And for this volume we desire especially to record our great
obligations to the admirable work of Dr Eichard Scholz,
' Die Publizistik zur Zeit Philipps des Schonen und Bonifaz
VIII.
obligations to the admirable work of Dr Eichard Scholz,
' Die Publizistik zur Zeit Philipps des Schonen und Bonifaz
VIII.
Thomas Carlyle
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hathitrust.
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? THE UNIVERSITY OF N
GRADUATE LIBR/
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A history of mediaeval political theory in the West, by Sir R. W. Carlyle
and A. J. Carlyle.
Carlyle, R. W. Sir, (Robert Warrand), 1859-1934. Edinburgh, W. Blackwood, 1922-36.
http://hdl. handle. net/2027/uc1. b3318617
Public Domain in the United States, Google-digitized http://www. hathitrust. org/access_use#pd-us-google
We have determined this work to be in the public domain in the United States of America. It may not be in the public domain in other countries. Copies are provided as a preservation service. Particularly outside of the United States, persons receiving copies should make appropriate efforts to determine the copyright status of the work in their country and use the work accordingly. It is possible that current copyright holders, heirs or the estate of the authors of individual portions of the work, such as illustrations or photographs, assert copyrights over these portions. Depending on the nature of subsequent use that is made, additional rights may need to be obtained independently of anything we can address. The digital images and OCR of this work were produced by Google, Inc. (indicated by a watermark on each page in the PageTurner). Google requests that the images and OCR not be re-hosted, redistributed or used commercially. The images are provided for educational, scholarly, non-commercial purposes.
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? LIBRARY
UNiVtufc
CAL
SANTA
-Y OP
? HNIA
cnuz
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? A HISTOKY
OF
MEDIEVAL POLITICAL THEORY
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? A HISTORY
OF
MEDIEVAL POLITICAL THEORY
IN THE WEST
BT
E. W. CARLYLE, K. C. S. I. , CLE.
AND
A. J. CAELYLE, M. A, D. Litt.
LECTURER IK POLITICs (LATE FELLOW) OF UNIVERsITY
COLLEGE ; LECTURER IN POLITICS AND ECONOMICS
OP LINCOLN COLLEGE; FOREION MEMsER OP
THE ROYAL sOCIETY OF NAPLES
VOL. V.
THE POLITICAL THEORY OF THE
THIRTEENTH CENTURY
WILLIAM BLACKWOOD & SONS LTD.
EDINBURGH AND LONDON
MCMXXVIII
Printed in Ortat Britain
All Rights T iier ? td
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? VOL. V.
THE POLITICAL THEORY OF THE
THIRTEENTH CENTURY
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? PREFACE TO VOLUME V.
It is now a little more than thirty-five years since we began
this work, and this volume represents more or less what we
then thought to produce, but we had not gone very far before
we recognised that in order to understand the real character
of the political theory of the Middle Ages it was necessary
to go back for many centuries, especially to the Eoman
Jurists of the second century, and to the Christian Fathers,
and even to make some examination of the political concep-
tions of the post-Aristotelian philosophy, from which both
Jurists and Fathers derived some of their most important
principles. We have in previous volumes therefore en-
deavoured to set out something of the history of mediseval
political theory, and to give their due weight to the various
traditions out of which it arose, and by which it was influenced
in varying degrees. In this volume we have endeavoured to
set out the culmination of this long process of development in
the thirteenth century.
We hope to publish another volume dealing with the move-
ments of political thought from the fourteenth to the sixteenth
centuries--that is, during the period of the Eenaissance--and
to inquire what if any new conceptions of importance took
their rise during these centuries, and thus to see more clearly
how far modern political conceptions are continuous with
those of the Middle Ages.
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? viii
PREFACE.
The materials embodied in this volume have been already
in part put before the public, though not in a written form,
in the Lowell Lectures at Boston in 1922, and in the Birkbeck
Lectures in Ecclesiastical History delivered in Trinity College,
Cambridge, from 1925 to 1927 ; and one chapter (Part II. ,
Chapter V. ) has been published in his ' Eevue de l'histoire du
droit' by the kindness of Professor Fournier. We desire to
express our sincere thanks to him, as well as to Professor Le
Bras of Strassburg, who most kindly translated this'chapter
into French.
It would be impossible to enumerate all . the eminent jurists
and historians to whose critical and historical work we are
greatly indebted, but we should wish to express, as we did in
our first volume, our debt to the most learned of|Eng! ish
mediseval scholars, Mr E. W. Poole, whose ' Illustrations of
Mediseval Thought' gave us the first impulse to the work.
