said already, there is not a trace of the notion that the Emperor
reigns by an hereditary right of his own or by the will of the people,
for such a theory would have seemed to the men of the middle ages an
absurd and wicked perversion of the true order. Nor do his powers come
to him from those who choose him, but from God, who uses the electoral
princes as mere instruments of nomination. Having such an origin, his
rights exist irrespective of their actual exercise, and no voluntary
abandonment, not even an express grant, can impair them. Boniface the
Eighth[281] reminds the king of France, and imperialist lawyers till
the seventeenth century repeated the claim, that he, like other
princes, is of right and must ever remain subject to the Roman
Emperor. And the sovereigns of Europe long continued to address the
Emperor in language, and yield to him a precedence, which admitted the
inferiority of their own position[282].
There was in this theory nothing that was absurd, though much that was
impracticable. The ideas on which it rested are still unapproached in
grandeur and simplicity, still as far in advance of the average
thought of Europe, and as unlikely to find men or nations fit to apply
them, as when they were promulgated five hundred years ago. The
practical evil which the establishment of such a universal monarchy
was intended to meet, that of wars and hardly less ruinous
preparations for war between the states of Europe, remains what it was
then. The remedy which mediæval theory proposed has been in some
measure applied by the construction and reception of international
law; the greater difficulty of erecting a tribunal to arbitrate and
decide, with the power of enforcing its decisions, is as far from a
solution as ever.
[Sidenote: Roman Empire why an international power.]
Public-domain text, read in full here on John Shaqi.
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