance
to king, even when unjust, 117.
Augustine, St--
His theory of temporal power, . 9,10.
Mistaken interpretation of his phrase
about "contract,". J2.
Question of his influence on mediseval
theory of source and nature of
political authority, 93, 94.
Denies that justice 1s necessary
quality of the State, J06.
No trace of this conception in
eleventh and twelfth centuries,
106.
Cite3 as affirming duty of obedience
by Christian men even to un-
believing emperors like Julian,
122.
His omission of justice from the
theory of State has no real in-
fluence in Middle Ages, 1&1, 182.
Augustus, Emperor: Forbade men ~to
call him lord, 145.
Authority, Political--
Vulgar impression that it was looked
upon as irresponsible and arbi-
trary in Middle Ages, 30, 31.
Its relation to law and justice in
feudal theory, 80-40.
Its divine origin and nature, 92-105.
Question of "the influence of St
Augustine on mediseval theory
about this, 93, 94, 106, 114.
Phrases of Gregory VII. which seem
to deny its divine nature, 94, 96,
97.
Phrases of Gregory VII. which
represent another view, 94-96.
Condemnation of Gregory VII. 's
phrases by Hugh of Fleury, 98.
Writings which seem to support
Gregory VII. 's phrase -- ' De
Ordinando Pontifice,' 98; Ber-
nald, 99; Deusdedit, 99.
Normal mediseval view that it is
divine in origin and nature, 100-
105.
Illustrations of this from -- Atto
of Vercelli, 100; Wippo, 100;
Peter Damian, 100; Gerhoh of
Reichersberg, 102; John of Salis-
bury, 102; Manegold, 103;
Honorius of Augsburg, 103,104.
Its moral function, 106-114.
Its purpose to secure justice, 106.
Its relation to beginning of organised
? ? society, 106, 107.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
189
Cases between whole body of vassals
and their lord go to lord's council
and to king as overlord, 64.
Cases cannot go to overlord till they
have been considered in court of
lord, 65.
Lord can take no part in court when
it considers a case which he brings
against his vassal, 65.
In Beauvosis lord is in no case
judge in his court, 65.
Vassal can renounce his fief and
challenge his lord, 65, 86.
Lord can renounce homage and
challenge vassal, 66.
Obligation to follow lord in battle
does not hold against overlord or
king, 80.
King is supreme over all jurisdic-
tions and persons, 84.
Any one can be summoned before
king's court "pour defaute de
droit ou pour faus jugement," 84.
Origin of slavery in violence, &c, 90.
All men in the beginning free, 90.
Emancipation a good thing, 90.
Beneficium, its place in development of
feudalism, 23, 24.
Beowulf, 23.
Bernald--
His treatise 'De solutione iuramen-
torum,' 99.
If Pope has authority to depose
patriarchs, he has the same
authority over secular princes, 99.
Dignity of secular prince, of human
rather than divine origin, 99.
Berno, Abbot of Reichenau: Addresses
Emperor Henry II. as lord of lands
and sea, 171, 172.
Berthold, Duke of Carinthia: Admits
justice of complaints against Henry
IV. , but urges that they should be
submitted to meeting of all the
princes, 156.
Berthold of Constance--
Bestates St Isidore's distinction be-
tween king and tyrant, 112, 132.
Beports that some clergy maintained
that neither Pope nor any other
authority could judge kings how-
ever unjust, 119, 132.
Maintains that this opinion was ab-
surd, and urges difference between
king and tyrant, 132.
Beports that at council of Forch-
heim princes at first assumed that
Gregory VII. had finally deposed
Henry IV. , but papal legates deny
this, 158.
Deposition of Henry IV. and election
of Rudolph of Suabia by princes
at Forchheim, 158.
Bracton--
Beverence due from vassal to lord,
27.
Belation of authority of king to
? ? justice and law, 34-37.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 190
INDEX.
No allegiance due to king who had
broken his faith, 131, 132.
Burke, Edmund: Overthrew theory of
conventional nature of government, 3.
Cadaloui of Parma: Disputed election to
papacy, 172.
Csesar, Julius: Treatment of his murder
by John of Salisbury, 145.
Caligula: Slain as tyrant, 145.
Cambrai, 'Gesta Pontificum Cameracen-
sium': Order and justice among men
began with cities, 107.
Canon law--
Its influence on political theory of
Middle Ages, 1.
Restates Pauline and Stoic concep-
tions of slavery, 5.
