They speak of the
consecration
and coronation
of Otto III.
of Otto III.
Thomas Carlyle
net/2027/mdp.
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 163
pared to refuse to accept any authority however august which
would impose the yoke of an unlimited obedience upon the
subject.
It is with the same courage that he deals with the question of
the binding nature of the oath of allegiance. Wenrich had made
a vigorous attack upon the action of Hildebrand in absolving
the subjects of Henry IV. from their oath of allegiance. 1 Mane-
gold answers him not so much by urging the papal authority in
this matter as by examining the nature of such an oath and the
conditions of its obligation. This, he says, is the superiority of
human nature to that of the animal, that in virtue of the power
of reason it examines the causes of things, and considers not
merely what should be done, but why it should be done. No
man can make himself king or emperor, and the people elect a
man to this position in order that he may protect the good and
destroy the wicked, and administer justice to every man. If he
scelestius, contra voluntatem videlicet
dominicam cuiquam hominum obedi-
entiam ex debiti necessitate inpenden-
dam? Hinc ipse princeps apostolorum
nos instruit dicens: 'Obedire oportet
Deo magis quam hominibus. ' Et
supra: 'Si iustum est in conspectu
Dei vos potius audire quam Deum,
iudicate. ' Proponunt enim: 'Ego,'
inquid Gregorius, 'iussioni subditus
eandem legem per diversas terrarum
partes feci trat1smitti; usque utro-
bique ergo quod debui exsolvi, qui
et imperatori obedientiam prebui et
pro Deo quod sensi minime tacui. '
Multi sunt enim locutionum modi,
multa et genera, quibus pro diversi-
tate causarum et personarum non
solum sanctorum sermones, sed et
communes et vulgares dispensantur
locutiones. Sancti enim, quia homines
esse se meminerant, modo humano
suas locutiones formabant. Solent
enim homines ita loqui vel cognatis vel
amicis vel certe extraneis: 'Implevi
quod imperasti' et: 'Quodcumque
iusseris ut servus tuus implebo' et:
'Nullus tuus proprius libentius obedit
voluntati tuse. ' . . . Secundum hunc
igitur locutionis modum beatus Gre-
gorius obedientiam se dicit debere et
non ex alicuius debiti necessitate. . . .
Cum igitur hsec ita esse certa compre-
hendantur ratione, certe tamen, si
Gregorius aliqua temporis vel cau-
sarum dispensatoria ratione funestam
legem ad omnium noticiam non distulit
insinuare fecitque transmittere, certe,
inquam, hoc facto sedem beato Petri
divinitus concesso nequaquam privavit
privilegio. At si sanctissimus ille,
corpore quod corrumpitur animam
aggravante, aliquid ut homo, quod
cum gratia ipsius dicam, excesrit,
nullatenus in hoc aliquem suorum
successorum ad sui imitationem cou-
stringit, quia nec Petrus princeps
utique apostolorum in hoc se imitandum
docuit, quod gentes iudaizare coegit,
nec Cyprianus, quia Donatistas re-
baptizandos censuit, rebaptizandi nobis
necessitatem imposuit. Neque sanc-
? ? torum excessus ad imitandum sunt
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? 164 POLITICAL THEORY : llTH & 12TH CENTURIES, [part II.
violates the agreement under which he was elected, and dis-
turbs and confounds that which he was to set in order, the
people is justly and reasonably absolved from its obedience,
since he has broken that faith which bound him and them
together. The people never binds itself by an oath to obey a
ruler who is possessed by fury and madness. 1
There are, Manegold points out, two cases which have to be
considered, that of the man who takes a just and reasonable
oath to the king, and that of him who takes an unjust and
unreasonable oath, and he examines the two cases separately.
He who takes a just and reasonable oath to the king swears
that he will be his companion and helper in maintaining the
government of the kingdom, in preserving justice and estab-
lishing peace, and this oath is binding so long as the king
demands his help in doing those things which he has sworn to
do. But if the king ceases to govern the kingdom, and begins
to act as a tyrant, to destroy justice, to overthrow peace, and
to break his faith, the man who has taken the oath is free from
it, and the people is entitled to depose the king and to set up
another, inasmuch as he has broken the principle upon which
their mutual obligation depended. This, Manegold maintains,
is what the German princes had done; they had perhaps sworn
allegiance rashly when Henry IV. was too young to understand
the nature of an oath, but they had striven to keep their oath,
until he threw aside his obedience to the apostolic see, and
forced them to apostatise from the Christian religion. When
for this crime the Synod of Eome had deposed him, and
1 Manegold, 'Ad Gebehardum,'
xlvii. : "Inhocnamque natura humana
ceteris prestat animantibus, quod
capax rationis ad agenda queque non
fortuitis casibus proruit, causas rerum
iuditio rationis inquirit nec tantum,
quid agatur, sed cur aliquid agatur
intendit. Cum enim nullus se inpera-
torem vel regem creare possit, ad hoc
unum aliquem super se populus exaltat,
ut iusti ratione inperii se gubernet et
regat, cuique sua distribuat, pios
foveat, inpios perimat, omnibus vide-
licet iusticiam inpendat. At vero si
quando pactum, quo eligitur, infringit,
ad ea disturbanda et confundenda, que
corrigere constitutus est, eruperit, iuste
rationis consideratione populum sub-
iectionis debito absolvit, quippe cum
fidem prior ipse deseruerit, que alter-
utrum altero fidelitate colligavit. Hue
accedit, quod populus nequaquam iu-
ramento ad hoc se cuiquam obligat,
ut ad quoscumque furentis animi iu-
petus obediat, aut, quo illum furor et
insania precipitat, illum necessitudo
subiectionis sequi compellat. "
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 165
deprived him of the royal dignity, the Christian people no
longer owed him any reverence. It was the proper function
of the apostolic see to reassure the people, which was con-
cerned and anxious about the obligation of the oath it had
taken, and it is therefore clear that it justly loosed the oath
which was certainly and manifestly null and void, and publicly
annulled that which was inherently invalid. 1
The discussion of the second case, that of the man who has
sworn to do something in itself evil and unjust, does not
demand any detailed consideration. Manegold urges, and sup-
ports his contention with a number of patristic quotations,
that such oaths are obviously from the outset null and void. 2
It should be observed that Manegold's treatment of the real
nature of the authority which was exercised, when a man was
absolved from the obligation of an oath, was not in any way
peculiar or eccentric, but represents what was probably the
1 Id. , xlvii. : "Aut enim quisque juste
et qua fieri debet ratione regibus et
principibus iurat, aut iniuste et qua
fieri nou debet ratione. Sequamur
utraque et, qua servanda sunt ratione,
videamus.
xlviii. : Ut enim ab adversariis in-
ducto utamur exemplo, si, ut Augus-
tinus diffinit, per Deum est iurare Deo
ius reddere, ille, qui iuste et qua fieri
debet ratione regibus vel principibus
iurat, hoc sacramento confirmat, ut ad
regni gubernacula tuenda, iusticiam
servandam, pacem stabiliendam indi-
viduus et inremotus comes et adiutor
existat. Hoc namque sacramentum
iurantem tam diu debiti necessitate ob-
stringit, quam diu is cui iuratum est
ad iurata facienda iurantem poposcit.
At vero, si ille non regnum gubernare,
sed regni occasione tyrannidem exer-
cere, iusticiam destruere, pacem con-
fundere, fidem deserere exarserit, ad-
iuratus iuramenti necessitate absolutus
existit, liberumque est populo illum
deponere, alteram elevare, quem con-
stat alterutre obligationis rationem
prius deseruisse. Sic, inquam, sic
principes nostri, quamvis vestro Hein-
rico minus caute, parum considerate
iurassent, adhuc utpote parvulo ac
necdum fidei sacramentis iniciato,
tamen sacramenti consideratione omni
reverentia studebant obedire, donec
illos, apostolicam abiurando obedien-
tiam, idolatriam cogebat exercere et a
cristiana religione apostatare. 'Quasi,'
in quid Samuel, 'peccatum ariolandiest
repugnare et quasi scelus idolatrie nolle
acquiescere. ' Super quo igitur scelere
postquam hunc Romana sinodus iusta,
ut supra prolatum est, ratione de-
posuit, regia dignitate privavit, nulla
regie potestatis reverentia a christiano
populo fuit exhibenda. Pertinuit
igitur ad apostolici officium populum
de his securum reddere, quem de ex-
hibitis sacramentis vidit sollicitum
estuare. Constat ergo illum iuste
sacramenta solvisse, que omnibus fideli-
bus et rationali intellectu nitentibus
certum et manifestum est nulla exis-
? ? tere. Implevit igitur officium suum,
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? 166 POLITICAL THEORY : 11TH & 12TH CENTURIES, [part II.
normal conception of the canonists. 1 We are not here dealing
with the claim of the ecclesiastical or papal authority to have
the power of deposing kings; with that we propose to deal
in the next volume, and we shall then have to consider the
treatment of this subject by Manegold. In the meanwhile we
must observe that his contention that the oath of allegiance
is not binding to the king who abuses his authority is really
independent of this. In his opinion the pope merely declares
that obligation annulled which is already null and void.