And for this volume we desire especially to record our great
obligations to the admirable work of Dr Eichard Scholz,
' Die Publizistik zur Zeit Philipps des Schonen und Bonifaz
VIII. ,' without which it would have been difficult tojdeal
with precision with the literature of that most important and
critical period.
E. W. CAELYLE.
A. J. CARLYLE.
This is the first volume to which I have been able to make
any direct contribution. When the work was first com-
menced I had hoped to have been able to take a direct part
at a much earlier date, but other work made this impossible.
March 1928.
R. W. CAELYLE.
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? COiNTENTS OF THE FIFTH VOLUME.
PAET I.
POLITICAL PRINCIPLES.
CHAPTER I.
INTRODUCTION.
CHAPTER II.
CONVENTION AND NATURE.
The formal distinction between the political theory of Aristotle and
Plato and that of the Middle Ages, 4--belongs to Stoics, Roman
jurisprudence and Christian Fathers, 6--illustrations of the
continuance of this in thirteenth century, 8--recovery of Aris-
totelian mode of thought by St Thomas Aquinas, 9--his theory
of government as natural, 10--reproduced by Egidius Colonna,
13--post-Aristotelian theory of property in Alexander of Hales
and Innocent IV. , 14--St Thomas' theory of property, 17--
theory of slavery of Innocent IV. and Hostiensis, 21--St
Thomas' theory of slavery, 21.
CHAPTER III.
THE DIVINE NATURE AND MORAi FUNCTION OF THE STATE.
Institutions of human society the results of sin, but also divinely
appointed remedies for sin, 25--Vincent of Beauvais, 26--
Ptolemy of Lucca, 27--Egidius Colonna, 28--anonymous sup-
porter of Boniface VHI. , 28--John of Viterbo, 29--Jordan of
Osnabriick, 30--Andrew of Isernia, 30--John of Paris, 31--
St Thomas Aquinas, 31--the State legitimate even among
unbelievers, Innocent IV. and St Thomas Aquinas, 33.
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? X
CONTENTS.
CHAPTER IV.
THE NATURE OF LAW.
The law the supreme authority in the State, 36--systematic treat-
ment of law by St Thomas Aquinas, 37--law as expression of
reason, 37--the eternal law, 38--the natural law, 38--distinc-
tion between natural and positive law, 39--the divine law,
40--human law, 41--law as expression of justice, 41.
CHAPTER V.
THE SOURCE OF THE LAW OF THE STATE 1.
Custom as the source of law, 45--St Thomas Aquinas, 46--Vincent
of Beauvais, 48--Albert the Great, 48--Hostiensis, 48--?
Odofridus, 48--Bracton and Beaumanoir, 49--appearance and
development of conception of law as expressing the will of
some legislative authority, 51--Bracton, legislative authority
belongs to the whole community, 51--this conception repre-
sented by constitutional forms of Empire, 52--of France, 53
--of England, 65--custom and law in Spain, 56--constitutional
forms in Spain, 60.
CHAPTER VI.
THE SOURCE OF THE LAW OF THE STATE II.
Appearance of conception of the prince as the source of law, 64
--Boncompagni and John of Viterbo, 65--Odofridus, Roman
people have conferred upon him legislative authority, but still
retain it themselves, 66--same view in Andrew of Isernia, 67
--St Thomas Aquinas, law ordained by prince, who bears the
person of the people, or by the people itself, 67--prefers con-
stitution where the law is made by " majores natu simul cum
plebibus," 69--Egidius Colonna and Ptolemy of Lucca, 70--
regimen politicum " and " dominium regale," Ptolemy ex-
presses no preference, 72--Egidius Colonna prefers the " regimen
regale " where prince rules according to his own will and law
which he has made himself, 74--this view quite abnormal in
Middle Ages, 75--'Disputatio inter Clericum et Militem,' 78--
John of Paris prefers " principatus civilis et politicus," 79--
summary of principles of thirteenth century, 80.
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? CONTENTS.
xi
CHAPTER VII.
THE SOUBCE, NATURE, AND LIMITATIONS OF THE AUTHORITY
OF THE RULER.