Treatment of relation of spiritual
and temporal authorities, 7.
Possible influence on development of
conception of legislation, 45, 48.
Capitale Tenementum: "Liganeia," ac-
cording to Glanvill, only made to lord
from whom a man holds this, 79.
Cardinals: Collection of epistles, &c, of
the cardinals opposed to Gregory VII.
and Urban II. , 122.
Cassiodorus: King transgresses against
God only, for no man can judge him,
118.
Cathulfus: His phrase that king has
image of God, bishop that of Christ,
cited by Hugh of Fleury, 111.
Charlemagne--
Breaking up of his empire, 15, 75.
Consequences of this, 15, 16.
His attempt to unite the divided
members of ancient empire, 170.
Unity of his empire artificial, 179.
Chrysippus: His definition of law cited
by John of Salisbury, 141.
Chrysostom, St: Saying that while
people elect the king, once he is
elected they cannot depose him, at-
tributed to him; but this really comes
from "Privilegium" of Pope Leo
VIII. , 117, 122.
Church. See Spiritual Power.
Cicero--
His repudiation of inequality in
human nature, 4.
Origin of cities and states, 107
(note 3).
His treatment of law as embodiment
of justice, and of function of the
state to maintain law, quoted
from 'De Civitate Dei' in
treatise 'De unitate ecclesise
conservanda,' 110.
St Isidore's conception of difference
between king and tyrant probably
derived from him, 126.
Civilians--
Restate Stoic and Pauline theories of
human nature and slavery, 5.
Treatment of relation of spiritual
and temporal authorities, 7.
? ? Law requires consent of those con-
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
191
The "Pactum," in virtue of which
the king is appointed, 163-167.
Relation of this conception to
"Social Contract" of the seven-
teenth and eighteenth centuries,
168, 169.
Theory of mutual agreement to
maintain law and justice by
people and ruler a fundamental
part of political theory in the
Middle Ages, 184, 185.
Coronation oath: King swears to main-
tain justice and law, 33, 34-37, 39, 40.
Coulauges, Fustel de, 11.
Court, Decisions of--
Test of valid custom, according to
Beaumanoir, 42.
Accepted as law in kingdom of
Jerusalem, failing Assizes, 44.
Court,-Feudal--
Is judge in all cases of dispute about
mutual obligatiens of lord and
vassal 52-74
Composition of it, 54-56, 60-65, 72.
Means of enforcing the decisions of
court upon lord, 56-66, 71-74.
Cannot judge, according to Beau-
manoir, in cases of dispute be-
tween whole body of vassals and
lord, 64.
Relations of the court to the king, in
Bracton, 71-74.
"Couronnement de Louis ": Function of
authority is to maintain justice, 32.
Custom--
Primary source of law, 41-45.
English laws are customs, according
to Glanvill and Bracton, 41, 48.
All pleas, according to Beaumanoir,
are determined according to cus-
tom, 42.
Customs must be maintained, ac-
cording to Beaumanoir, by feuda-
tories and kings of France, 42.
Tests of legal custom, 42.
Assizes of Jerusalem based on cus-
toms of various countries, 43.
Cases in kingdom of Jerusalem to be
decided by custom, failing Assizes,
44.
Court for Syrians administering jus-
tice based on their customs, 45.
Dante: His conception of political unity
of the world, 170.
? De CivitateDei'--
Question of the influence of its con-
ception of political authority, 93,
94.
Passages which deny that justice is
a necessary quality of the state
never cited in eleventh and twelfth
centuries, 106.
Passages in it from Cicero describing
function of the state as mainte-
nance of law and justice, quoted
in treatise 'De unitate ecclesise
conservanda,' 110.
? ? Declaration of Rights: Original contract
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 192
INDEX.
Emperor. See under King.
Empire--
Conflict with Papacy, 7.
Conception of a universal empire,
170-180.
England--
English law is custom, 41, 42, 48.
William the Conqueror requires oath
of fidelity from all landowners in
England, 76.
Fidelity to king always reserved in
doing homage, 79.
Election or recognition necessary
for succession to throne, 150,
151.
Equality in human nature--
In Stoics and Fathers, 3, 4.
Treatment of the subject by Beau-
manoir, 49, 90.
Ratherius of Verona, 88.
Sachsenspiegel, 89.
Schwabenspiegel, 89 (note 3).
Bracton, 90 (note 1).
Eugenius III. , Pope, 152.
Ezekiel: Conception of individual re-
sponsibility, 8.
