anything of the nature of an ultimate command. Transcending all customs,
and supreme over all enactments, rose the sovereign majesty of natural
law, which is one and indivisible, and runs through all creation. 'All
custom,' writes Gratian, the great canonist, 'and all written law, that
are adverse to natural law, are to be counted null and void.' Here, in
this conception of a natural law upholding all creation, we may find
once more a Stoic legacy to the Christian Church. 'Men ought not to live
in separate cities, distinguished one from another by different systems
of justice'--so Zeno the Stoic had taught--'but there should be one way
and order of life, like that of a single flock feeding on a common
pasture.' Zeno, like St. Paul, came from Cilicia.[20] Like St. Paul, he
taught the doctrine of the one society, in which there was neither Jew
nor Gentile, neither Greek nor barbarian. We shall not do wrong to
recognize in his teaching, and in that of his school, one of the
greatest influences, outside the supreme and controlling influence of
the Christian principle itself, which made for the dominance of the idea
of unity in mediaeval thought.
Before we proceed to draw another negative conclusion from the principle
of the one community, we must enter a brief caveat in regard to the
conclusion which has just been drawn. We cannot altogether take away the
State from the Middle Ages by a stroke of the pen and the sweep of a
paradox. There were states in mediaeval Europe, and there were kings who
claimed and exercised _imperium_. These things caused the theorists, and
particularly the Roman lawyers, no little trouble. It was difficult to
reconcile the unity of the _imperium_ with the multiplicity of kings.
Some had recourse to the theory of delegation, and this seems to be the
theory of the _De Monarchia_ of Dante. But there was one contemporary of
Dante who said a wise thing, prophetic of the future. _Rex est in regno
suo_, wrote Bartolus of Sassoferrato, _imperator regni sui_. In that
sentence we may hear the cracking of the Middle Ages. When kings become
'entire emperors of their realms' (the phrase was used in England by
Richard II, and the imperial style was affected by Henry VIII), unity
soon prepares to fly out of the window. But she never entirely took
flight until the Reformation shattered the fabric of the Church, and
made kings into popes as well as emperors in their dominions.
Public-domain text, read in full here on John Shaqi.
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