Election and hereditary principle, 86--limitation of authority of
prince, 90--St Thomas Aquinas, 90--the tyrant, 92--prefers
constitutional State, 93--if prince becomes tyrant he should
be deposed by people, 95--civilians held that prince is " legibus
solutus," but should acknowledge that he is bound by the
laws, 97--Alfonso X. , king should obey the laws, 98--feudalism
a system of mutual obligation of lord and vassal--limitation of
rights of prince over property of subjects, taxation, 101--
civilians, John of Paris, Alfonso X. , Magna Carta, 102--enforce-
ment of limitations on prince, Bracton, Vincent of Beauvais,
Andrew of Isernia, Magna Carta, 104--judgment in cases between
prince and subjects, 106.
CHAPTER VHI.
METHODS AND EXPERIMENTS IN THE CONTROL OF THE RULER.
Renunciation of allegiance, 112--deposition of the prince, 116--
experiments in control of the king's ministers, 119--provisions
of Oxford, 122--parallels in Spain, 125.
CHAPTER IX.
THE DEVELOPMENT OF THE REPRESENTATIVE SYSTEM.
The representative system as the natural and logical outcome of the
political principles and conditions of the Middle Ages, 128--its
development in England, 129--King John and Henry III. , 130
--Simon de Montfort, 131--Edward I. , 132--in Spain earlier
than England, 134--in Empire, 136--in Sicily, 138--in France,
139.
CHAPTER X.
THE THEORY OF THE EMPIRE.
Emperor as lord of the world, Odofridus, 141--Boncompagni, 141--
Frederick II. , 142--Hostiensis, 142--King of France recog-
nises no superior in temporal things, Innocent III. and IV. ,
143--William Durandus, 143--anonymous tract against Philip
the Fair doubtful, 144r--Andrew of Isernia, 144--Jordan of
Osnabriick, 145--"Disputatio inter clericum et laicum," 146--
John of Paris, 147--Alfonso X. of Castile and Leon, 148--
theory of universal empire survives, but has no real signifi-
cance, 148.
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? xii
CONTENTS.
PAET n.
THE THEORIES OF THE RELATION OF THE TEMPORAL
AND SPIRITUAL POWERS.
CHAPTER I.
INNOCENT III. GENERAL POSITION.
General statement of his claims, 152--superiority of spiritual power,
but does not claim supreme temporal power, 157--power of
appointing and deposing kings, 159--intervention in conflicts
between different rulers, England and France, and in Italy, 165
--protection of the oppressed, 171--confirmation of agreements,
173--the Albigensian Crusade, 175--direct temporal power in
Italy, 182--feudal authority, Sicily, England, 183.
CHAPTER H.
INNOCENT III. AND THE EMPIRE.
Importance of Sicilian question, 187--papacy and elections to empire,
188--conditions when Henry VI. died, 193--elections of Philip
of Suabia and Otto IV. , 197--Innocent HL's attitude, 201--
his ' Deliberation 208--recognises Otto IV. , 211--bull " Venera-
bilem," 215--negotiations with Philip, 221--Philip's death,
Innocent supports Otto, 222--breach with Otto, 225--recog-
nition of Frederick II. , 230.
CHAPTER HI.
FREDERICK n. , HONORIUS III. , AND GREGORY IX.
Disputes about Italian territories of papacy, and ecclesiastical ques-
tions in Sicily, 236--Sicily and the empire, 237--Lombardy,
240--accession of Gregory IX. , 244--Frederick's departure for
crusade, return, and excommunication by Gregory IX. , 244--
Frederick's departure on crusade and cession of Jerusalem by
Saracens, 250--Gregory releases Frederick's subjects from oath
of allegiance, 253---reconciliation of Gregory and Frederick,
peace of Ceperano, 254--renewed conflict mainly on Lombard
question, 255--continuation of disputes about Lombardy,
second excommunication by Gregory IX. , 268--causes of the
rupture, 282---Frederick's and Gregory's encyclicals, 285--
Gregory summons a general council, his death, 291.
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? CONTENTS.
xiii
CHAPTER IV.
FREDERICK II. AND INNOCENT IV.
Negotiations, their failure, 243--council of Lyons and deposition
of Frederick II. by Innocent IV. , 300--Frederick's encyclicals,
302--Innocent's reply, 304--attempts at mediation, 308--
election of Henry of Raspe, as emperor, 311--and of William
of Holland, 312--events till death of Frederick, 312--summary
of contest between papacy and empire, 314.
CHAPTER V.
