The Holy Roman Empire. Viscount James Bryce

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to pursue undisturbed the spiritual life, and thereby attain the same supreme and common end of everlasting happiness. In the view of this object his chief duty is to maintain peace in the world, while towards the Church his position is that of Advocate, a title borrowed from the practice adopted by churches and monasteries of choosing some powerful baron to protect their lands and lead their tenants in war118. The functions of Advocacy are twofold: at home to make the Christian people obedient to the priesthood, and to execute their decrees upon heretics and sinners; abroad to propagate the faith among the heathen, not sparing to use carnal weapons119.

      Correspondence and harmony of the spiritual and temporal powers.

      Thus does the Emperor answer in every point to his antitype the Pope, his power being yet of a lower rank, created on the analogy of the papal, as the papal itself had been modelled after the elder Empire. The parallel holds good even in its details; for just as we have seen the churchman assuming the crown and robes of the secular prince, so now did he array the Emperor in his own ecclesiastical vestments, the stole and the dalmatic, gave him a clerical as well as a sacred character, removed his office from all narrowing associations of birth or country, inaugurated him by rites every one of which was meant to symbolize and enjoin duties in their essence religious. Thus the Holy Roman Church and the Holy Roman Empire are one and the same thing, in two aspects; and Catholicism, the principle of the universal Christian society, is also Romanism; that is, rests upon Rome as the origin and type of its universality; manifesting itself in a mystic dualism which corresponds to the two natures of its Founder. As divine and eternal, its head is the Pope, to whom souls have been entrusted; as human and temporal, the Emperor, commissioned to rule men's bodies and acts.

      In nature and compass the government of these two potentates is the same, differing only in the sphere of its working; and it matters not whether we call the Pope a spiritual Emperor or the Emperor a secular Pope. Nor, though the one office is below the other as far as man's life on earth is less precious than his life hereafter, is therefore, on the older and truer theory, the imperial authority delegated by the papal. For, as has been said already, God is represented by the Pope not in every capacity, but only as the ruler of spirits in heaven: as sovereign of earth, He issues His commission directly to the Emperor. Opposition between two servants of the same King is inconceivable, each being bound to aid and foster the other: the co-operation of both being needed in all that concerns the welfare of Christendom at large. This is the one perfect and self-consistent scheme of the union of Church and State; for, taking the absolute coincidence of their limits to be self-evident, it assumes the infallibility of their joint government, and derives, as a corollary from that infallibility, the duty of the civil magistrate to root out heresy and schism no less than to punish treason and rebellion.

      Union of Church and State.

      It is also the scheme which, granting the possibility of their harmonious action, places the two powers in that relation which gives each of them its maximum of strength. But by a law to which it would be hard to find exceptions, in proportion as the State became more Christian, the Church, who to work out her purposes had assumed worldly forms, became by the contact worldlier, meaner, spiritually weaker; and the system which Constantine founded amid such rejoicings, which culminated so triumphantly in the Empire Church of the Middle Ages, has in each succeeding generation been slowly losing ground, has seen its brightness dimmed and its completeness marred, and sees now those who are most zealous on behalf of its surviving institutions feebly defend or silently desert the principle upon which all must rest.

      The complete accord of the papal and imperial powers which this theory, as sublime as it is impracticable, requires, was attained only at a few points in their history120. It was finally supplanted by another view of their relation, which, professing to be a development of a principle recognized as fundamental, the superior importance of the religious life, found increasing favour in the eyes of fervent churchmen121. Declaring the Pope sole representative on earth of the Deity, it concluded that from him, and not directly from God, must the Empire be held – held feudally, it was said by many – and it thereby thrust down the temporal power, to be the slave instead of the sister of the spiritual122. Nevertheless, the Papacy in her meridian, and under the guidance of her greatest minds, of Hildebrand, of Alexander, of Innocent, not seeking to abolish or absorb the civil government, required only its obedience, and exalted its dignity against all save herself123. It was reserved for Boniface VIII, whose extravagant pretensions betrayed the decay that was already at work within, to show himself to the crowding pilgrims at the jubilee of A.D. 1300, seated on the throne of Constantine, arrayed with sword, and crown, and sceptre, shouting aloud, 'I am Cæsar – I am Emperor124.'