We can now approach the consideration of that well-known
passage in which Manegold sets out his theory of the nature of
political authority and obligation in the sharpest and clearest
terms. We have already indeed cited the first words of the
passage, the words in which he expresses his judgment of the
greatness and dignity of the royal office, and of its high moral
function in maintaining justice. 2 The royal dignity excels all
earthly authority, and he who is to hold it, who is to have the
care and government of all, should be superior to all in virtue,
that he may exercise this power with the highest equity. So
far we have already followed Manegold's argument, but sud-
denly he turns to the other side of the principle. The people
does not exalt him in order that he should act as a tyrant
towards them, but in order that he should defend them from
the wickedness and tyranny of others. If he, who has been
elected to put down the wicked and to defend the good, turns
to wickedness, oppresses the good, and plays the part of a
tyrant over his subjects, it is clear that he justly falls from the
office which was conferred upon him, and that the people are
free from his dominion and from their subjection, inasmuch as
he has violated that agreement (pactum) in virtue of which he
was appointed. The people cannot in such a case be accused
of a breach of faith, for it is he who has first broken faith.
And then Manegold, with characteristic audacity, reinforces
this principle by a comparison from humble life. If a man has
given his swine for a suitable wage into the charge of a swine-
herd, who, in place of keeping them safe, steals, slays, or loses
1 Cf. vol. ii. pp. 202, 203. 2 Cf. p. 112 and p. 161.
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 167
them, he will refuse to pay the wage, and will dismiss him from
his service. If this is just in such humble matters, how much
more is it clear and just that the man to whom the rule of men
has been committed, and who uses his power not for the true
government of men, but to lead them into error, should be
deprived of all power and dignity. This principle is surely
right in Christian times, for even the Eomans drove out Tarquin
for the outrage which his son had committed against Lucretia.
It is one thing to reign, it is another to act like a tyrant, and,
while men should render faith and reverence to kings and
emperors in order to maintain the true government of the
kingdom, yet, if they play the tyrant, then they deserve neither
faith nor reverence. 1
1 Manegold, 'Ad Gebehardum,'
xxx. : "Regalis ergo dignitas et
potentia eicut omnes mundanas excellit
potestates, sic ad eam ministrandam
non flagitiosissimus quisque vel tur-
pissimus est constituendus, sed qui
sicut loco et dignitate, ita nichilominus
ceteros sapientia, iusticia superet et
pietate. Necesse est ergo, qui omnium
curam gerere, omnes debet guberaare,
maiore gratia virtutum super ceteros
debeat splendere, traditam sibi potes-
tatem summo equitatis libramine
studeat administrare. Neque enim
populus ideo eum super se exaltat, ut
liberam in se exercendse tyrannidis
facultatem concedat, sed ut a tyrannide
ceterorum et improbitate defendat. At
qui cum ille, qui pro coercendis pravis,
probis defendendis eligitur, pravitatem
in se f o vere, bonos conterere, tyrannidem,
quam debuit propulsare, in subiectos
ceperit ipse crudelissime exercere, nonne
clarum est, merito illum a concessa
dignitate cadere, populum ab eius
dominio et subiectione liberum existere,
cum pactum, pro quo constitutus est,
constet illum prius irrupisse? Nec illos
quisquam poterit iuste ac rationabiliter
perfidise arguere, cum nichilominus
constet illum fidem prius deseruisse.
Ut enim de rebus vilioribus exemplum
trahamus, si quis alicui digna mercede
porcos suos pascendos committeret,
ipsumque postmodo eos non pascere.
sed furari, mactare et perdere cog-
nosceret, nonne, promissa mercede etiam
sibi retenta, a porcis pascendis cum
eontumelia illum amoveret? Si inquam,
hoc in vilibus rebus custoditur, ut nec
porcarius quidem habeatur, qui porcos
non pascere, sed studet disperdere, tanto
dignius iusta et probabili ratione omnis,
qui non homines regere, sed in errorem
mittere conatur, omni potentia et
dignitate, quam in homines accepit,
priyatur, quanto conditio hominum a
natura distat porcorum. Quid igitur
mirum, si h<<c disciplina sub Christiana
religione custoditur, dum antiqui
Romani, etate videlicet illustrium
virorum Collatini et Bruti, Tarquinii
regis superbiam non ferentes, pro
stupro, non quod ipse, sed quod filius
eius in Lucretia nobili matrona com-
? ? miserat, cum filio pariter illum patria
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? 168 POLITICAL THEORY : 11TH & 12TH CENTURIES, [paet n.
We have in this passage not only the summary of the
political conceptions of Manegold himself, but the crystallisation
of a movement of political thought and principle into a great
phrase. For when Manegold represents the relation between
the king and the people as embodied in an agreement or
"pactum," a contract binding equally upon each party, he is
not only giving the first definite expression to the conception
which came in later times to be known as the theory of the
"social contract," but he is summing up in one phrase the main
principle of mediseval political society. This conception is the
same as that which finds its classical expression in the phrase
of the "Declaration of Eights" that James II. had broken the
original contract between the king and the people, and it is
also the expression of the mediseval principle of the relation of
the king to the law and the administration of justice. It is,
indeed, of the first importance to observe that Manegold's con-
ception is not constructed upon some quasi-historical concep-
tion of the beginnings of political society, but rather represents
in concrete form the constitutional principle of the mediseval
state as embodied in the traditional methods of election or recog-
nition, and of the reciprocal oaths of the coronation ceremonies.
The people have indeed sworn obedience, but their oath is
related to and conditioned by the oath which the king has at the
same time taken to administer justice and to maintain the law.
It is in virtue of this that he has been elected or recognised,
and it is these reciprocal oaths which constitute the contract.
The oath of the people is indeed "ipso facto" null and void if
the king does not on his part faithfully observe the obligations
which he has taken. Men do not undertake so great an
obedience except for reasonable causes, and it is not reason to
think that they are bound to obey one who refuses to recognise
the principles and conditions in virtue of which they promised
obedience.
regni gubernacula fides et reverentia
est adhibenda, sic certe, sic firma
ratione, si tyrannidem exercere
eruperint, absque omni fidei lesione
vel pietatis iactura nulla fidelitas est
vel reverentia impendenda. 'In
maximo enim imperio' ait hystericus,
'minima est licentia. '"
Cf. Id. xlvii. , p. 164, note.
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 169
It is no doubt true that the phrases of Manegold are related
to a period of great confusion and civil war, and if they stood
alone they would represent at the best an interesting and
important anticipation of later developments of political
principle or theory. But they do not stand alone, there is
indeed no other writer of the eleventh or twelfth centuries
who expresses the principle in exactly the same phrases, but
the principle expressed by his phrases is the normal principle
of the political theory of these centuries.
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? 170
CHAPTER VII.
THE CONCEPTION OF A UNIVERSAL EMPIRE.
We have endeavoured to set out the main aspects of the
theory of political authority in the eleventh and twelfth
centuries, and we have so far made no distinction between the
theory as it may have been related to the empire and the other
Western states. We do not indeed find any reason to think
there was any substantial distinction; on the contrary, the
principles of political- organisation appear to us to have been
substantially the same in all the European communities.