THE DEVELOPMENT OF THE THEORY OF THE TEMPORAL AUTHORITY
OF THE PAPACY IN THE CANONISTS OF THE LATER THIRTEENTH
Innocent III. and Innocent IV. , 318--Innocent IV. : Christ the
natural lord of the world, left all Hfe authority to Peter and
his successors, 319--Pope has supreme temporal authority, 319
--empire received from him, 321--his authority extends even over
Jews and infidels, 323--Hostiensis: the two jurisdictions are
distinct, but emperor is " officialis " or Vicar of Pope, 325--
there is only one head, 326--temporal power derived from God,
but through the spiritual, 332--Godfrey of Trano, 332--Roffred
of Beneventum, 333--Bonaguida of Arezzo, 334--William
Durandus, 335.
CHAPTER VI.
THE THEORY OF THE TEMPORAL POWER OF THE PAPACY IN VINCENT
OF BEAUVAIS, PTOLEMY OF LUOCA, AND 8T THOMAS AQUINAS.
Vincent of Beauvais, 339--Ptolemy of Lucca, the divine origin and
moral function of the State, 342--all temporal as well as
spiritual power belongs to Pope, 344--Donation of Constantino
merely recognises this, 346---St Thomas Aquinas, nature of
spiritual authority and relation to temporal, 348--Church has
power to excommunicate and depose secular ruler for apostacy,
350-- ecclesiastical power has no general authority over secular,
351-- except the Pope, 351--discussion of these positions, 352.
i
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? CONTENTS.
CHAPTER VII.
THE THEORY OF THE TEMPORAL POWER OF THE PAPACY IN THE
JURISTS AND THE CONSTITUTIONAL DOCUMENTS OF THE THIR-
TEENTH CENTURY.
Odofridus, 355--Martin of Fano, 357--John of Viterbo, 357--
Andrew of Isernia, 359--Assizes of Jerusalem, 359--Alfonso X. ,
360--' Etablissements de Saint Louis,' 361--Beaumanoir, 361--
Bracton, 363--Empire, 363.
CHAPTER VIII.
BONIFACE VD. I. AND PHILIP THE FAIR.
Attempts of Boniface to impose his mediation on Italian cities,
374--on France and England, 375--" Clericis Laicos," its
terms, 376--opposition in France and England, 377--' Dis-
putatio. inter clericum et militem,' 379--anonymous tract, 382
--"Salvator Mundi," &c, 383--"Asculta Fili," its terms, 385
--violent resistance in France, spurious bull, meeting of States
General, 387--replies of cardinals and Boniface VIII. , 389--
" Unam Sanctam," its terms, 391--what was the position of
Boniface VIII. , 393.
CHAPTER IX.
BONIFACE Vm. AND PHILIP THE FAIR. " CONTROVERSIAL
LITERATURE, I. "
Anonymous tract in defence of Boniface VTIL, 394--Henry of
Cremona, 398--Egidius Colonna, ' De Ecclesiastica Potestate,'
402--James of Viterbo, ' De Regimine Christiano,' 409--
Augustinus Triumphus, ' Tractatus brevis,' 417.
CHAPTER X.
BONIFACE VIII. AND PHILIP THE FAIR. " CONTROVERSIAL
LITERATURE, II. "
' Quaestio in Utramque Partem,' 420--' Quffistio de Potestate Papse,'
421--John of Paris, ' Tractatus de Potestate Regia et Papali,'
general positions, 422--discussion of arguments for Temporal
Power of Pope, 426--treatment of Donation of Constantine,
432--discussion of ecclesiastical position of Pope, 434--summary
of conflict of Temporal and Spiritual Powers, 437.
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? CONTENTS.
XV
PAET in.
THE PRINCIPAL ELEMENTS IN THE POLITICAL THEORY OF
THE MIDDLE AGES.
CHAPTER I.
THE INHERITANCE FROM THE ANCIENT WORLD.
Nature and convention, 441--individual personality and its relation
to society, 443--natural equality and freedom, 446--political
freedom, 447--maintenance of justice as the main function of
the State, 449--relations of Temporal and Spiritual Powers, 451.
CHAPTER II.
THE CHIEF PRINCIPLES OF THE POLITICAL THEORY OF THE
MIDDLE AGES.
The supremacy of law, 457--law as the expression of justice, 459--
source of law, custom, the community, 461--the civilians and
the conception of the legislative authority of the prince, 465--
source of the authority of the prince, 468--the prince subject
to law, and may be deposed, 469^--the theory of contract, 471--
conception of a limited and constitutional government, the
representative system, 472.