      Proofs from mediæval documents.

      The theory of an Emperor's place and functions thus sketched cannot be definitely assigned to any point of time; for it was growing and changing from the fifth century to the fifteenth. Nor need it surprise us that we do not find in any one author a statement of the grounds whereon it rested, since much of what seems strangest to us was then too obvious to be formally explained. No one, however, who examines mediæval writings can fail to perceive, sometimes from direct words, oftener from allusions or assumptions, that such ideas as these are present to the minds of the authors125. That which it is easiest to prove is the connection of the Empire with religion. From every record, from chronicles and treatises, proclamations, laws, and sermons, passages may be adduced wherein the defence and spread of the faith, and the maintenance of concord among the Christian people, are represented as the function to which the Empire has been set apart. The belief expressed by Lewis II, 'Imperii dignitas non in vocabuli voce sed in gloriosæ pietatis culmine consistit126 ,' appears again in the address of the Archbishop of Mentz to Conrad II127, as Vicar of God; is reiterated by Frederick I[132], when he writes to the prelates of Germany, 'On earth God has placed no more than two powers, and as there is in heaven but one God, so is there here one Pope and one Emperor. Divine providence has specially appointed the Roman Empire to prevent the continuance of schism in the Church128 ;' is echoed by jurists and divines down to the days of Charles V129. It was a doctrine which we shall find the friends and foes of the Holy See equally concerned to insist on, the one to make the transference (translatio) from the Greeks to the Germans appear entirely the Pope's work, and so establish his right of overseeing or cancelling his rival's election, the others by setting the Emperor at the head of the Church to reduce the Pope to the place of chief bishop of his realm130. His headship was dwelt upon chiefly in the two duties already noticed. As the counterpart of the Mussulman Commander of the Faithful, he was leader of the Church militant against her infidel foes, was in this capacity summoned to conduct crusades, and in later times recognized chief of the confederacies against the conquering Ottomans. As representative of the whole Christian people, it belonged to him to convoke General Councils, a right not without importance even when exercised concurrently with the Pope, but far more weighty when the object of the council was to settle a disputed election, or, as at Constance, to depose the reigning pontiff himself.

      The Coronation ceremonies.

      No better illustrations can be desired than those to be found in the office for the imperial coronation at Rome, too long to be transcribed here, but well worthy of an attentive study131. The rites prescribed in it are rights of consecration to a religious office: the Emperor, besides the sword, globe, and sceptre of temporal power, receives a ring as the symbol

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<p>118</p>

'Nonne Romana ecclesia tenetur imperatori tanquam suo patrono, et imperator ecclesiam fovere et defensare tanquam suus vere patronus? certe sic… Patronis vero concessum est ut prælatos in ecclesiis sui patronatus eligant. Cum ergo imperator onus sentiat patronatus, ut qui tenetur eam defendere, sentire debet honorem et emolumentum.' I quote this from a curious document in Goldast's collection of tracts (Monarchia Imperii), entitled 'Letter of the four Universities, Paris, Oxford, Prague, and the "Romana generalitas," to the Emperor Wenzel and Pope Urban,' A.D. 1380. The title can scarcely be right, but if the document is, as in all probability it is, not later than the fifteenth century, its being misdescribed, or even its being a forgery, does not make it less valuable as an evidence of men's ideas.

<p>119</p>

So Leo III in a charter issued on the day of Charles's coronation: '… actum in præsentia gloriosi atque excellentissimi filii nostri Caroli quem auctore Deo in defensionem et provectionem sanctæ universalis ecclesiæ hodie Augustum sacravimus.' – Jaffé Regesta Pontificum Romanorum, ad ann. 800.

So, indeed, Theodulf of Orleans, a contemporary of Charles, ascribes to the Emperor an almost papal authority over the Church itself: —

'Cœli habet hic (sc. Papa) claves, proprias te iussit habere;Tu regis ecclesiæ, nam regit ille poli;Tu regis eius opes, clerum populumque gubernas,Hic te cœlicolas ducet ad usque choros.'In D. Bouquet, v. 415.
<p>120</p>

Perhaps at no more than three: in the time of Charles and Leo; again under Otto III and his two Popes, Gregory V and Sylvester II; thirdly, under Henry III; certainly never thenceforth.