There is, however, one conception which has been thought to
have been important in the theory of the structure of mediseval
society with which we have not dealt, and this is the concep-
tion of the political unity of the world. It has been sometimes
thought that as the Middle Ages present us with a unified
ecclesiastical system under the headship of the Pope, so, at
least in principle, they represent a unified political system
under the headship of the emperor. There is, indeed, no
doubt that at least in the fourteenth century, when abstract
political theory was very highly developed, many writers, of
whom Dante was the most illustrious, were much occupied
with this conception, and it might well be supposed that this
represents the natural survival of the impression of the great
attempt of Charlemagne to gather together into one the divided
members of the ancient Eoman empire.
It is indeed clear that the conception of the one empire
embracing and including all lesser states, and claiming some
indeterminate superiority over them, was from the first fre-
quently held among the people of the empire which the Ottos
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? CHAP. VII. ] CONCEPTION OF A UNIVERSAL EMPIRE. 171
built up in the tenth century, and that they conceived of the
position of the Eoman emperor as being something different
from that of a German king. The expeditions to Italy repre-
sented the claim not merely to political authority in Italy, but
to the succession of Charles the Great and of the ancient
empire.
This is the conception which is represented in the Annals
of Quedlinburg.
They speak of the consecration and coronation
of Otto III. in 996 as being done with the acclamation not
only of the Eoman people, but of the people of almost all
Europe. 1 And they enlarge these phrases, and make them
even more emphatic in describing the position of Conrad II.
(the Salic). They speak of the chief men of all Europe and
the envoys of many peoples as hastening to his court,2 and of
the emperor as one to whom all parts of the world bow the
neck. 3
The author of the life of St Adalbert, writing probably
about the end of the tenth century, uses a phrase which serves
well to illustrate the conception of the emperor as supreme
lord of the world. He speaks of Eome as the head of the
world, and says that Eome alone can transform kings into
emperors. It is Eome that keeps the body of the Prince of
saints, and it is right therefore that the lord of the world
should be appointed by Eome. 4 Berno, the Abbot of Eeichenau,
in a letter to the Emperor Henry II. , addresses him as his lord,
the propagator of the Christian religion, Emperor and Augustus,
1 'Annales Quedlinburgenses, Con- talem, eximia celebrant gloria. "
tlnuatio,' 996: "Hic ergo sede intro- 3 Id. id. : "Et quid de victoriosissimi
nizatus apostolica, dominum Ottonem, imperatoris referam gratulatione? Cui
hue usque vocatum regem, non solum cuncta mundi clitnata colla subdendo
Romano, sed et pene totius Europse inserviunt, quique eo magis super
populo acclamante . . . imperatorem accumulata gloria merito gaudet, quo
consecravit Augustum. " se, Deo donante, altiorem ceteris,
2 Id. id. , 1024: "Emensa itaque praminentem laetatur universis. "
imperator quam coeperat via, cunctis, 4 Vita S. Adalberti, 21: "Roma
ut ita dicam, Europse primis ibidem autem cum caput mundi et urbium
confluentibus, diversarumque gentium domina sit et vocetur, sola reges
missaticis ad imperiale eius obsequium imperare facit; cumque principis
undique properantibus, sacrosanctum sanctorum corpus suo siuu refoveat,
dominical resurrectionis gaudium, toto merito principem terrarum ipsa con-
iam corridente mundo, prout decuit stituere debet. "
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? 172 POLITICAL THEORY : 11TH & 12TH CENTURIES, [part II.
the lord both of lands and sea, and gives thanks to God, who
has made his magnificence excel that of all kingdoms. 1 And
Wippo, in his panegyric on Henry III. , says: "Thou art the
head of the world, while thy head is the ruler of Olympus,
whose members thou dost rule with the just order of the law. "2
Such are some of the phrases used by the earlier writers as
expressive of the conception that in some sense the emperor
was lord not merely of the German and Italian kingdoms, but
of Europe and of the world. And the tradition was not lost,
but continued throughout the Middle Ages. Thus St Peter
Damian, in the second half of the eleventh century, in his
treatise on the disputed election of Alexander II. and
Cadalous of Parma, adjures the royal counsellors and the
ministers of the Apostolic See to labour together that the
"summum sacerdotium" and the Eoman empire may be united
in alliance with each other, and that the race of men which is
ruled by these two may not be divided. 3 And in a letter
addressed by him to Henry III. he speaks of all the kingdoms
1 Berno, Abbas Augise Divitis, Ep.
iii. : "Domino suo, Christianse reli-
gionis propagatori orthodoxo, Heinrico
imperatori Augusto, nec non terrarum
marisque domino. . . . lure immenso
cordis iubilo grates rerum omnium
persolvimus Domino, qui, in modum
excelsse pyramidis, vestrse dignitatis
magnificent iam universis superex-
cellere fecit regnis. "
2 Wippo, 'Panegyricus Heinrici
Regis' :--
"Tu caput es mundi, caput est tibi
rector Olympi,
Cuius membra regis iusto modera-
mine legis. "
* St Peter Damian, 'Disceptatio
Synodalis,' 'Clausula di<<tionis':
'' Amodo igitur, dilectissimi, illinc
regalis aulse consiliarii, hinc sedis apos-
tolicse comministri, utraque pars in hoc
uno studio conspiremus elaborantes,
ut summum sacerdotium et Roman-
um simul confoederatur imperium,
quatinus humanum genus, quod per
hos duos apices in utraque substantia
regitur, nullis--quod absit! --partibus,
quod pro Kadaloum nuper factum est,
rescindatur; sicque mundi vertices in
perpetuse karitatis unionem concur-
rant, ut inferiora membra per eorum
discordiam non resiliant; quatinus
sicut in uno mediatore Dei et hominum
hsec duo, regnum scilicet et sacer-
dotium, divino sunt conflata mysterio,
ita sublimes istse duse personam tanta
sibimet invicem uuanimitate iungantur,
ut quodam mutuse caritatis glutino et
rex in Romano pontifice et Romanus
pontifex inveniatur in rege, salvo
scilicet suo privilegio papse, quod nemo
prseter eum usurpare permittitur.
Ceterum et ipse delinquentes, cum
causa dictaverit, forensi lege coher-
ceat, et rex cum suis episcopis super
animarum statu, prolata sacrorum
canonum auctoritate, decernat. Ille
tanquam parens paterno semper iure
premineat, iste velut unicus ac sin-
gularis Alius in amoris illius amplexi-
? ? bus requiescat. "
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? CHAP. VII. ] CONCEPTION OP A UNIVERSAL EMPIRE. 173
of the world as being subject to his empire. 1 Again, we may
notice how, in a treatise ascribed to Cardinal Beno, in the last
years of the eleventh century, Hildebrand is vehemently cen-
sured for applying certain words of St Gregory the Great to
the emperor, as though there were no difference between him
and any "provincial" king. 2
It is thus that when the empire reached its highest point
under Frederick I. (Barbarossa), we find a frequent recurrence
of phrases indicating the notion that the Empire was superior to
all other States, and even in some sense supreme over them.
Thus Frederick uses of himself a phrase which might seem to
be a claim to universal authority. In the introduction to a
document of 1157 he styles himself " Frederick, by the grace of
God emperor and always Augustus," and says that he holds by
the Divine providence "Urbis et Orbis gubernacula. " 3 Again,
in a document relating to the enfeoffment of the Count of
Provence, he speaks of the dignity of the Boman empire as
having a more excellent glory and greatness than all other
kingdoms, authorities, or dignities, as it is adorned by the
greater number and merit of its illustrious princes and wise
men. 4
It is, however, in one of the documents relating to the Council
of Pavia (1159-1160) that the imperial claims are most forcibly
expressed. On the death of Hadrian IV. there had been a double
election to the papacy, and both Alexander III. and Victor
1 St Peter Damian, Epist. , Bk. vii. 1: "Fridericus divina favente dementia
"Et cum omnia regna terrarum, quse Romanorum imperatoraugustus. Cum
vestro subiicitur imperio, teste mundo, Romani imperii dignitas, sicut nulli
largissima vestrse pietatis abundantia mortalium in dubium venit, per se
repleat. " principaliter ac singulariter nullo nisi
2 M. G. H. , 'Libelli de Lite,' vol. divino innixa podio, totius honestatis
ii. , 'Benonis aliorumque cardinalium omniumque virtutum sit adornata ful-
Scripta,' iii. 9: "Vel si iubentis sunt goribus, tanto comparacione solis, quam
non recte divisisti, dum preceptum habet ad alia sydera, excellentiori
adversus provinciarum regem com- gloria et magnitudine omnia regna
positum csesari oposuisti, quasi nulla et reliquas potestates vel dignitates
sit differentia csesaris et cuiuslibet videtur prsecellere, quanto illustrium
provincialis regis. " principum ac sapientum virorum,
3 M. G. H. , Legum, Sect. IV. , Con- qui portant orbem, ampliori numero
stitutiones, vol. i. 161. et merito decoratur. "
4 Id. id. id. , vol. i. 216 (1162):
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? 174 POLITICAL THEORY : llTH & 12TH CENTURIES, [pakt II.
claimed to have been duly elected. Frederick maintained that
in such a circumstance the emperor had the responsibility of
taking the proper steps to prevent a schism, and he therefore
called together a council at Pavia to inquire into the matter and
to decide which of the two claimants had a just title. It is in
the letter of invitation to the German bishops that he uses the
strongest phrases about the position and dignity of the empire.