Fathers, Christian--
Their influence on mediseval political
theory, 3-10.
Political institutions conventional
not natural, 4.
Freedom and equality of human
nature always real, 4.
Slavery a punishment for vice, 4.
Private property conventional not
natural, 6.
Property the result of greed, and a
remedy for it, 5.
Property the creation of the State,
6.
Almsgiving an act of justice not of
charity, 5.
Divine nature of political authority,
93.
Political institutions, results of and
remedies for sin, 97.
Theory of "Divine Right" derived
from some of them, 116.
Others draw sharp distinction be-
tween king and tyrant, 116.
Feudalism--
Its influence on political theory of
Middle Ages, 1, 19-86.
Takes shape in ninth and tenth
centuries, 15, 16.
Two principles, loyalty and contract,
21.
Contrast between literary and legal
conceptions of it, 21-23.
Comitatus, Commendatio, Benefici-
um, elements in it, 23, 24.
Personal loyalty of vassal to lord,
24-29.
Illustrated in 'RaouJ of Cambrai,'
24, 25, 28, 29.
In Fulbert of Chartres, 25, 26; in
Jean d'Ibelin, 26, 27; in Glanvill,
? ? 27 ; in Bracton, 27.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
193
Fulbert, Bishop of Chartres: His defini-
tion of feudal obligations, 25, 26.
Gelasius I. , Pope--
Statement of relation of spiritual
and temporal authorities, 6.
Cited by Hugh of Fleury, 111.
Gerbert. See Sylvester II.
Gerhoh of Reichersberg--
Divine origin and authority of secular
power, 102. 4
Condemns Manegold's phrases, 184.
Gerstengen: Meeting there between
Saxon princes and those of the im-
perial party, 157.
Ghent: Case between the city and the
Count of Flanders, 65.
Girard of Seeste: War between him and
King Amauri I. , 77.
Glanvill--
Reverence of vassal for lord, 27.
English law is custom, 41, 42.
Laws of England though unwritten
may properly be called laws, 46.
Cites "Quod principi placet, legis
habet vigorem," 46.
Laws are promulgated by prince
with counsel of great men, 46.
Vassal perhaps entitled to defend
himself against his lord, 61 (note
1), 79 (note 4).
Fidelity to king always reserved in
England, in doing homage, 79.
"Ligancia" only made to lord of
whom a man holds bis "capitale
tenementum," 79.
Government--
A conventional institution according
to Fathers, 3; and Stoics, 5.
A result of sin, 5.
Conception of it as natural by St
Thomas Aquinas, 5.
This had little influence till end of
thirteenth century, 5, 6.
Gratian: His dictum that no law is
valid unless it is accepted by the
custom of those concerned, 47, 48.
Gregory, St, the Great--
Probable reference to his statement
of a heavenly hierarchy, by Hugh
of Fleury, 98 (note 1).
Source of the theory of the " Divine
Right," 10.
To his influence it can generally be
traced in Middle Ages, 116; i. e. ,
Atto of Vercelli, 117; Wenrich
of Trier, 119; 'De unitate
ecclesise conservanda,' 120.
Gregory II. , Pope: His action in restrain-
ing Italians from revolt against Leo
the Iconoclast, cited by Gregory of
Catino, 123.
Gregory VII. , Pope--
His phrases about sinful origin and
character of secular authority,
94.
Other phrases seem to recognise its
divine origin and purpose, 94-96.
? ? Discussion of this apparent con-
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
?
CHAPTER VIII.
SUMMARY.
There are three great conceptions expressed in the political
literature of the Middle Ages, so far as we have yet examined
it. The first is the principle that the purpose or function of
the political organisation of society is ethical or moral, that
is, the maintenance of justice and righteousness. We have
seen in an earlier volume that this was continually and em-
phatically maintained in the political literature of the ninth
century, and our examination of the general literature of the
eleventh and twelfth centuries, and of the feudal law books to
the thirteenth, has been sufficient to show that no one ever
seriously questioned it. If there has been any doubt among
modern scholars it has arisen from a misunderstanding as to
the influence of St Augustine on the mediseval theory of the
state, and from a hasty interpretation of some phrases of
Hildebrand.