Appendix I. --Note on a passage in St Thomas, 475.
Appendix II. --This has been withdrawn.
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? THE UNIVERSITY OF N
GRADUATE LIBR/
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A history of mediaeval political theory in the West, by Sir R. W. Carlyle
and A. J. Carlyle.
Carlyle, R. W. Sir, (Robert Warrand), 1859-1934. Edinburgh, W. Blackwood, 1922-36.
http://hdl. handle. net/2027/uc1. b3318617
Public Domain in the United States, Google-digitized http://www. hathitrust. org/access_use#pd-us-google
We have determined this work to be in the public domain in the United States of America. It may not be in the public domain in other countries. Copies are provided as a preservation service. Particularly outside of the United States, persons receiving copies should make appropriate efforts to determine the copyright status of the work in their country and use the work accordingly. It is possible that current copyright holders, heirs or the estate of the authors of individual portions of the work, such as illustrations or photographs, assert copyrights over these portions. Depending on the nature of subsequent use that is made, additional rights may need to be obtained independently of anything we can address. The digital images and OCR of this work were produced by Google, Inc. (indicated by a watermark on each page in the PageTurner). Google requests that the images and OCR not be re-hosted, redistributed or used commercially. The images are provided for educational, scholarly, non-commercial purposes.
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? LIBRARY
UNiVtufc
CAL
SANTA
-Y OP
? HNIA
cnuz
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? j * - - * ^ ^ , 1>> w . v R i? zi
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? A HISTOKY
OF
MEDIEVAL POLITICAL THEORY
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? A HISTORY
OF
MEDIEVAL POLITICAL THEORY
IN THE WEST
BT
E. W. CARLYLE, K. C. S. I. , CLE.
AND
A. J. CAELYLE, M. A, D. Litt.
LECTURER IK POLITICs (LATE FELLOW) OF UNIVERsITY
COLLEGE ; LECTURER IN POLITICS AND ECONOMICS
OP LINCOLN COLLEGE; FOREION MEMsER OP
THE ROYAL sOCIETY OF NAPLES
VOL. V.
THE POLITICAL THEORY OF THE
THIRTEENTH CENTURY
WILLIAM BLACKWOOD & SONS LTD.
EDINBURGH AND LONDON
MCMXXVIII
Printed in Ortat Britain
All Rights T iier ? td
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? VOL. V.
THE POLITICAL THEORY OF THE
THIRTEENTH CENTURY
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? PREFACE TO VOLUME V.
It is now a little more than thirty-five years since we began
this work, and this volume represents more or less what we
then thought to produce, but we had not gone very far before
we recognised that in order to understand the real character
of the political theory of the Middle Ages it was necessary
to go back for many centuries, especially to the Eoman
Jurists of the second century, and to the Christian Fathers,
and even to make some examination of the political concep-
tions of the post-Aristotelian philosophy, from which both
Jurists and Fathers derived some of their most important
principles. We have in previous volumes therefore en-
deavoured to set out something of the history of mediseval
political theory, and to give their due weight to the various
traditions out of which it arose, and by which it was influenced
in varying degrees. In this volume we have endeavoured to
set out the culmination of this long process of development in
the thirteenth century.
We hope to publish another volume dealing with the move-
ments of political thought from the fourteenth to the sixteenth
centuries--that is, during the period of the Eenaissance--and
to inquire what if any new conceptions of importance took
their rise during these centuries, and thus to see more clearly
how far modern political conceptions are continuous with
those of the Middle Ages.
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? viii
PREFACE.
The materials embodied in this volume have been already
in part put before the public, though not in a written form,
in the Lowell Lectures at Boston in 1922, and in the Birkbeck
Lectures in Ecclesiastical History delivered in Trinity College,
Cambridge, from 1925 to 1927 ; and one chapter (Part II. ,
Chapter V. ) has been published in his ' Eevue de l'histoire du
droit' by the kindness of Professor Fournier. We desire to
express our sincere thanks to him, as well as to Professor Le
Bras of Strassburg, who most kindly translated this'chapter
into French.
It would be impossible to enumerate all . the eminent jurists
and historians to whose critical and historical work we are
greatly indebted, but we should wish to express, as we did in
our first volume, our debt to the most learned of|Eng! ish
mediseval scholars, Mr E. W. Poole, whose ' Illustrations of
Mediseval Thought' gave us the first impulse to the work.