When Christ, he says, was content with the two swords, this
pointed to the Eoman Church and the Eoman Empire, for it is
by these two that the whole world is ordered in sacred and
human things. For as there is one God, one pope, one
emperor, there must be one Church. And thus it is the
Eoman emperor who must take measures to provide a remedy
for this great mischief. He has therefore called together an
assembly of the bishops of the empire, and of the other king-
doms, France, England, Spain, and Hungary, in order that they
should in his presence decide which of the claimants should
lawfully rule over the universal Church. 1
We are not here concerned with the question of the relation
between the secular and the ecclesiastical authorities which
was raised by this attempt to deal with the disputed succession
to the papacy, we deal with Frederick's letter here only as
illustrating his assertion of a special and unique position of the
1 M. G. H. , Legum, Sect. IV. , Con-
stitutiones, vol. i. 182, 'Encyclica In-
vitatoria ad Episcopos Teutonicos':
"Quod in passione sua Christus duobus
gladiis contentus fuit, hoc in Romana
secclesia et in imperio Romano credi-
mus mirabili providentia declarasse,
cum per hsec duo rerum capita et
principia totus mundus tam in divinis
quam in humanis ordinetur. Cumque
unus Deus, unus papa, unus imperator
sufficiat, et una secelesia Dei esse
debeat, quod sine dolore cordis dicere
non possumus, duos apostolicos in Ro-
mana secclesia habere videmur.
Ne itaque in tantse discrimine dis-
cordise universalis secclesia periclitari
possit, Romanum imperium quod ad
remedium tam perniciosi mali divina
dementia providit, universorum saluti
debet sollicite providere et, ne tanta
mala in secclesia Dei premineant futuris
casibus sollerter obviare. . . .
curiam sollempnem et generalem con-
ventual omnium secclesiasticorum
virorum in octava epiphanise Papise
celebrandam indiximus, ad quam am-
bos qui se dicunt Romanos pontifices
vocavimus omnesque episcopos imperii
nostri et aliorum regnorum, Francise
videlicet, Anglise, Hispanise atque
Ungarise, ut eorum in presentia nostra
iusto declaretur examine, quis illorum
regimen universalis secclesise de iure
debeat obtinere. "
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? CHAP. Vll. ] CONCEPTION OF A UNIVERSAL EMPIRE. 175
empire. If we were to take the encyclical letter to the German
bishops alone, we might well think that Frederick definitely
claimed that the empire stood above all other political
authorities. When, however, we take account of the other
documents relating to the Council of Pavia, we observe that his
tone is somewhat different. His letter to Henry II. of England
has been preserved, and it is noticeable that in this the more
pretentious phrases about the position of the empire are
omitted, and that he confines himself to the invitation to send
as many of his bishops and abbots as possible to the meeting at
Pavia, that they may assist in restoring the peace of the Church. 1
And in another of these documents, a letter addressed to the
Archbishop of Salzburg asking him to postpone his recognition
of either of the claimants to the papacy, he tells him that he
has entered into communication with the Kings of France and
England, and asked them also not to accept either of the
claimants unless he had been recognised by them all. 2
There is, however, a passage in a letter of Henry II. to
Frederick I. cited by Eahewin, which seems to recognise the
superior authority of the emperor in a very large sense; he
speaks of the emperor as having the right to command, and
assures him that he will not fail in obedience. 3 And Eoger
of Hoveden relates that Eichard I. of England being a prisoner
in Germany, and in order to procure his release from captivity,
handed over his kingdom of England to the Emperor Henry VI. ,
1 M. G. H. , Legum, Sect. IV. , Con-
stitutiones, vol. i. 183: "Set quia hoc
iam diu desiderabile votum nostrum
necessarie cure prepediunt, dilectionem
tuam modis quibus possumus exora-
tum esse cupimus, quatinus de vener-
abili collegio episcoporum regni tui et
abbatum aliorumque orthodoxorum,
quorum sapientia et religione Anglorum
pref ulget ecclesia, quotquot potes, nobis
transmittas et prsedicto sacro conventui
interesse facias, ut eorum ceterorumque
ecclesiasticorum virorum salubri dic-
tante consilio unitas Romanse secclesise,
eo mediante qui facit utraque uuum,
reformetur et status ecclesiarum nulla
deinceps dissensionum turbine collisus,
nostris temporibus incolumis in summa
tranquillitate possit permanere. "
2 Id. id. id. , vol. i. 181: "De oetero
noster predictus legatus hoc verbum
electionis de Romano pontifice in cordi-
bus eorum ita firmabit, ut ipsi una
nobiscum unum inde velint et sapiant,
nec in aliquam personam favorem suum
tam subito ponant, nisi quam nostrum
trium unicus laudaverit assensus. "
3 Rahewin, 'Gesta Friderici, Im-
peratoris,' III. 7: "Regnum nostrum
vobis exponimus. . . . Vobis imperandi
cedat auctoritas, nobis non deerit vol-
untas obsequendi. " Cf. Bryce, 'Holy
Roman Empire,' p. 186, note k.
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? 176 POLITICAL THEORY: 11TH & 12TH CENTURIES, [part H.
"as to the Lord of all," and that the emperor then invested him
with it on the terms of the payment of an annual tribute. 1 He
adds that the emperor released him from this on his deathbed,
but he also mentions that Eichard was summoned in virtue of
his oath and faith to be present at Cologne in 1197, as being a
chief member of the empire, to take part in the election of
Henry VI. 's successor, and that he sent envoys to represent
him. 2
It is difficult to say what credit is to be attached to this
story; if it is true, it has to be observed that Eichard was
acting under compulsion. But it is possible that there may be
some confusion about it, as Eichard was at the same time
invested, according to Hoveden, with the nominal kingdom of
Arles by Henry VI. There may be some confusion, and it is
possible that it was in this connection that he was summoned
to the election.
Such are some of the most important illustrations of the
survival in the eleventh and twelfth centuries of the conception
of the emperor not only as holding a position and authority
different from that of all other rulers, but as in some sense the
supreme lord of a united world, as representing the conception
of a political unity of the civilised world. It must be observed
that with the exception of the last passages, all of these phrases
represent the opinion or feelings of those who were emperors,
or members of the empire. When we turn to the consideration
of the question how far the sentiments of men in other western
countries corresponded with them, we find ourselves in a some-
what different atmosphere.
There has survived a very significant letter written in 988 by
1 Roger of Hoveden, 'Chronicle,' ed.
Bp. Stubbs, Rolls Series, vol. iii. p. 202,
A. D. 1093: "Ricardus rex Anglise incap-
tione Henrici Romanorum imperatoris
detentus, ut captionem illam evaderet,
consilio Alienor matris suse, deposuit
se de regno Anglise et tradidit illud
imperatori sicut universorum domino,
et investivit eum inde per pilleum
suum : sed imperater sicut prselocutum
fuit, statim reddidit ei, in conspectu
magnatum Alemannise et Anglise,
regnum Anglise prsedictum, tenendum
de ipso pro quinque millibus librarum
sterlingorum singulis annis de tributo
solvendis, et investivit eum inde im-
perator per duplicem crucem de auro.
Sed idem imperator in morte sua de
omnibus his et aliis conventionibus
quietum clamavit ipsum Ricardum
regem Anglioe et hseredes suos. "
2 Id.
? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 163
pared to refuse to accept any authority however august which
would impose the yoke of an unlimited obedience upon the
subject.
