Chapter XIV: The Growth of Humanity (4)

This was the greatest ambition that has ever been cherished. It meant nothing less than the establishment of a _civitas Dei_ on earth. And this kingdom of God was to be very different from that of which St. Augustine had written. His city of God was neither the actual Church nor the actual State, nor a fusion of both. It was a spiritual society of the predestined faithful, and, as such, thoroughly distinct from the State and secular society. The city of God which the great mediaeval popes were seeking to establish was a city of this world, if not of this world only. It was a fusion of the actual Church, reformed by papal direction and governed by papal control, with actual lay society, similarly reformed and similarly governed. Logically this meant a theocracy, and the bull of Boniface VIII, by which he claimed that every human creature was subject to the Roman pontiff, was its necessary outcome. But a theocracy was only a means, and a means that was never greatly emphasized in the best days of the papacy. It was the end that mattered; and the end was the moulding of human life into conformity with divine truth. The end may appear fantastic, unless one remembers the plenitude of means which stood at the command of the mediaeval Church. The seven sacraments had become the core of her organization. Central among the seven stood the sacrament of the Mass, in which bread and wine were transubstantiated into the divine body and blood of our Lord. By that sacrament men could touch God; and by its mediation the believer met the supreme object of his belief. Only the priest could celebrate the great mystery; and only those who were fit could be admitted by him to participation. The sacrament of penance, which became the antechamber, as it were, to the Mass, enabled the priest to determine the terms of admission. Outside the sacraments stood the Church courts, exercising a large measure of ethical and religious discipline over all Christians; and in reserve, most terrible of all weapons, were the powers of excommunication and interdict, which could shut men and cities from the rites of the Church and the presence of the Lord. Who shall say, remembering these things, that the aims of the mediaeval Church were visionary or impracticable?

For a time, and in some measure, they were actually accomplished. Let us look at each estate in turn, and measure the accomplishment--speaking first of the knightly world, and the Church's control of war and peace; then of the world of the commons, and the Church's control of trade and commerce; and last of the clerical world and the Church's control of learning and education.

The control of war and peace was a steady aim of the Church from the beginning of the eleventh century. The evil of feudalism was its propensity to private war. To cure that evil the Church invented the Truce of God. The Truce was a diocesan matter. The 'form' of Truce was enacted in a diocesan assembly, and the people of the diocese formed a _communitas pacis_ for its enforcement. There was no attempt to put an absolute stop to private war; the Truce was only directed to a limitation of the times and seasons in which feuds could be waged, and a definition of the persons who were to be exempted from their menace. But from seeking to limit the fighting instinct of a feudal society, the Church soon rose to the idea of enlisting that instinct under her own banner and directing it to her own ends. So arose chivalry, which, like most of the institutions of the Middle Ages, was the invention of the Church. Chivalry was the consecration of the fighting instinct to the defence of the widow, the fatherless, and the oppressed; and by the beginning of the eleventh century liturgies already contain the form of religious service by which neophytes were initiated into knighthood. This early and religious form of chivalry (there was a later and lay form, invented by troubadour and trouvere, which was chiefly concerned with the rules for the loves of knights and ladies) culminated in the Crusades. In the Crusades we touch perhaps the most typical expression of the mediaeval spirit. Here we may see the clergy moulding into conformity with Christian principle the apparently unpromising and intractable stuff of feudal pugnacity: here we may see the papacy asserting its primacy of a united Europe by gathering Christian men together for the common purpose of carrying the flag of their faith to the grave of their Redeemer. Here the permeating influence of Christian revelation may be seen attempting to permeate even foreign policy (for what are the Crusades but the foreign policy of a Christian commonwealth controlled and directed by the papacy?); and here again even the instinct for colonial expansion, so often the root of desperate wars, was brought into line with the unity of all nations in Christ, and made to serve the cause of Him 'in whom alone is to be found the true nature of the One'.

There is another aspect of the clerical control of peace and war in the interest of Christian unity which must not be forgotten. The papacy sought to become an international tribunal. The need for such a tribunal was as much a mediaeval as it is a modern commonplace. Dante, who sought to vindicate for the emperor, rather than for the pope, the position and power of an international judge, has started the argument in famous words. 'Between any two princes, of whom the one is in no way subject to the other, disputes may arise, either by their own fault, or by that of their subjects. Judgement must therefore be given between them. And since neither can have cognizance of the other, because neither is subject to the other, there must be a third of ampler jurisdiction, to control both by the ambit of his power.'[18] Such ampler jurisdiction, which might indeed be claimed for the emperor, but which he had never the power to exercise, was both claimed and exercised by the papacy. The papacy, which sought to enforce the Christian canon of conduct in every reach of life and every sphere of activity, would never admit that disputes between sovereign princes lay outside the rule of that canon. Innocent III, in a letter to the French bishops defending his claim to arbitrate between France and England, stands very far from any such admission. 'It belongs to our office', he argues, 'to correct all Christian men for every mortal sin, and if they despise correction, to coerce them by ecclesiastical censure. And if any shall say, that kings must be treated in one way, and other men in another, we appeal in answer to the law of God, wherein it is written, "Ye shall judge the great as the small, and there shall be no acceptance of persons among you." But if it is ours to proceed against criminal sin, we are especially bound so to do when we find a sin against peace.'[19] Here, in these words of Innocent, the clerical claim to control of peace and war touches its highest point. In the name of a Christian principle, permeating all things, and reducing all things to unity, the dread arbitrament of war is itself to be submitted to a higher and finer arbitration. The claim was too high to be sustained or translated into effect. It is not too high to be admired.

