continue to render to the study of scientific jurisprudence, this
result will appear far from insignificant. But another of still wider
import followed. When by the Peace of Westphalia a crowd of petty
principalities were recognized as practically independent states, the
need of a code to regulate their intercourse became pressing. That
code Grotius and his successors formed out of what was then the
private law of Germany, which thus became the foundation whereon the
system of international jurisprudence has been built up during the
last two centuries. That system is, indeed, entirely a German
creation, and could have arisen in no country where the law of Rome
had not been the fountain of legal ideas and the groundwork of
positive codes. In Germany, too, was it first carried out in practice,
and that with a success which is the best, some might say the only,
title of the later Empire to the grateful remembrance of mankind.
Under its protecting shade small princedoms and free cities lived
unmolested beside states like Saxony and Bavaria; each member of the
Germanic body feeling that the rights of the weakest of his brethren
were also his own.
[Sidenote: Influence of the Empire upon the history of the Church.]
[Sidenote: Nature of the question at issue between the Emperors and
the Popes.]
The most important chapter in the history of the Empire is that which
describes its relation to the Church and the Papacy. Of the
ecclesiastical power it was alternately the champion and the enemy. In
the ninth and tenth centuries the Emperors extended the dominion of
Peter's chair: in the tenth and eleventh they rescued it from an abyss
of guilt and shame to be the instrument of their own downfall. The
struggle which Gregory the Seventh began, although it was political
rather than religious, awoke in the Teutonic nations a hostility to
the pretensions of the Romish court. That struggle ended, with the
death of the last Hohenstaufen, in the victory of the priesthood, a
victory whose abuse by the insolent and greedy pontiffs of the
fourteenth and fifteenth centuries made it more ruinous than a defeat.
The anger which had long smouldered in the breasts of the northern
nations of Europe burst out in the sixteenth with a violence which
alarmed those whom it had hitherto defended, and made the Emperors
once more the allies of the Popedom, and the partners of its declining
fortunes. But the nature of that alliance and of the hostility which
had preceded it must not be misunderstood. It is a natural, but not
the less a serious error to suppose, as modern writers often seem to
do, that the pretensions of the Empire and the Popedom were mutually
exclusive; that each claimed all the rights, spiritual and secular, of
a universal monarch. So far was this from being the case, that we find
mediæval writers and statesmen, even Emperors and Popes themselves,
expressly recognizing a divinely appointed duality of government--two
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