It is with the same courage that he deals with the question of
the binding nature of the oath of allegiance. Wenrich had made
a vigorous attack upon the action of Hildebrand in absolving
the subjects of Henry IV. from their oath of allegiance. 1 Mane-
gold answers him not so much by urging the papal authority in
this matter as by examining the nature of such an oath and the
conditions of its obligation. This, he says, is the superiority of
human nature to that of the animal, that in virtue of the power
of reason it examines the causes of things, and considers not
merely what should be done, but why it should be done. No
man can make himself king or emperor, and the people elect a
man to this position in order that he may protect the good and
destroy the wicked, and administer justice to every man. If he
scelestius, contra voluntatem videlicet
dominicam cuiquam hominum obedi-
entiam ex debiti necessitate inpenden-
dam? Hinc ipse princeps apostolorum
nos instruit dicens: 'Obedire oportet
Deo magis quam hominibus. ' Et
supra: 'Si iustum est in conspectu
Dei vos potius audire quam Deum,
iudicate. ' Proponunt enim: 'Ego,'
inquid Gregorius, 'iussioni subditus
eandem legem per diversas terrarum
partes feci trat1smitti; usque utro-
bique ergo quod debui exsolvi, qui
et imperatori obedientiam prebui et
pro Deo quod sensi minime tacui. '
Multi sunt enim locutionum modi,
multa et genera, quibus pro diversi-
tate causarum et personarum non
solum sanctorum sermones, sed et
communes et vulgares dispensantur
locutiones. Sancti enim, quia homines
esse se meminerant, modo humano
suas locutiones formabant. Solent
enim homines ita loqui vel cognatis vel
amicis vel certe extraneis: 'Implevi
quod imperasti' et: 'Quodcumque
iusseris ut servus tuus implebo' et:
'Nullus tuus proprius libentius obedit
voluntati tuse. ' . . . Secundum hunc
igitur locutionis modum beatus Gre-
gorius obedientiam se dicit debere et
non ex alicuius debiti necessitate. . . .
Cum igitur hsec ita esse certa compre-
hendantur ratione, certe tamen, si
Gregorius aliqua temporis vel cau-
sarum dispensatoria ratione funestam
legem ad omnium noticiam non distulit
insinuare fecitque transmittere, certe,
inquam, hoc facto sedem beato Petri
divinitus concesso nequaquam privavit
privilegio. At si sanctissimus ille,
corpore quod corrumpitur animam
aggravante, aliquid ut homo, quod
cum gratia ipsius dicam, excesrit,
nullatenus in hoc aliquem suorum
successorum ad sui imitationem cou-
stringit, quia nec Petrus princeps
utique apostolorum in hoc se imitandum
docuit, quod gentes iudaizare coegit,
nec Cyprianus, quia Donatistas re-
baptizandos censuit, rebaptizandi nobis
necessitatem imposuit. Neque sanc-
? ? torum excessus ad imitandum sunt
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? 164 POLITICAL THEORY : llTH & 12TH CENTURIES, [part II.
violates the agreement under which he was elected, and dis-
turbs and confounds that which he was to set in order, the
people is justly and reasonably absolved from its obedience,
since he has broken that faith which bound him and them
together. The people never binds itself by an oath to obey a
ruler who is possessed by fury and madness. 1
There are, Manegold points out, two cases which have to be
considered, that of the man who takes a just and reasonable
oath to the king, and that of him who takes an unjust and
unreasonable oath, and he examines the two cases separately.
He who takes a just and reasonable oath to the king swears
that he will be his companion and helper in maintaining the
government of the kingdom, in preserving justice and estab-
lishing peace, and this oath is binding so long as the king
demands his help in doing those things which he has sworn to
do. But if the king ceases to govern the kingdom, and begins
to act as a tyrant, to destroy justice, to overthrow peace, and
to break his faith, the man who has taken the oath is free from
it, and the people is entitled to depose the king and to set up
another, inasmuch as he has broken the principle upon which
their mutual obligation depended. This, Manegold maintains,
is what the German princes had done; they had perhaps sworn
allegiance rashly when Henry IV. was too young to understand
the nature of an oath, but they had striven to keep their oath,
until he threw aside his obedience to the apostolic see, and
forced them to apostatise from the Christian religion. When
for this crime the Synod of Eome had deposed him, and
1 Manegold, 'Ad Gebehardum,'
xlvii. : "Inhocnamque natura humana
ceteris prestat animantibus, quod
capax rationis ad agenda queque non
fortuitis casibus proruit, causas rerum
iuditio rationis inquirit nec tantum,
quid agatur, sed cur aliquid agatur
intendit. Cum enim nullus se inpera-
torem vel regem creare possit, ad hoc
unum aliquem super se populus exaltat,
ut iusti ratione inperii se gubernet et
regat, cuique sua distribuat, pios
foveat, inpios perimat, omnibus vide-
licet iusticiam inpendat. At vero si
quando pactum, quo eligitur, infringit,
ad ea disturbanda et confundenda, que
corrigere constitutus est, eruperit, iuste
rationis consideratione populum sub-
iectionis debito absolvit, quippe cum
fidem prior ipse deseruerit, que alter-
utrum altero fidelitate colligavit. Hue
accedit, quod populus nequaquam iu-
ramento ad hoc se cuiquam obligat,
ut ad quoscumque furentis animi iu-
petus obediat, aut, quo illum furor et
insania precipitat, illum necessitudo
subiectionis sequi compellat. "
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 165
deprived him of the royal dignity, the Christian people no
longer owed him any reverence. It was the proper function
of the apostolic see to reassure the people, which was con-
cerned and anxious about the obligation of the oath it had
taken, and it is therefore clear that it justly loosed the oath
which was certainly and manifestly null and void, and publicly
annulled that which was inherently invalid. 1
The discussion of the second case, that of the man who has
sworn to do something in itself evil and unjust, does not
demand any detailed consideration. Manegold urges, and sup-
ports his contention with a number of patristic quotations,
that such oaths are obviously from the outset null and void. 2
It should be observed that Manegold's treatment of the real
nature of the authority which was exercised, when a man was
absolved from the obligation of an oath, was not in any way
peculiar or eccentric, but represents what was probably the
1 Id. , xlvii. : "Aut enim quisque juste
et qua fieri debet ratione regibus et
principibus iurat, aut iniuste et qua
fieri nou debet ratione. Sequamur
utraque et, qua servanda sunt ratione,
videamus.
xlviii. : Ut enim ab adversariis in-
ducto utamur exemplo, si, ut Augus-
tinus diffinit, per Deum est iurare Deo
ius reddere, ille, qui iuste et qua fieri
debet ratione regibus vel principibus
iurat, hoc sacramento confirmat, ut ad
regni gubernacula tuenda, iusticiam
servandam, pacem stabiliendam indi-
viduus et inremotus comes et adiutor
existat. Hoc namque sacramentum
iurantem tam diu debiti necessitate ob-
stringit, quam diu is cui iuratum est
ad iurata facienda iurantem poposcit.
At vero, si ille non regnum gubernare,
sed regni occasione tyrannidem exer-
cere, iusticiam destruere, pacem con-
fundere, fidem deserere exarserit, ad-
iuratus iuramenti necessitate absolutus
existit, liberumque est populo illum
deponere, alteram elevare, quem con-
stat alterutre obligationis rationem
prius deseruisse. Sic, inquam, sic
principes nostri, quamvis vestro Hein-
rico minus caute, parum considerate
iurassent, adhuc utpote parvulo ac
necdum fidei sacramentis iniciato,
tamen sacramenti consideratione omni
reverentia studebant obedire, donec
illos, apostolicam abiurando obedien-
tiam, idolatriam cogebat exercere et a
cristiana religione apostatare. 'Quasi,'
in quid Samuel, 'peccatum ariolandiest
repugnare et quasi scelus idolatrie nolle
acquiescere. ' Super quo igitur scelere
postquam hunc Romana sinodus iusta,
ut supra prolatum est, ratione de-
posuit, regia dignitate privavit, nulla
regie potestatis reverentia a christiano
populo fuit exhibenda. Pertinuit
igitur ad apostolici officium populum
de his securum reddere, quem de ex-
hibitis sacramentis vidit sollicitum
estuare. Constat ergo illum iuste
sacramenta solvisse, que omnibus fideli-
bus et rationali intellectu nitentibus
certum et manifestum est nulla exis-
? ? tere. Implevit igitur officium suum,
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? 166 POLITICAL THEORY : 11TH & 12TH CENTURIES, [part II.
normal conception of the canonists. 1 We are not here dealing
with the claim of the ecclesiastical or papal authority to have
the power of deposing kings; with that we propose to deal
in the next volume, and we shall then have to consider the
treatment of this subject by Manegold. In the meanwhile we
must observe that his contention that the oath of allegiance
is not binding to the king who abuses his authority is really
independent of this. In his opinion the pope merely declares
that obligation annulled which is already null and void.
