[283] For with the progress of society and the growth of commerce the old feudal customs were through the greater part of Western Europe, and especially in Germany, either giving way to or being remodelled and supplemented by the civil law. [284] 'Imperator est animata lex in terris.'--Quoted by Von Raumer, v. 81. [285] Thus we are told of the Emperor Charles the Bald, when he confirmed the election of Boso, king of Burgundy and Provence, 'Dedit Bosoni Provinciam (_sc._ Carolus Calvus), et corona in vertice capitis imposita, eum regem appellari iussit, ut more priscorum imperatorum regibus videretur dominari.'--_Regin. Chron._ Frederick II made his son Enzio (that famous Enzio whose romantic history every one who has seen Bologna will remember) king of Sardinia, and also erected the duchy of Austria into a kingdom, although for some reason the title seems never to have been used; and Lewis IV gave to Humbert of Dauphiné the title of King of Vienne, A.D. 1336. [286] It is probably for this reason that the _Ordo Romanus_ directs the Emperor and Empress to be crowned (in St. Peter's) at the altar of St. Maurice, the patron saint of knighthood. [287] See especially Gerlach Buxtorff, _Dissertatio ad Auream Bullam_; and Augustinus Stenchus, _De Imperio Romano_; quoted by Marquard Freher. It was keenly debated, while Charles V and Francis I (of France) were rival candidates, whether any one but a German was eligible. By birth Charles was either a Spaniard or a Fleming; but this difficulty his partisans avoided by holding that he had been, according to the civil law, _in potestate_ of Maximilian his grandfather. However, to say nothing of the Guidos and Berengars of earlier days, the examples of Richard and Alfonso are conclusive as to the eligibility of others than Germans. Edward III of England was, as has been said, actually elected; Henry VIII was a candidate. And attempts were frequently made to elect the kings of France. [288] The mediæval practice seems to have been that which still prevails in the Roman Catholic Church--to presume the doctrinal orthodoxy and external conformity of every citizen, whether lay or clerical, until the contrary be proved. Of course when heresy was rife it went hard with suspected men, unless they could either clear themselves or submit to recant. But no one was required to pledge himself beforehand, as a qualification for any office, to certain doctrines. And thus, important as an Emperor's orthodoxy was, he does not appear to have been subjected to any test, although the Pope pretended to the right of catechizing him in the faith and rejecting him if unsound. In the _Ordo Romanus_ we find a long series of questions which the Pontiff was to administer, but it does not appear, and is in the highest degree unlikely, that such a programme was ever carried out. The charge of heresy was one of the weapons used with most effect against Frederick II.