And for this volume we desire especially to record our great
obligations to the admirable work of Dr Eichard Scholz,
' Die Publizistik zur Zeit Philipps des Schonen und Bonifaz
VIII. ,' without which it would have been difficult tojdeal
with precision with the literature of that most important and
critical period.
E. W. CAELYLE.
A. J. CARLYLE.
This is the first volume to which I have been able to make
any direct contribution. When the work was first com-
menced I had hoped to have been able to take a direct part
at a much earlier date, but other work made this impossible.
March 1928.
R. W. CAELYLE.
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? COiNTENTS OF THE FIFTH VOLUME.
PAET I.
POLITICAL PRINCIPLES.
CHAPTER I.
INTRODUCTION.
CHAPTER II.
CONVENTION AND NATURE.
The formal distinction between the political theory of Aristotle and
Plato and that of the Middle Ages, 4--belongs to Stoics, Roman
jurisprudence and Christian Fathers, 6--illustrations of the
continuance of this in thirteenth century, 8--recovery of Aris-
totelian mode of thought by St Thomas Aquinas, 9--his theory
of government as natural, 10--reproduced by Egidius Colonna,
13--post-Aristotelian theory of property in Alexander of Hales
and Innocent IV. , 14--St Thomas' theory of property, 17--
theory of slavery of Innocent IV. and Hostiensis, 21--St
Thomas' theory of slavery, 21.
CHAPTER III.
THE DIVINE NATURE AND MORAi FUNCTION OF THE STATE.
Institutions of human society the results of sin, but also divinely
appointed remedies for sin, 25--Vincent of Beauvais, 26--
Ptolemy of Lucca, 27--Egidius Colonna, 28--anonymous sup-
porter of Boniface VHI. , 28--John of Viterbo, 29--Jordan of
Osnabriick, 30--Andrew of Isernia, 30--John of Paris, 31--
St Thomas Aquinas, 31--the State legitimate even among
unbelievers, Innocent IV. and St Thomas Aquinas, 33.
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? X
CONTENTS.
CHAPTER IV.
THE NATURE OF LAW.
The law the supreme authority in the State, 36--systematic treat-
ment of law by St Thomas Aquinas, 37--law as expression of
reason, 37--the eternal law, 38--the natural law, 38--distinc-
tion between natural and positive law, 39--the divine law,
40--human law, 41--law as expression of justice, 41.
CHAPTER V.
THE SOURCE OF THE LAW OF THE STATE 1.
Custom as the source of law, 45--St Thomas Aquinas, 46--Vincent
of Beauvais, 48--Albert the Great, 48--Hostiensis, 48--?
Odofridus, 48--Bracton and Beaumanoir, 49--appearance and
development of conception of law as expressing the will of
some legislative authority, 51--Bracton, legislative authority
belongs to the whole community, 51--this conception repre-
sented by constitutional forms of Empire, 52--of France, 53
--of England, 65--custom and law in Spain, 56--constitutional
forms in Spain, 60.
CHAPTER VI.
THE SOURCE OF THE LAW OF THE STATE II.
Appearance of conception of the prince as the source of law, 64
--Boncompagni and John of Viterbo, 65--Odofridus, Roman
people have conferred upon him legislative authority, but still
retain it themselves, 66--same view in Andrew of Isernia, 67
--St Thomas Aquinas, law ordained by prince, who bears the
person of the people, or by the people itself, 67--prefers con-
stitution where the law is made by " majores natu simul cum
plebibus," 69--Egidius Colonna and Ptolemy of Lucca, 70--
regimen politicum " and " dominium regale," Ptolemy ex-
presses no preference, 72--Egidius Colonna prefers the " regimen
regale " where prince rules according to his own will and law
which he has made himself, 74--this view quite abnormal in
Middle Ages, 75--'Disputatio inter Clericum et Militem,' 78--
John of Paris prefers " principatus civilis et politicus," 79--
summary of principles of thirteenth century, 80.
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? CONTENTS.
xi
CHAPTER VII.
THE SOUBCE, NATURE, AND LIMITATIONS OF THE AUTHORITY
OF THE RULER.