We can now approach the consideration of that well-known
passage in which Manegold sets out his theory of the nature of
political authority and obligation in the sharpest and clearest
terms. We have already indeed cited the first words of the
passage, the words in which he expresses his judgment of the
greatness and dignity of the royal office, and of its high moral
function in maintaining justice. 2 The royal dignity excels all
earthly authority, and he who is to hold it, who is to have the
care and government of all, should be superior to all in virtue,
that he may exercise this power with the highest equity. So
far we have already followed Manegold's argument, but sud-
denly he turns to the other side of the principle. The people
does not exalt him in order that he should act as a tyrant
towards them, but in order that he should defend them from
the wickedness and tyranny of others. If he, who has been
elected to put down the wicked and to defend the good, turns
to wickedness, oppresses the good, and plays the part of a
tyrant over his subjects, it is clear that he justly falls from the
office which was conferred upon him, and that the people are
free from his dominion and from their subjection, inasmuch as
he has violated that agreement (pactum) in virtue of which he
was appointed. The people cannot in such a case be accused
of a breach of faith, for it is he who has first broken faith.
And then Manegold, with characteristic audacity, reinforces
this principle by a comparison from humble life. If a man has
given his swine for a suitable wage into the charge of a swine-
herd, who, in place of keeping them safe, steals, slays, or loses
1 Cf. vol. ii. pp. 202, 203. 2 Cf. p. 112 and p. 161.
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 167
them, he will refuse to pay the wage, and will dismiss him from
his service. If this is just in such humble matters, how much
more is it clear and just that the man to whom the rule of men
has been committed, and who uses his power not for the true
government of men, but to lead them into error, should be
deprived of all power and dignity. This principle is surely
right in Christian times, for even the Eomans drove out Tarquin
for the outrage which his son had committed against Lucretia.
It is one thing to reign, it is another to act like a tyrant, and,
while men should render faith and reverence to kings and
emperors in order to maintain the true government of the
kingdom, yet, if they play the tyrant, then they deserve neither
faith nor reverence. 1
1 Manegold, 'Ad Gebehardum,'
xxx. : "Regalis ergo dignitas et
potentia eicut omnes mundanas excellit
potestates, sic ad eam ministrandam
non flagitiosissimus quisque vel tur-
pissimus est constituendus, sed qui
sicut loco et dignitate, ita nichilominus
ceteros sapientia, iusticia superet et
pietate. Necesse est ergo, qui omnium
curam gerere, omnes debet guberaare,
maiore gratia virtutum super ceteros
debeat splendere, traditam sibi potes-
tatem summo equitatis libramine
studeat administrare. Neque enim
populus ideo eum super se exaltat, ut
liberam in se exercendse tyrannidis
facultatem concedat, sed ut a tyrannide
ceterorum et improbitate defendat. At
qui cum ille, qui pro coercendis pravis,
probis defendendis eligitur, pravitatem
in se f o vere, bonos conterere, tyrannidem,
quam debuit propulsare, in subiectos
ceperit ipse crudelissime exercere, nonne
clarum est, merito illum a concessa
dignitate cadere, populum ab eius
dominio et subiectione liberum existere,
cum pactum, pro quo constitutus est,
constet illum prius irrupisse? Nec illos
quisquam poterit iuste ac rationabiliter
perfidise arguere, cum nichilominus
constet illum fidem prius deseruisse.
Ut enim de rebus vilioribus exemplum
trahamus, si quis alicui digna mercede
porcos suos pascendos committeret,
ipsumque postmodo eos non pascere.
sed furari, mactare et perdere cog-
nosceret, nonne, promissa mercede etiam
sibi retenta, a porcis pascendis cum
eontumelia illum amoveret? Si inquam,
hoc in vilibus rebus custoditur, ut nec
porcarius quidem habeatur, qui porcos
non pascere, sed studet disperdere, tanto
dignius iusta et probabili ratione omnis,
qui non homines regere, sed in errorem
mittere conatur, omni potentia et
dignitate, quam in homines accepit,
priyatur, quanto conditio hominum a
natura distat porcorum. Quid igitur
mirum, si h<<c disciplina sub Christiana
religione custoditur, dum antiqui
Romani, etate videlicet illustrium
virorum Collatini et Bruti, Tarquinii
regis superbiam non ferentes, pro
stupro, non quod ipse, sed quod filius
eius in Lucretia nobili matrona com-
? ? miserat, cum filio pariter illum patria
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? 168 POLITICAL THEORY : 11TH & 12TH CENTURIES, [paet n.
We have in this passage not only the summary of the
political conceptions of Manegold himself, but the crystallisation
of a movement of political thought and principle into a great
phrase. For when Manegold represents the relation between
the king and the people as embodied in an agreement or
"pactum," a contract binding equally upon each party, he is
not only giving the first definite expression to the conception
which came in later times to be known as the theory of the
"social contract," but he is summing up in one phrase the main
principle of mediseval political society. This conception is the
same as that which finds its classical expression in the phrase
of the "Declaration of Eights" that James II. had broken the
original contract between the king and the people, and it is
also the expression of the mediseval principle of the relation of
the king to the law and the administration of justice. It is,
indeed, of the first importance to observe that Manegold's con-
ception is not constructed upon some quasi-historical concep-
tion of the beginnings of political society, but rather represents
in concrete form the constitutional principle of the mediseval
state as embodied in the traditional methods of election or recog-
nition, and of the reciprocal oaths of the coronation ceremonies.
The people have indeed sworn obedience, but their oath is
related to and conditioned by the oath which the king has at the
same time taken to administer justice and to maintain the law.
It is in virtue of this that he has been elected or recognised,
and it is these reciprocal oaths which constitute the contract.
The oath of the people is indeed "ipso facto" null and void if
the king does not on his part faithfully observe the obligations
which he has taken. Men do not undertake so great an
obedience except for reasonable causes, and it is not reason to
think that they are bound to obey one who refuses to recognise
the principles and conditions in virtue of which they promised
obedience.
regni gubernacula fides et reverentia
est adhibenda, sic certe, sic firma
ratione, si tyrannidem exercere
eruperint, absque omni fidei lesione
vel pietatis iactura nulla fidelitas est
vel reverentia impendenda. 'In
maximo enim imperio' ait hystericus,
'minima est licentia. '"
Cf. Id. xlvii. , p. 164, note.
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? CHAP. VI. ] CONSTITUTIONAL THEORY: SOCIAL CONTRACT. 169
It is no doubt true that the phrases of Manegold are related
to a period of great confusion and civil war, and if they stood
alone they would represent at the best an interesting and
important anticipation of later developments of political
principle or theory. But they do not stand alone, there is
indeed no other writer of the eleventh or twelfth centuries
who expresses the principle in exactly the same phrases, but
the principle expressed by his phrases is the normal principle
of the political theory of these centuries.
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? 170
CHAPTER VII.
THE CONCEPTION OF A UNIVERSAL EMPIRE.
We have endeavoured to set out the main aspects of the
theory of political authority in the eleventh and twelfth
centuries, and we have so far made no distinction between the
theory as it may have been related to the empire and the other
Western states. We do not indeed find any reason to think
there was any substantial distinction; on the contrary, the
principles of political- organisation appear to us to have been
substantially the same in all the European communities.