No doubt there lay behind St Augustine's treatment of the
state a real difficulty which had its origin in the fact that, as we
can see in the later philosophical systems of the ancient world
and in the Christian theory of life, men had become more
clearly aware of the existence of characteristics of human
nature and personality which cannot be adequately expressed
in the terms of the political organisation of society. It is
this new apprehension of the nature of human life which is
struggling for expression in St Augustine's 'De Civitate Dei. '
His apprehension is often profound, but the expression of it
is sometimes crude and ill-considered. As we have seen in
the first volume, St Augustine at times seems to deny to the
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 182 POLITICAL THEORY : llTH & 12TH CENTURIES, [part II.
State as such the character of justice, though at other times he
speaks in different terms. 1 But the difficulty is not to be
measured by these hasty phrases of St Augustine. The diffi-
culty lay in the fact that men had begun to apprehend that
there are aspects of the moral and spiritual life which the
coercive machinery of the state cannot adequately represent.
This is no doubt the principle which lay behind the develop-
ment of the conception of the independence of the spiritual *
power. It was conceived of as the embodiment of moral and
spiritual ideals which could not be adequately represented by
the temporal power. When the distinction was crudely con-
ceived, the former was spoken of as being concerned with
"divine" things and the latter with "secular. " We cannot
here discuss these questions adequately, we shall have to
return to them when in our next volume we deal with the rela-
tions of the ecclesiastical and political powers in the Middle
Age. We can, however, recognise at once that behind the
formal aspects of this question there lay great and profound
difficulties, difficulties for which we have not yet found any
complete solution.
It is necessary to recognise the existence of real perplexities
for the mediseval political thinkers. But, having done this, we
must also recognise that the broad common-sense of these men
refused to allow itself to be entangled in these perplexities to
such an extent as to admit any doubt whether the State had
a moral character and purpose. It is clear' that no mediseval
thinker seriously doubted the moral function of the State, and
that this moral function was the securing and maintaining of
justice. Even when Hildebrand urged that the State had its
origin in sin, he did not mean that the State was sinful. It
may have been sin which made it necessary, but also it was
the remedy for sin, the divinely appointed remedy for the
confusion which sin produced, the means of curbing and
restraining the sinful passions and actions of men.
This is the real meaning of the doctrine of the New Testa-
ment, and the Fathers, and of the Middle Ages, that the authority
of the king is a divine authority. He is God's minister for the
1 Cf. vol. i. pp. 161-170.
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? CHAP. VIII. ]
183
SUMMARY.
punishment of the wicked and the reward of the good. It is
true that here again a certain confusion had crept in, owing
mainly to some rash phrases of St Gregory the Great, and,
as we have seen, there were some even in the Middle Ages
who were carried away by this tradition into the impossible
theory that the authority of the king was in such a sense divine,
that he was responsible only to God, and that it was always
unlawful to resist him even when his conduct was unjust and
illegal. But again the robust good sense of the mediseval
political thinkers and the force of circumstances counteracted
this influence. They believed firmly in the divine nature of the
state, they looked upon the ruler as God's representative and
servant, but only so far as he really and in fact carried out the
divine purpose of righteousness and justice.
This, then, was the first principle of the political theory
which we have been considering. And the second is closely
related to the first, for it is the principle of the supremacy of
law as the concrete embodiment of justice. Mediseval thinkers
upon politics were not disturbed by some of our modern
perplexities, they were satisfied to regard the law of any
society as the expression of the principle of justice for that
society. " It is very difficult for us to put ourselves back into
the mood and temper of these times; we look upon all legal
regulations as being at the best reasonable applications of
general principles which make for the wellbeing of human life,
we look upon laws as the expression of the judgment of the
legislative authority, representing more or less adequately the
judgment of the community, and normally we recognise the
laws as reasonable, though not necessarily the best possible;
we take them to be rules laid down by men yesterday or
to-day, and perhaps to be changed to-morrow. Our difficulty
is to make it clear that there ought to be, and to feel certain
that there is, a real moral sanction behind them, and that
they justly interpret the actual needs of society. To the men
of the Middle Ages the law was a part of the local or national
life; it had not been made, but had grown with the life of the
community, and when men began to reflect or theorise on the
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 184 POLITICAL THEORY: llTH ft 12TH CENTURIES, [part n.
nature of law, they assumed that these customary regulations
represented the principles of justice.
To the mediseval political theorist then the supremacy of
justice meant the supremacy of law, and though the expression
of this conception by John of Salisbury is stronger and more
systematic than that of most writers of the period which
we have been considering, yet it does not really go beyond
these principles. To them the conception of an arbitrary
authority was simply unthinkable, the distinction between the
king who governs according to law and the tyrant who violates
it, was not a rhetorical phrase, but the natural and normal
expression of their whole mode of thought.