Election and hereditary principle, 86--limitation of authority of
prince, 90--St Thomas Aquinas, 90--the tyrant, 92--prefers
constitutional State, 93--if prince becomes tyrant he should
be deposed by people, 95--civilians held that prince is " legibus
solutus," but should acknowledge that he is bound by the
laws, 97--Alfonso X. , king should obey the laws, 98--feudalism
a system of mutual obligation of lord and vassal--limitation of
rights of prince over property of subjects, taxation, 101--
civilians, John of Paris, Alfonso X. , Magna Carta, 102--enforce-
ment of limitations on prince, Bracton, Vincent of Beauvais,
Andrew of Isernia, Magna Carta, 104--judgment in cases between
prince and subjects, 106.
CHAPTER VHI.
METHODS AND EXPERIMENTS IN THE CONTROL OF THE RULER.
Renunciation of allegiance, 112--deposition of the prince, 116--
experiments in control of the king's ministers, 119--provisions
of Oxford, 122--parallels in Spain, 125.
CHAPTER IX.
THE DEVELOPMENT OF THE REPRESENTATIVE SYSTEM.
The representative system as the natural and logical outcome of the
political principles and conditions of the Middle Ages, 128--its
development in England, 129--King John and Henry III. , 130
--Simon de Montfort, 131--Edward I. , 132--in Spain earlier
than England, 134--in Empire, 136--in Sicily, 138--in France,
139.
CHAPTER X.
THE THEORY OF THE EMPIRE.
Emperor as lord of the world, Odofridus, 141--Boncompagni, 141--
Frederick II. , 142--Hostiensis, 142--King of France recog-
nises no superior in temporal things, Innocent III. and IV. ,
143--William Durandus, 143--anonymous tract against Philip
the Fair doubtful, 144r--Andrew of Isernia, 144--Jordan of
Osnabriick, 145--"Disputatio inter clericum et laicum," 146--
John of Paris, 147--Alfonso X. of Castile and Leon, 148--
theory of universal empire survives, but has no real signifi-
cance, 148.
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? xii
CONTENTS.
PAET n.
THE THEORIES OF THE RELATION OF THE TEMPORAL
AND SPIRITUAL POWERS.
CHAPTER I.
INNOCENT III. GENERAL POSITION.
General statement of his claims, 152--superiority of spiritual power,
but does not claim supreme temporal power, 157--power of
appointing and deposing kings, 159--intervention in conflicts
between different rulers, England and France, and in Italy, 165
--protection of the oppressed, 171--confirmation of agreements,
173--the Albigensian Crusade, 175--direct temporal power in
Italy, 182--feudal authority, Sicily, England, 183.
CHAPTER H.
INNOCENT III. AND THE EMPIRE.
Importance of Sicilian question, 187--papacy and elections to empire,
188--conditions when Henry VI. died, 193--elections of Philip
of Suabia and Otto IV. , 197--Innocent HL's attitude, 201--
his ' Deliberation 208--recognises Otto IV. , 211--bull " Venera-
bilem," 215--negotiations with Philip, 221--Philip's death,
Innocent supports Otto, 222--breach with Otto, 225--recog-
nition of Frederick II. , 230.
CHAPTER HI.
FREDERICK n. , HONORIUS III. , AND GREGORY IX.
Disputes about Italian territories of papacy, and ecclesiastical ques-
tions in Sicily, 236--Sicily and the empire, 237--Lombardy,
240--accession of Gregory IX. , 244--Frederick's departure for
crusade, return, and excommunication by Gregory IX. , 244--
Frederick's departure on crusade and cession of Jerusalem by
Saracens, 250--Gregory releases Frederick's subjects from oath
of allegiance, 253---reconciliation of Gregory and Frederick,
peace of Ceperano, 254--renewed conflict mainly on Lombard
question, 255--continuation of disputes about Lombardy,
second excommunication by Gregory IX. , 268--causes of the
rupture, 282---Frederick's and Gregory's encyclicals, 285--
Gregory summons a general council, his death, 291.
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? CONTENTS.
xiii
CHAPTER IV.
FREDERICK II. AND INNOCENT IV.
Negotiations, their failure, 243--council of Lyons and deposition
of Frederick II. by Innocent IV. , 300--Frederick's encyclicals,
302--Innocent's reply, 304--attempts at mediation, 308--
election of Henry of Raspe, as emperor, 311--and of William
of Holland, 312--events till death of Frederick, 312--summary
of contest between papacy and empire, 314.
CHAPTER V.