<p>121</p>

The Sachsenspiegel (Speculum Saxonicum, circ. A.D. 1240), the great North-German law book, says, 'The Empire is held from God alone, not from the Pope. Emperor and Pope are supreme each in what has been entrusted to him: the Pope in what concerns the soul; the Emperor in all that belongs to the body and to knighthood.' The Schwabenspiegel, compiled half a century later, subordinates the prince to the pontiff: 'Daz weltliche Schwert des Gerichtes daz lihet der Babest dem Chaiser; daz geistlich ist dem Babest gesetzt daz er damit richte.'

<p>122</p>

So Boniface VIII in the bull Unam Sanctam, will have but one head for the Christian people. 'Igitur ecclesiæ unius et unicæ unum corpus, unum caput, non duo capita quasi monstrum.'

<p>123</p>

St. Bernard writes to Conrad III: 'Non veniat anima mea in consilium eorum qui dicunt vel imperio pacem et libertatem ecclesiæ vel ecclesiæ prosperitatem et exaltationem imperii nocituram.' So in the De Consideratione: 'Si utrumque simul habere velis, perdes utrumque,' of the papal claim to temporal and spiritual authority, quoted by Gieseler.

<p>124</p>

'Sedens in solio armatus et cinctus ensem, habensque in capite Constantini diadema, stricto dextra capulo ensis accincti, ait: "Numquid ego summus sum pontifex? nonne ista est cathedra Petri? Nonne possum imperii iura tutari? ego sum Cæsar, ego sum imperator."' – Fr. Pipinus (ap. Murat. S. R. I. ix.) l. iv. c. 47. These words, however, are by this writer ascribed to Boniface, when receiving the envoys of the emperor Albert I, in A.D. 1299. I have not been able to find authority for their use at the jubilee, but give the current story for what it is worth.

It has been suggested that Dante may be alluding to this sword scene in a well-known passage of the Purgatorio (xvi. l. 106): —

'Soleva Roma, che 'l buon mondo feoDuo Soli aver, che l' una e l' altra stradaFacean vedere, e del mondo e di Deo.L' un l' altro ha spento, ed è giunta la spadaCol pastorale: e l' un coll altro insiemePer viva forzu mal convien che vada.'
<p>125</p>

See especially Peter de Andlo (De Imperio Romano); Ralph Colonna (De translatione Imperii Romani); Dante (De Monarchia); Engelbert (De Ortu et Fine Imperii Romani); Marsilius Patavinus (De translatione Imperii Romani); Æneas Sylvius Piccolomini (De Ortu et Authoritate Imperii Romani); Zoannetus (De Imperio Romano atque ejus Iurisdictione); and the writers in Schardius's Sylloge, and in Goldast's Collection of Tracts, entitled Monarchia Imperii.

<p>126</p>

Letter of Lewis II to Basil the Macedonian, in Chron. Salernit. in Mur. S. R. I.; also given by Baronius, Ann. Eccl. ad ann. 871.

<p>127</p>

'Ad summum dignitatis pervenisti: Vicarius es Christi.' – Wippo, Vita Chuonradi (ap. Pertz), c. 3.

Letter in Radewic, ap. Murat, S. R. I.

<p>129</p>

In a document issued by the Diet of Speyer (A.D. 1529) the Emperor is called 'Oberst, Vogt, und Haupt der Christenheit.' Hieronymus Balbus, writing about the same time, puts the question whether all Christians are subject to the Emperor in temporal things, as they are to the Pope in spiritual, and answers it by saying, 'Cum ambo ex eodem fonte perfluxerint et eadem semita incedant, de utroque idem puto sentiendum.'

<p>130</p>

'Non magis ad Papam depositio seu remotio pertinet quam ad quoslibet regum prælatos, qui reges suos prout assolent, consecrant et inungunt.' —Letter of Frederick II (lib. i. c. 3).

<p>131</p>

Liber Ceremonialis Romanus, lib. i. sect. 5; with which compare the Coronatio Romana of Henry VII, in Pertz, and Muratori's Dissertation in vol. i. of the Antiquitates Italiæ Medii Ævi.