And if we now compare the conceptions which are embodied
in the general political literature with those of the feudal
lawyers, we find that they are substantially identical. Indeed
Bracton and the authors of the Assizes of the Court of
Burgesses of Jerusalem speak as sharply and definitely as John
of Salisbury. "There is no king where will rules and not law,"
"The king is under God and the law," "La dame ne le sire
n'en est seignor se non dou dreit," these phrases are as un-
equivocal as those of John of Salisbury, and their doctrine is
the doctrine of all feudal lawyers.
The third great principle of mediseval political theory is again
related to the others, and it is the principle that the relation
between the king and the people is founded and depends upon
the mutual obligation and agreement to maintain justice and
law. We have considered the clear and somewhat harsh terms
in which this is expressed by Manegold of Lautenbach. It may
be urged that he represents an extreme position which was not
generally approved,1 but we must not allow ourselves to be
misled into the judgment that the principles which he expressed
were strange or unfamiliar. On the contrary, it is clear that he
was only putting into definite if hard form a principle which
was generally assumed as that which determined the relations
between subject and ruler. This is, we think, the conclusion
1 Cf. Gerhoh of Reichersberg, 'Epis- 'Libelli de Lite,' vol. iii. pp. 232, 238.
tola ad Innocentium Papam. ' M. G. H. ,
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? CHAP. VIII. ]
185
SUMMARY.
which must be drawn from the literature which we have just
been examining, and our judgment is only confirmed when we
turn to the strictly feudal literature. The feudal obligation may
have once been conceived of as one of unconditional personal
loyalty, but, as we find it in the feudal law books of the twelfth
and thirteenth centuries, it is clear that this loyalty was limited
and conditioned by the principle of the necessary fidelity of lord
as well as of vassal to the mutual and legal obligations which
each had undertaken.
Manegold may express the principle in one way, John of
Salisbury in another, and the authors of the Assizes of Jeru-
salem in a third, but their meaning is the same. Manegold speaks
of deposing the ruler who has broken his contract, John of
Salisbury of the lawfulness of slaying the tyrant, the authors
of the Assizes of refusing to discharge any of their feudal
obligations to the lord who refuses to do justice to his vassal
according to the law and the judgment of the court; the forms
of expression are different but the principle is the same. The
mediaeval conception of contract is not a speculation of a
pseudo-historical kind, related to some original agreement upon
which political society was founded, but rather a natural and
legitimate conclusion from the principle of the election or
recognition of the ruler by the community, and the mutual
oaths of the ceremony of coronation; it is an agreement to
observe the law and to administer and maintain justice.
? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? ? ? Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
Abbo of Fleury--
Function of the king is to maintain
justice, 108.
The king cannot conduct affairs of
kingdom without advice of bishops
and chief men, 149.
Elective character of kingship, 149.
Adalbero, Bishop of Laon: Seems to
assert complete independence of
French kingdom, 177.
Adalbert, St, Vita: Emperor is lord of
the world, 171.
Administrative system: Lack of this in
Middle Ages, 81.
Alcuin, 107 (note 3).
Alexander II. , Pope: Disputed election,
172.
Alexander III. , Pope: Disputed elec-
tion, 173.
Alfred the Great: His victory over the
Danes, 15.
Allegiance (ligece, ligancia)--
William the Conqueror requires all
landowners in England to take
oath of fidelity to himself, 76.
All sub-vassals in kingdom of
Jerusalem, and inhabitants of
cities and castles, take oath
of allegiance to chief lord, 77.
Form of oath of allegiance in king-
dom of Jerusalem, 77, 78.
Made only, according to Glanvill, to
lord from whom vassal holds his
"capitale tenementum," 79.
All men in Normandy bound by
fidelity and allegiance to Duke
alone, 82.
Amauri I. , King of Jerusalem--
His Assize, 56, 57.
Dispute between him and Girard of
Seeste, 77.
Ambrose, St: Differs from St Gregory
the Great on nature of political
authority, 116.
Ambrosiaster: His phrase that king
has the image of God, bishop that
of Christ, cited by Hugh of Fleury,
111.
Aquinas, St Thomas: Recovery of Aris-
totle's Politics, 3, 5.
Ardizone, James of--
Lombard civilian of thirteenth cen-
tury, 80.
Vassal not to follow his lord against
overlord or prince, 80.
Ambiguous phrase about this matter,
80, 81.