THE DEVELOPMENT OF THE THEORY OF THE TEMPORAL AUTHORITY
OF THE PAPACY IN THE CANONISTS OF THE LATER THIRTEENTH
Innocent III. and Innocent IV. , 318--Innocent IV. : Christ the
natural lord of the world, left all Hfe authority to Peter and
his successors, 319--Pope has supreme temporal authority, 319
--empire received from him, 321--his authority extends even over
Jews and infidels, 323--Hostiensis: the two jurisdictions are
distinct, but emperor is " officialis " or Vicar of Pope, 325--
there is only one head, 326--temporal power derived from God,
but through the spiritual, 332--Godfrey of Trano, 332--Roffred
of Beneventum, 333--Bonaguida of Arezzo, 334--William
Durandus, 335.
CHAPTER VI.
THE THEORY OF THE TEMPORAL POWER OF THE PAPACY IN VINCENT
OF BEAUVAIS, PTOLEMY OF LUOCA, AND 8T THOMAS AQUINAS.
Vincent of Beauvais, 339--Ptolemy of Lucca, the divine origin and
moral function of the State, 342--all temporal as well as
spiritual power belongs to Pope, 344--Donation of Constantino
merely recognises this, 346---St Thomas Aquinas, nature of
spiritual authority and relation to temporal, 348--Church has
power to excommunicate and depose secular ruler for apostacy,
350-- ecclesiastical power has no general authority over secular,
351-- except the Pope, 351--discussion of these positions, 352.
i
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? CONTENTS.
CHAPTER VII.
THE THEORY OF THE TEMPORAL POWER OF THE PAPACY IN THE
JURISTS AND THE CONSTITUTIONAL DOCUMENTS OF THE THIR-
TEENTH CENTURY.
Odofridus, 355--Martin of Fano, 357--John of Viterbo, 357--
Andrew of Isernia, 359--Assizes of Jerusalem, 359--Alfonso X. ,
360--' Etablissements de Saint Louis,' 361--Beaumanoir, 361--
Bracton, 363--Empire, 363.
CHAPTER VIII.
BONIFACE VD. I. AND PHILIP THE FAIR.
Attempts of Boniface to impose his mediation on Italian cities,
374--on France and England, 375--" Clericis Laicos," its
terms, 376--opposition in France and England, 377--' Dis-
putatio. inter clericum et militem,' 379--anonymous tract, 382
--"Salvator Mundi," &c, 383--"Asculta Fili," its terms, 385
--violent resistance in France, spurious bull, meeting of States
General, 387--replies of cardinals and Boniface VIII. , 389--
" Unam Sanctam," its terms, 391--what was the position of
Boniface VIII. , 393.
CHAPTER IX.
BONIFACE Vm. AND PHILIP THE FAIR. " CONTROVERSIAL
LITERATURE, I. "
Anonymous tract in defence of Boniface VTIL, 394--Henry of
Cremona, 398--Egidius Colonna, ' De Ecclesiastica Potestate,'
402--James of Viterbo, ' De Regimine Christiano,' 409--
Augustinus Triumphus, ' Tractatus brevis,' 417.
CHAPTER X.
BONIFACE VIII. AND PHILIP THE FAIR. " CONTROVERSIAL
LITERATURE, II. "
' Quaestio in Utramque Partem,' 420--' Quffistio de Potestate Papse,'
421--John of Paris, ' Tractatus de Potestate Regia et Papali,'
general positions, 422--discussion of arguments for Temporal
Power of Pope, 426--treatment of Donation of Constantine,
432--discussion of ecclesiastical position of Pope, 434--summary
of conflict of Temporal and Spiritual Powers, 437.
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? CONTENTS.
XV
PAET in.
THE PRINCIPAL ELEMENTS IN THE POLITICAL THEORY OF
THE MIDDLE AGES.
CHAPTER I.
THE INHERITANCE FROM THE ANCIENT WORLD.
Nature and convention, 441--individual personality and its relation
to society, 443--natural equality and freedom, 446--political
freedom, 447--maintenance of justice as the main function of
the State, 449--relations of Temporal and Spiritual Powers, 451.
CHAPTER II.
THE CHIEF PRINCIPLES OF THE POLITICAL THEORY OF THE
MIDDLE AGES.
The supremacy of law, 457--law as the expression of justice, 459--
source of law, custom, the community, 461--the civilians and
the conception of the legislative authority of the prince, 465--
source of the authority of the prince, 468--the prince subject
to law, and may be deposed, 469^--the theory of contract, 471--
conception of a limited and constitutional government, the
representative system, 472.
Appendix I. --Note on a passage in St Thomas, 475.
Appendix II. --This has been withdrawn.
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