There is, however, one conception which has been thought to
have been important in the theory of the structure of mediseval
society with which we have not dealt, and this is the concep-
tion of the political unity of the world. It has been sometimes
thought that as the Middle Ages present us with a unified
ecclesiastical system under the headship of the Pope, so, at
least in principle, they represent a unified political system
under the headship of the emperor. There is, indeed, no
doubt that at least in the fourteenth century, when abstract
political theory was very highly developed, many writers, of
whom Dante was the most illustrious, were much occupied
with this conception, and it might well be supposed that this
represents the natural survival of the impression of the great
attempt of Charlemagne to gather together into one the divided
members of the ancient Eoman empire.
It is indeed clear that the conception of the one empire
embracing and including all lesser states, and claiming some
indeterminate superiority over them, was from the first fre-
quently held among the people of the empire which the Ottos
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? CHAP. VII. ] CONCEPTION OF A UNIVERSAL EMPIRE. 171
built up in the tenth century, and that they conceived of the
position of the Eoman emperor as being something different
from that of a German king. The expeditions to Italy repre-
sented the claim not merely to political authority in Italy, but
to the succession of Charles the Great and of the ancient
empire.
This is the conception which is represented in the Annals
of Quedlinburg.
They speak of the consecration and coronation
of Otto III. in 996 as being done with the acclamation not
only of the Eoman people, but of the people of almost all
Europe. 1 And they enlarge these phrases, and make them
even more emphatic in describing the position of Conrad II.
(the Salic). They speak of the chief men of all Europe and
the envoys of many peoples as hastening to his court,2 and of
the emperor as one to whom all parts of the world bow the
neck. 3
The author of the life of St Adalbert, writing probably
about the end of the tenth century, uses a phrase which serves
well to illustrate the conception of the emperor as supreme
lord of the world. He speaks of Eome as the head of the
world, and says that Eome alone can transform kings into
emperors. It is Eome that keeps the body of the Prince of
saints, and it is right therefore that the lord of the world
should be appointed by Eome. 4 Berno, the Abbot of Eeichenau,
in a letter to the Emperor Henry II. , addresses him as his lord,
the propagator of the Christian religion, Emperor and Augustus,
1 'Annales Quedlinburgenses, Con- talem, eximia celebrant gloria. "
tlnuatio,' 996: "Hic ergo sede intro- 3 Id. id. : "Et quid de victoriosissimi
nizatus apostolica, dominum Ottonem, imperatoris referam gratulatione? Cui
hue usque vocatum regem, non solum cuncta mundi clitnata colla subdendo
Romano, sed et pene totius Europse inserviunt, quique eo magis super
populo acclamante . . . imperatorem accumulata gloria merito gaudet, quo
consecravit Augustum. " se, Deo donante, altiorem ceteris,
2 Id. id. , 1024: "Emensa itaque praminentem laetatur universis. "
imperator quam coeperat via, cunctis, 4 Vita S. Adalberti, 21: "Roma
ut ita dicam, Europse primis ibidem autem cum caput mundi et urbium
confluentibus, diversarumque gentium domina sit et vocetur, sola reges
missaticis ad imperiale eius obsequium imperare facit; cumque principis
undique properantibus, sacrosanctum sanctorum corpus suo siuu refoveat,
dominical resurrectionis gaudium, toto merito principem terrarum ipsa con-
iam corridente mundo, prout decuit stituere debet. "
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? 172 POLITICAL THEORY : 11TH & 12TH CENTURIES, [part II.
the lord both of lands and sea, and gives thanks to God, who
has made his magnificence excel that of all kingdoms. 1 And
Wippo, in his panegyric on Henry III. , says: "Thou art the
head of the world, while thy head is the ruler of Olympus,
whose members thou dost rule with the just order of the law. "2
Such are some of the phrases used by the earlier writers as
expressive of the conception that in some sense the emperor
was lord not merely of the German and Italian kingdoms, but
of Europe and of the world. And the tradition was not lost,
but continued throughout the Middle Ages. Thus St Peter
Damian, in the second half of the eleventh century, in his
treatise on the disputed election of Alexander II. and
Cadalous of Parma, adjures the royal counsellors and the
ministers of the Apostolic See to labour together that the
"summum sacerdotium" and the Eoman empire may be united
in alliance with each other, and that the race of men which is
ruled by these two may not be divided. 3 And in a letter
addressed by him to Henry III. he speaks of all the kingdoms
1 Berno, Abbas Augise Divitis, Ep.
iii. : "Domino suo, Christianse reli-
gionis propagatori orthodoxo, Heinrico
imperatori Augusto, nec non terrarum
marisque domino. . . . lure immenso
cordis iubilo grates rerum omnium
persolvimus Domino, qui, in modum
excelsse pyramidis, vestrse dignitatis
magnificent iam universis superex-
cellere fecit regnis. "
2 Wippo, 'Panegyricus Heinrici
Regis' :--
"Tu caput es mundi, caput est tibi
rector Olympi,
Cuius membra regis iusto modera-
mine legis. "
* St Peter Damian, 'Disceptatio
Synodalis,' 'Clausula di<<tionis':
'' Amodo igitur, dilectissimi, illinc
regalis aulse consiliarii, hinc sedis apos-
tolicse comministri, utraque pars in hoc
uno studio conspiremus elaborantes,
ut summum sacerdotium et Roman-
um simul confoederatur imperium,
quatinus humanum genus, quod per
hos duos apices in utraque substantia
regitur, nullis--quod absit! --partibus,
quod pro Kadaloum nuper factum est,
rescindatur; sicque mundi vertices in
perpetuse karitatis unionem concur-
rant, ut inferiora membra per eorum
discordiam non resiliant; quatinus
sicut in uno mediatore Dei et hominum
hsec duo, regnum scilicet et sacer-
dotium, divino sunt conflata mysterio,
ita sublimes istse duse personam tanta
sibimet invicem uuanimitate iungantur,
ut quodam mutuse caritatis glutino et
rex in Romano pontifice et Romanus
pontifex inveniatur in rege, salvo
scilicet suo privilegio papse, quod nemo
prseter eum usurpare permittitur.
Ceterum et ipse delinquentes, cum
causa dictaverit, forensi lege coher-
ceat, et rex cum suis episcopis super
animarum statu, prolata sacrorum
canonum auctoritate, decernat. Ille
tanquam parens paterno semper iure
premineat, iste velut unicus ac sin-
gularis Alius in amoris illius amplexi-
? ? bus requiescat. "
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? CHAP. VII. ] CONCEPTION OP A UNIVERSAL EMPIRE. 173
of the world as being subject to his empire. 1 Again, we may
notice how, in a treatise ascribed to Cardinal Beno, in the last
years of the eleventh century, Hildebrand is vehemently cen-
sured for applying certain words of St Gregory the Great to
the emperor, as though there were no difference between him
and any "provincial" king. 2
It is thus that when the empire reached its highest point
under Frederick I. (Barbarossa), we find a frequent recurrence
of phrases indicating the notion that the Empire was superior to
all other States, and even in some sense supreme over them.
Thus Frederick uses of himself a phrase which might seem to
be a claim to universal authority. In the introduction to a
document of 1157 he styles himself " Frederick, by the grace of
God emperor and always Augustus," and says that he holds by
the Divine providence "Urbis et Orbis gubernacula. " 3 Again,
in a document relating to the enfeoffment of the Count of
Provence, he speaks of the dignity of the Boman empire as
having a more excellent glory and greatness than all other
kingdoms, authorities, or dignities, as it is adorned by the
greater number and merit of its illustrious princes and wise
men. 4
It is, however, in one of the documents relating to the Council
of Pavia (1159-1160) that the imperial claims are most forcibly
expressed. On the death of Hadrian IV. there had been a double
election to the papacy, and both Alexander III. and Victor
1 St Peter Damian, Epist. , Bk. vii. 1: "Fridericus divina favente dementia
"Et cum omnia regna terrarum, quse Romanorum imperatoraugustus. Cum
vestro subiicitur imperio, teste mundo, Romani imperii dignitas, sicut nulli
largissima vestrse pietatis abundantia mortalium in dubium venit, per se
repleat. " principaliter ac singulariter nullo nisi
2 M. G. H. , 'Libelli de Lite,' vol. divino innixa podio, totius honestatis
ii. , 'Benonis aliorumque cardinalium omniumque virtutum sit adornata ful-
Scripta,' iii. 9: "Vel si iubentis sunt goribus, tanto comparacione solis, quam
non recte divisisti, dum preceptum habet ad alia sydera, excellentiori
adversus provinciarum regem com- gloria et magnitudine omnia regna
positum csesari oposuisti, quasi nulla et reliquas potestates vel dignitates
sit differentia csesaris et cuiuslibet videtur prsecellere, quanto illustrium
provincialis regis. " principum ac sapientum virorum,
3 M. G. H. , Legum, Sect. IV. , Con- qui portant orbem, ampliori numero
stitutiones, vol. i. 161. et merito decoratur. "
4 Id. id. id. , vol. i. 216 (1162):
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? 174 POLITICAL THEORY : llTH & 12TH CENTURIES, [pakt II.
claimed to have been duly elected. Frederick maintained that
in such a circumstance the emperor had the responsibility of
taking the proper steps to prevent a schism, and he therefore
called together a council at Pavia to inquire into the matter and
to decide which of the two claimants had a just title. It is in
the letter of invitation to the German bishops that he uses the
strongest phrases about the position and dignity of the empire.
