In the middle ages 119

the monarch to the individual kings, just as the

speculative intellect furnishes to the practical in-

tellect the principles which guide our actions. ^^

And Dante's conclusion is that, just as a man's

peace with himself is the condition of his personal

happiness, so likewise universal peace, pax univer-

salis, can alone realize the happiness of the human

race. Apart from this, Dante says nothing as to

the functions of this guide, arbiter, and judge.

But he does say who this monarch shall be. He is

to be the German Emperor, consecrated by the

Pope, and regarded by Dante as the heir of the

Caesars and of Charlemagne.^^

But another question created a divergence of

views between canonists and legists. We mention

it only because it concerned this centripetal ten-

dency of the time, this fascination of unity; and

because, too, one of the best known quarrels of the

thirteenth century seems to us clearly connected

with the philosophical controversy about this ideal

human societj^ The Empire and the Papacy be-

ing distinct, and involving two heads, there was

again a new duality which must be reduced at any

cost to an inclusive unity.

Canonists, such as Innocent IV, and Johannes

s^Constat quod totum humane genus ordinatur ad unum . . .

Partes humanae universitatis respondent ad ipsam per unum prin-

cipium. . . . Humanum genus potest regi per unum principem . . .

quod potest fieri per unum melius est fieri per unum quam per plura.

Lib. I, passim.

26 Lib., Ill, De Monarchia.

120 PHILOSOPHY AND CIVILIZATION

Andreae, proclaimed the subordination of the Em-

peror to the Pope, that is, of the temporal power

to the spiritual. Christ, they said, is the sole King

of humanity, and the Pope is his viceroy on earth.

Emperors and kings cannot exercise temporal

power except by a delegated authority which is al-

ways revocable, — so that "the principle of separa-

tion was applicable merely to the mode in which

those powers were to be exercised.""

Not so, replied Dante with all the legists. We

are as desirous as you are of introducing unity of

command over mankind, but this imity is the effect

of a co-ordination between two distinct powers,

each of which proceeds directly from God.^* "Im-

perium et Papae aeque principaliter sunt constituti

a Deo/' and "imperium non dependet ah ecclesia"^^

are the shibboleths of the legists. At best, adds

Dante, since temporal felicity is subordinated to

the eternal, the Emperor owes a certain kind of

respect to the Pope, just as there is an obligation

upon the eldest son to ensure a respectful under-

standing between himself and the head of the

family.'"

Thus, for the legists as well as for the canonists,

27 Gierke, Politicnl Theories of the Middle Ages (English trans-

lation by F. W. Maitland), Cambridge, 1900, p. 12.

28 De Monarchia. Lib. III.

29 Gierke, op. cit., p. 17 and note 40.

30 Ilia igitur reverentia Caesar utatnr ad Petrum qua primogeni-

tus filius debet iiti ad Patrcm. Lib. TIL