Aristotle, Politics--
Their recovery in thirteenth cen-
tury, 3, 5, 10.
His theory of the naturally servile
man, 4.
Contrast between him and Stoics
about personality, 7.
Modern political thought Aristo-
telian, but with a difference, 8.
Distinction between King and
Tyrant in St Isidore and Medue-
? ? val writers probably derived from
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 188
INDEX.
Nature of the feudal Court, 54-56,
65.
Mode of enforcing its decisions, 56-
59, 74.
Agreement in principles of political
authority with John of Salisbury
and Manegold, 185.
Atto, Bishop of Vercelli--
Asserts divine authority of secular
ruler whether Christian or Pagan,
100.
Maintains unlawfulness of resistance
to king, even when unjust, 117.
Augustine, St--
His theory of temporal power, . 9,10.
Mistaken interpretation of his phrase
about "contract,". J2.
Question of his influence on mediseval
theory of source and nature of
political authority, 93, 94.
Denies that justice 1s necessary
quality of the State, J06.
No trace of this conception in
eleventh and twelfth centuries,
106.
Cite3 as affirming duty of obedience
by Christian men even to un-
believing emperors like Julian,
122.
His omission of justice from the
theory of State has no real in-
fluence in Middle Ages, 1&1, 182.
Augustus, Emperor: Forbade men ~to
call him lord, 145.
Authority, Political--
Vulgar impression that it was looked
upon as irresponsible and arbi-
trary in Middle Ages, 30, 31.
Its relation to law and justice in
feudal theory, 80-40.
Its divine origin and nature, 92-105.
Question of "the influence of St
Augustine on mediseval theory
about this, 93, 94, 106, 114.
Phrases of Gregory VII. which seem
to deny its divine nature, 94, 96,
97.
Phrases of Gregory VII. which
represent another view, 94-96.
Condemnation of Gregory VII. 's
phrases by Hugh of Fleury, 98.
Writings which seem to support
Gregory VII. 's phrase -- ' De
Ordinando Pontifice,' 98; Ber-
nald, 99; Deusdedit, 99.
Normal mediseval view that it is
divine in origin and nature, 100-
105.
Illustrations of this from -- Atto
of Vercelli, 100; Wippo, 100;
Peter Damian, 100; Gerhoh of
Reichersberg, 102; John of Salis-
bury, 102; Manegold, 103;
Honorius of Augsburg, 103,104.
Its moral function, 106-114.
Its purpose to secure justice, 106.
Its relation to beginning of organised
? ? society, 106, 107.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
189
Cases between whole body of vassals
and their lord go to lord's council
and to king as overlord, 64.
Cases cannot go to overlord till they
have been considered in court of
lord, 65.
Lord can take no part in court when
it considers a case which he brings
against his vassal, 65.
In Beauvosis lord is in no case
judge in his court, 65.
Vassal can renounce his fief and
challenge his lord, 65, 86.
Lord can renounce homage and
challenge vassal, 66.
Obligation to follow lord in battle
does not hold against overlord or
king, 80.
King is supreme over all jurisdic-
tions and persons, 84.
Any one can be summoned before
king's court "pour defaute de
droit ou pour faus jugement," 84.
Origin of slavery in violence, &c, 90.
All men in the beginning free, 90.
Emancipation a good thing, 90.
Beneficium, its place in development of
feudalism, 23, 24.
Beowulf, 23.
Bernald--
His treatise 'De solutione iuramen-
torum,' 99.
If Pope has authority to depose
patriarchs, he has the same
authority over secular princes, 99.
Dignity of secular prince, of human
rather than divine origin, 99.
Berno, Abbot of Reichenau: Addresses
Emperor Henry II. as lord of lands
and sea, 171, 172.
Berthold, Duke of Carinthia: Admits
justice of complaints against Henry
IV. , but urges that they should be
submitted to meeting of all the
princes, 156.
Berthold of Constance--
Bestates St Isidore's distinction be-
tween king and tyrant, 112, 132.
Beports that some clergy maintained
that neither Pope nor any other
authority could judge kings how-
ever unjust, 119, 132.
Maintains that this opinion was ab-
surd, and urges difference between
king and tyrant, 132.
Beports that at council of Forch-
heim princes at first assumed that
Gregory VII. had finally deposed
Henry IV. , but papal legates deny
this, 158.
Deposition of Henry IV. and election
of Rudolph of Suabia by princes
at Forchheim, 158.
