Canon Law Aspects of the Eleventh Century Gregorian Reform Programme

Abstract

The year 1048 is generally recognised as a decisive date in the history of the medieval papacy. In that year the emperor Henry III appointed Bruno, bishop of Toul, to succeed to the papal throne, who accepted only on condition that his election be confirmed by the people and clergy of Rome. The significance of this act depends on seeing it against previous elections. Despite often re-iterated claims to spiritual supremacy the papacy had for long been the tool of political factions, so much so that the period 801–1049 is regarded as the era of Caesaropapism. Reacting against this temporal domination the new pope Leo IX and his successors, especially Gregory VII (1073–85), laid the foundations of a different relationship (called by Ullman ‘the hierocratic system’) in which the temporal powers, under the leadership of the emperor, were subservient to the spiritual under the leadership of the papacy, a unity, so it was argued, for the commonweal of Christendom. By the fourteenth century the system had repeatedly proved itself unworkable, and the concept received its final blow from Marsiglio of Padua's Defensor pads. But, until that time, the concept with all its ramifications constituted both the object and the context of medieval political thought. The outlines of this thesis are by no means new, but what is only now becoming realised is the part played by the canonists in both determining the theory and advancing the arguments for its support.

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