The Empire and the Papacy, 918-1273Tout, T. F. (Thomas Frederick)
History
The Empire and the Papacy, 918-1273
Tout, T. F. (Thomas Frederick)
Europe -- History -- 476-1492; Holy Roman Empire -- History -- 843-1273; Papacy
The Church had long had its own courts and its own law; but the victory
of the Hildebrandine system gave a new importance to the Courts
Christian and to the Canon Law which they upheld. It was the aim of the
Church reformers to draw a hard and fast line between Church and State,
and to bind together the scattered and often antagonistic corporations,
out of which the Church was constituted, into a single self-governing,
self-sufficing, independent body, of which the Pope was the absolute
monarch. All through the eleventh century efforts were made by leading
ecclesiastical lawyers to do for the law of the Church what was already
being done for the law of the State. Italy witnessed most of these
attempts, but the canonists of Germany and Gaul were not behindhand, and
the most famous of the early compilations, which appeared in 1115, was
the work of a north-French churchman, Ivo, Bishop of Chartres, a pupil
of Lanfranc of Bec. But these preliminary efforts were superseded by the
_Decretum_, or more accurately the _Concordantia discordantium Canonum_,
of Gratian, which probably appeared in 1142. Gratian was a monk of the
new order of Camaldoli, living in a convent at Bologna. The book which
he published was a text-book, the effort of a private student, with no
other authority than what it could command from its own merits. But its
merits were such that it swept all its predecessors out of the field,
and soon won something of the authority that belonged to a definite
codification of previous ecclesiastical jurisprudence. It appeared at
the right place and at the right moment. From that time onwards the
study of Canon Law stood side by side with that of the Civil Law at
Bologna, and the town of Irnerius and Gratian became the intellectual
centre of the great controversies of Church and State, which then
distracted Europe. Before long the Canon Law became as elaborate and
comprehensive a system as that Civil Law, which it copied, developed and
sometimes reacted against. The canonists became a band of specialists,
separated from the civilians on the one hand and the theologians on the
other. Just as the practical advantages of the study of Civil Law called
away the votaries of the unprofitable secular study of literature, so
did the practical uses of Canon Law divert active and ambitious
churchmen from the academic study of theology. Law became the attractive
science as well for ardent ecclesiastics as for men of the world. If it
involved less speculative activity than the studies it superseded, it
had the advantage of helping to bridge over the gulf between the little
world of isolated students and the broad world of everyday life. As the
revival of dialectic renewed men’s interests in abstract science, so did
the revival of law broaden men’s practical interests. If in the long-run
it gave weapons to Empire as well as to Papacy, the first result was to
complete the equipment of the hierarchy for the business of ruling the
world.
Public-domain text, read in full here on John Shaqi.
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