Bracton--
Beverence due from vassal to lord,
27.
Belation of authority of king to
? ? justice and law, 34-37.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 190
INDEX.
No allegiance due to king who had
broken his faith, 131, 132.
Burke, Edmund: Overthrew theory of
conventional nature of government, 3.
Cadaloui of Parma: Disputed election to
papacy, 172.
Csesar, Julius: Treatment of his murder
by John of Salisbury, 145.
Caligula: Slain as tyrant, 145.
Cambrai, 'Gesta Pontificum Cameracen-
sium': Order and justice among men
began with cities, 107.
Canon law--
Its influence on political theory of
Middle Ages, 1.
Restates Pauline and Stoic concep-
tions of slavery, 5.
Treatment of relation of spiritual
and temporal authorities, 7.
Possible influence on development of
conception of legislation, 45, 48.
Capitale Tenementum: "Liganeia," ac-
cording to Glanvill, only made to lord
from whom a man holds this, 79.
Cardinals: Collection of epistles, &c, of
the cardinals opposed to Gregory VII.
and Urban II. , 122.
Cassiodorus: King transgresses against
God only, for no man can judge him,
118.
Cathulfus: His phrase that king has
image of God, bishop that of Christ,
cited by Hugh of Fleury, 111.
Charlemagne--
Breaking up of his empire, 15, 75.
Consequences of this, 15, 16.
His attempt to unite the divided
members of ancient empire, 170.
Unity of his empire artificial, 179.
Chrysippus: His definition of law cited
by John of Salisbury, 141.
Chrysostom, St: Saying that while
people elect the king, once he is
elected they cannot depose him, at-
tributed to him; but this really comes
from "Privilegium" of Pope Leo
VIII. , 117, 122.
Church. See Spiritual Power.
Cicero--
His repudiation of inequality in
human nature, 4.
Origin of cities and states, 107
(note 3).
His treatment of law as embodiment
of justice, and of function of the
state to maintain law, quoted
from 'De Civitate Dei' in
treatise 'De unitate ecclesise
conservanda,' 110.
St Isidore's conception of difference
between king and tyrant probably
derived from him, 126.
Civilians--
Restate Stoic and Pauline theories of
human nature and slavery, 5.
Treatment of relation of spiritual
and temporal authorities, 7.
? ? Law requires consent of those con-
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
191
The "Pactum," in virtue of which
the king is appointed, 163-167.
Relation of this conception to
"Social Contract" of the seven-
teenth and eighteenth centuries,
168, 169.
Theory of mutual agreement to
maintain law and justice by
people and ruler a fundamental
part of political theory in the
Middle Ages, 184, 185.
Coronation oath: King swears to main-
tain justice and law, 33, 34-37, 39, 40.
Coulauges, Fustel de, 11.
Court, Decisions of--
Test of valid custom, according to
Beaumanoir, 42.
Accepted as law in kingdom of
Jerusalem, failing Assizes, 44.
Court,-Feudal--
Is judge in all cases of dispute about
mutual obligatiens of lord and
vassal 52-74
Composition of it, 54-56, 60-65, 72.
Means of enforcing the decisions of
court upon lord, 56-66, 71-74.
Cannot judge, according to Beau-
manoir, in cases of dispute be-
tween whole body of vassals and
lord, 64.
Relations of the court to the king, in
Bracton, 71-74.
"Couronnement de Louis ": Function of
authority is to maintain justice, 32.
Custom--
Primary source of law, 41-45.
English laws are customs, according
to Glanvill and Bracton, 41, 48.
All pleas, according to Beaumanoir,
are determined according to cus-
tom, 42.
Customs must be maintained, ac-
cording to Beaumanoir, by feuda-
tories and kings of France, 42.
Tests of legal custom, 42.
Assizes of Jerusalem based on cus-
toms of various countries, 43.
Cases in kingdom of Jerusalem to be
decided by custom, failing Assizes,
44.
Court for Syrians administering jus-
tice based on their customs, 45.
Dante: His conception of political unity
of the world, 170.
? De CivitateDei'--
Question of the influence of its con-
ception of political authority, 93,
94.
Passages which deny that justice is
a necessary quality of the state
never cited in eleventh and twelfth
centuries, 106.
Passages in it from Cicero describing
function of the state as mainte-
nance of law and justice, quoted
in treatise 'De unitate ecclesise
conservanda,' 110.
? ? Declaration of Rights: Original contract
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? 192
INDEX.
