Civilization, Medieval; Middle Ages; Socialism -- History
There were others, however, who judged it altogether too fantastical.
The most interesting of his opponents was a certain Antonio Roselli, a
very judiciously-minded civil lawyer, who goes very thoroughly into the
point at issue. He gives Innocent's views, and quotes what authority he
can find for them in the Digest and Decretals. But for himself he would
prefer to admit that the right to private property is not at all sacred
or natural in the sense of being inviolable. He willingly concedes to
the State the right to judge all claims of possession. This is the more
startling since ordinarily his views are extremely moderate, and
throughout the controversy between Pope and Emperor he succeeded in
steering a very careful, delicate course. To him, however, all rights to
property were purely civil and arguable only on principles of positive
law. There was no need, therefore, to discriminate between the right and
its exercise, for both equally could be controlled by the State. There
are evidences to show that he admitted the right of each man to the
support of his own life, and, therefore, to private property in the form
of actual food, &c., necessary for the immediate moment; but he
distinctly asserts as his own personal idea that "the prince could take
away my right to a thing, and any exercise of that right," adding only
that for this there must be some cause. The prince cannot arbitrarily
confiscate property; he must have some reasonable motive of sufficient
gravity to outweigh the social inconveniences which confiscation would
necessarily produce. Not every cause is a sufficient one, but those only
which concern "public liberty or utility." Hence he decides that the
Pope cannot alienate Church lands without some justifying reason, nor
hand them over to the prince unless there happens to be an urgent need,
springing from national circumstances. It does not follow, however, that
he wishes to make over to the State absolute right to individual
property under normal conditions. The individual has the sole dominion
over his own possessions; that dominion reverts to the State only in
some extreme instance. His treatise, therefore (Goldast, _De Monarchia_,
1611-1614, Hanover, p. 462, &c.), may be looked upon as summing up the
controversy as it then stood. The legal distinction suggested by
Innocent IV had been given up by the lawyers as insufficient. The
theories of Du Bois, Wycliff, Ockham, and the others had ceased to have
much significance, because they gave the royal power far too absolute a
jurisdiction over the possessions of its subjects. The feudal
contractual system, which these suggested reforms had intended to drive
out, had failed for entirely different reasons, and could evidently be
brought back only at the price of a complete and probably unsuccessful
disturbance of the social and economic organisation. The centralisation
which had risen on the ruins of the older local sovereignties and
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