When Christ, he says, was content with the two swords, this
pointed to the Eoman Church and the Eoman Empire, for it is
by these two that the whole world is ordered in sacred and
human things. For as there is one God, one pope, one
emperor, there must be one Church. And thus it is the
Eoman emperor who must take measures to provide a remedy
for this great mischief. He has therefore called together an
assembly of the bishops of the empire, and of the other king-
doms, France, England, Spain, and Hungary, in order that they
should in his presence decide which of the claimants should
lawfully rule over the universal Church. 1
We are not here concerned with the question of the relation
between the secular and the ecclesiastical authorities which
was raised by this attempt to deal with the disputed succession
to the papacy, we deal with Frederick's letter here only as
illustrating his assertion of a special and unique position of the
1 M. G. H. , Legum, Sect. IV. , Con-
stitutiones, vol. i. 182, 'Encyclica In-
vitatoria ad Episcopos Teutonicos':
"Quod in passione sua Christus duobus
gladiis contentus fuit, hoc in Romana
secclesia et in imperio Romano credi-
mus mirabili providentia declarasse,
cum per hsec duo rerum capita et
principia totus mundus tam in divinis
quam in humanis ordinetur. Cumque
unus Deus, unus papa, unus imperator
sufficiat, et una secelesia Dei esse
debeat, quod sine dolore cordis dicere
non possumus, duos apostolicos in Ro-
mana secclesia habere videmur.
Ne itaque in tantse discrimine dis-
cordise universalis secclesia periclitari
possit, Romanum imperium quod ad
remedium tam perniciosi mali divina
dementia providit, universorum saluti
debet sollicite providere et, ne tanta
mala in secclesia Dei premineant futuris
casibus sollerter obviare. . . .
curiam sollempnem et generalem con-
ventual omnium secclesiasticorum
virorum in octava epiphanise Papise
celebrandam indiximus, ad quam am-
bos qui se dicunt Romanos pontifices
vocavimus omnesque episcopos imperii
nostri et aliorum regnorum, Francise
videlicet, Anglise, Hispanise atque
Ungarise, ut eorum in presentia nostra
iusto declaretur examine, quis illorum
regimen universalis secclesise de iure
debeat obtinere. "
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? CHAP. Vll. ] CONCEPTION OF A UNIVERSAL EMPIRE. 175
empire. If we were to take the encyclical letter to the German
bishops alone, we might well think that Frederick definitely
claimed that the empire stood above all other political
authorities. When, however, we take account of the other
documents relating to the Council of Pavia, we observe that his
tone is somewhat different. His letter to Henry II. of England
has been preserved, and it is noticeable that in this the more
pretentious phrases about the position of the empire are
omitted, and that he confines himself to the invitation to send
as many of his bishops and abbots as possible to the meeting at
Pavia, that they may assist in restoring the peace of the Church. 1
And in another of these documents, a letter addressed to the
Archbishop of Salzburg asking him to postpone his recognition
of either of the claimants to the papacy, he tells him that he
has entered into communication with the Kings of France and
England, and asked them also not to accept either of the
claimants unless he had been recognised by them all. 2
There is, however, a passage in a letter of Henry II. to
Frederick I. cited by Eahewin, which seems to recognise the
superior authority of the emperor in a very large sense; he
speaks of the emperor as having the right to command, and
assures him that he will not fail in obedience. 3 And Eoger
of Hoveden relates that Eichard I. of England being a prisoner
in Germany, and in order to procure his release from captivity,
handed over his kingdom of England to the Emperor Henry VI. ,
1 M. G. H. , Legum, Sect. IV. , Con-
stitutiones, vol. i. 183: "Set quia hoc
iam diu desiderabile votum nostrum
necessarie cure prepediunt, dilectionem
tuam modis quibus possumus exora-
tum esse cupimus, quatinus de vener-
abili collegio episcoporum regni tui et
abbatum aliorumque orthodoxorum,
quorum sapientia et religione Anglorum
pref ulget ecclesia, quotquot potes, nobis
transmittas et prsedicto sacro conventui
interesse facias, ut eorum ceterorumque
ecclesiasticorum virorum salubri dic-
tante consilio unitas Romanse secclesise,
eo mediante qui facit utraque uuum,
reformetur et status ecclesiarum nulla
deinceps dissensionum turbine collisus,
nostris temporibus incolumis in summa
tranquillitate possit permanere. "
2 Id. id. id. , vol. i. 181: "De oetero
noster predictus legatus hoc verbum
electionis de Romano pontifice in cordi-
bus eorum ita firmabit, ut ipsi una
nobiscum unum inde velint et sapiant,
nec in aliquam personam favorem suum
tam subito ponant, nisi quam nostrum
trium unicus laudaverit assensus. "
3 Rahewin, 'Gesta Friderici, Im-
peratoris,' III. 7: "Regnum nostrum
vobis exponimus. . . . Vobis imperandi
cedat auctoritas, nobis non deerit vol-
untas obsequendi. " Cf. Bryce, 'Holy
Roman Empire,' p. 186, note k.
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? 176 POLITICAL THEORY: 11TH & 12TH CENTURIES, [part H.
"as to the Lord of all," and that the emperor then invested him
with it on the terms of the payment of an annual tribute. 1 He
adds that the emperor released him from this on his deathbed,
but he also mentions that Eichard was summoned in virtue of
his oath and faith to be present at Cologne in 1197, as being a
chief member of the empire, to take part in the election of
Henry VI. 's successor, and that he sent envoys to represent
him. 2
It is difficult to say what credit is to be attached to this
story; if it is true, it has to be observed that Eichard was
acting under compulsion. But it is possible that there may be
some confusion about it, as Eichard was at the same time
invested, according to Hoveden, with the nominal kingdom of
Arles by Henry VI. There may be some confusion, and it is
possible that it was in this connection that he was summoned
to the election.
Such are some of the most important illustrations of the
survival in the eleventh and twelfth centuries of the conception
of the emperor not only as holding a position and authority
different from that of all other rulers, but as in some sense the
supreme lord of a united world, as representing the conception
of a political unity of the civilised world. It must be observed
that with the exception of the last passages, all of these phrases
represent the opinion or feelings of those who were emperors,
or members of the empire. When we turn to the consideration
of the question how far the sentiments of men in other western
countries corresponded with them, we find ourselves in a some-
what different atmosphere.
There has survived a very significant letter written in 988 by
1 Roger of Hoveden, 'Chronicle,' ed.
Bp. Stubbs, Rolls Series, vol. iii. p. 202,
A. D. 1093: "Ricardus rex Anglise incap-
tione Henrici Romanorum imperatoris
detentus, ut captionem illam evaderet,
consilio Alienor matris suse, deposuit
se de regno Anglise et tradidit illud
imperatori sicut universorum domino,
et investivit eum inde per pilleum
suum : sed imperater sicut prselocutum
fuit, statim reddidit ei, in conspectu
magnatum Alemannise et Anglise,
regnum Anglise prsedictum, tenendum
de ipso pro quinque millibus librarum
sterlingorum singulis annis de tributo
solvendis, et investivit eum inde im-
perator per duplicem crucem de auro.
Sed idem imperator in morte sua de
omnibus his et aliis conventionibus
quietum clamavit ipsum Ricardum
regem Anglioe et hseredes suos. "
2 Id.