Emperor. See under King.
Empire--
Conflict with Papacy, 7.
Conception of a universal empire,
170-180.
England--
English law is custom, 41, 42, 48.
William the Conqueror requires oath
of fidelity from all landowners in
England, 76.
Fidelity to king always reserved in
doing homage, 79.
Election or recognition necessary
for succession to throne, 150,
151.
Equality in human nature--
In Stoics and Fathers, 3, 4.
Treatment of the subject by Beau-
manoir, 49, 90.
Ratherius of Verona, 88.
Sachsenspiegel, 89.
Schwabenspiegel, 89 (note 3).
Bracton, 90 (note 1).
Eugenius III. , Pope, 152.
Ezekiel: Conception of individual re-
sponsibility, 8.
Fathers, Christian--
Their influence on mediseval political
theory, 3-10.
Political institutions conventional
not natural, 4.
Freedom and equality of human
nature always real, 4.
Slavery a punishment for vice, 4.
Private property conventional not
natural, 6.
Property the result of greed, and a
remedy for it, 5.
Property the creation of the State,
6.
Almsgiving an act of justice not of
charity, 5.
Divine nature of political authority,
93.
Political institutions, results of and
remedies for sin, 97.
Theory of "Divine Right" derived
from some of them, 116.
Others draw sharp distinction be-
tween king and tyrant, 116.
Feudalism--
Its influence on political theory of
Middle Ages, 1, 19-86.
Takes shape in ninth and tenth
centuries, 15, 16.
Two principles, loyalty and contract,
21.
Contrast between literary and legal
conceptions of it, 21-23.
Comitatus, Commendatio, Benefici-
um, elements in it, 23, 24.
Personal loyalty of vassal to lord,
24-29.
Illustrated in 'RaouJ of Cambrai,'
24, 25, 28, 29.
In Fulbert of Chartres, 25, 26; in
Jean d'Ibelin, 26, 27; in Glanvill,
? ? 27 ; in Bracton, 27.
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
? INDEX.
193
Fulbert, Bishop of Chartres: His defini-
tion of feudal obligations, 25, 26.
Gelasius I. , Pope--
Statement of relation of spiritual
and temporal authorities, 6.
Cited by Hugh of Fleury, 111.
Gerbert. See Sylvester II.
Gerhoh of Reichersberg--
Divine origin and authority of secular
power, 102. 4
Condemns Manegold's phrases, 184.
Gerstengen: Meeting there between
Saxon princes and those of the im-
perial party, 157.
Ghent: Case between the city and the
Count of Flanders, 65.
Girard of Seeste: War between him and
King Amauri I. , 77.
Glanvill--
Reverence of vassal for lord, 27.
English law is custom, 41, 42.
Laws of England though unwritten
may properly be called laws, 46.
Cites "Quod principi placet, legis
habet vigorem," 46.
Laws are promulgated by prince
with counsel of great men, 46.
Vassal perhaps entitled to defend
himself against his lord, 61 (note
1), 79 (note 4).
Fidelity to king always reserved in
England, in doing homage, 79.
"Ligancia" only made to lord of
whom a man holds bis "capitale
tenementum," 79.
Government--
A conventional institution according
to Fathers, 3; and Stoics, 5.
A result of sin, 5.
Conception of it as natural by St
Thomas Aquinas, 5.
This had little influence till end of
thirteenth century, 5, 6.
Gratian: His dictum that no law is
valid unless it is accepted by the
custom of those concerned, 47, 48.
Gregory, St, the Great--
Probable reference to his statement
of a heavenly hierarchy, by Hugh
of Fleury, 98 (note 1).
Source of the theory of the " Divine
Right," 10.
To his influence it can generally be
traced in Middle Ages, 116; i. e. ,
Atto of Vercelli, 117; Wenrich
of Trier, 119; 'De unitate
ecclesise conservanda,' 120.
Gregory II. , Pope: His action in restrain-
ing Italians from revolt against Leo
the Iconoclast, cited by Gregory of
Catino, 123.
Gregory VII. , Pope--
His phrases about sinful origin and
character of secular authority,
94.
Other phrases seem to recognise its
divine origin and purpose, 94-96.
? ? Discussion of this apparent con-
Generated for (University of Chicago) on 2014-12-19 10:42 GMT / http://hdl. handle. net/2027/mdp. 39015002403882 Public Domain in the United States, Google-digitized / http://www. hathitrust. org/access_use#pd-us-google
?