Nor was it altogether remote from the actual life of the day. Even to the laity of the Middle Ages, war was not a mere conflict of powers, in which the strongest power must necessarily prevail. It was a conflict of rights before a watching God of battles, in which the greatest right could be trusted to emerge victorious. War between States was analogous to the ordeal of battle between individuals: it was a legal way of testing rights. Now ordeal by battle was a mode of procedure in courts of law, and a mode of procedure whose conduct and control belonged to the clergy. If, therefore, war between States is analogous to ordeal, it follows, first, that it is a legal procedure which needs a high court for its interpretation (and what court could be more competent than the papal curia?), and, next, that it is a matter which in its nature touches the clergy. Such ideas were a natural basis for the Church's attempt to control the issues of war and peace; and if we remember these ideas, we shall acquit the Church of any impracticable quixotism.

The attempt to control trade and commerce was no less lofty and no less arduous. It is perhaps still easier to stop war than to stop competition; and yet the Church made the attempt. The Christian law of love was set against the economic law of demand and supply. It was canonical doctrine that the buyer should take no more, and the seller offer no less, than the just price of a commodity--a price which would in practice depend on the cost of production. The rule for prices was also the rule for wages: the just wage was the natural complement of the just price. The prohibition of usury and of the taking of interest was another factor in the same circle of ideas. If prices and wages are both to be returns for work done, and returns of an exact equivalence, then, on the assumptions which the canonists made--that the usurer does no work, and that his loan is unproductive of any new value--it necessarily follows that no return is due, or can be justly paid, for the use of borrowed money. Work is the one title of all acquisition, and all acquisition should be in exact proportion to the amount of work done. This is the basic principle, and it is the principle of the Divine Law: _In sudore frontis tuae comedes panem tuum_. Once more, therefore, and once more in an unpromising and intractable material, we find the Church seeking to enforce the unity of the Christian principle and to reduce the Many to the One. In the same way, and from the same motive, that private war was to be banished from the feudal class in the country, competition--the private war of commerce--was to be eliminated from the trading classes in the towns. Nor was the attack on competition, any more than the attack on war, so much of a forlorn hope as it may seem to a modern age. Even to-day, custom is still a force which checks the operation of competition, and custom covered a far greater area in the Middle Ages than it does to-day. The rent of land, whether paid in labour or in kind, was a customary rent; and in every mediaeval community the landed class was the majority. It was an easy transition from fixed and customary rents to the fixing of just prices for commodities and services. Lay sentiment supported clerical principle. Guilds compelled their members to sell commodities at a level price, and in a spirit of collectivism endeavoured to prevent the making of corners and the practice of undercutting. Governments refused to recognize the 'laws' of demand and supply, and sought, by Statutes of Labourers, to force masters to give, and workman to receive, no more and no less than a 'just' and proper wage.

It was not only by the regulation of trade and commerce that the Church sought to penetrate the life of the towns. The friars made their homes in the towns in the thirteenth century; and the activity of the friars--Franciscan and Dominican, Austin and Carmelite--enabled the Church to exercise an influence on municipal life no less far-reaching than that which she sought to exert on the feudal classes. Towns became trustees of property for the use of the mendicant orders; and the orders of Tertiaries, which flourished among them, enabled the townsfolk to attach themselves to religious societies without quitting the pursuits of lay life. A mediaeval town--with its trade and commerce regulated, however imperfectly, by Christian principle; with its town council acting as trustee for religious orders; and with its members attached as Tertiaries to those orders--might be regarded as something of a type of Christian society; and St. Thomas, partly under the influence of these conditions, if partly also under the influence of the Aristotelian philosophy of the [Greek: polis], is led to find in the life of the town the closest approach to the ethics of Christianity.

The control of learning and education by the Church is the most peculiar and essential aspect of her activity. The control of war and peace was a matter of guiding the estate of the baronage; the control of trade and commerce was a way of directing the estate of the commons; but the control of learning and education was nothing more nor less than the Church's guidance of herself and her direction of her own estate. _Studium_ may be distinguished from _sacerdotium_ by mediaeval writers; but the students of a mediaeval university are all 'clergy', and the curricula of mediaeval universities are essentially clerical. All knowledge, it is true, falls within their scope; but every branch of knowledge, from dialectic to astronomy, is studied from the same angle, and for the same object--_ad maiorem Dei gloriam_. Here, as elsewhere, the penetrating and assimilative genius of the Church moulded and informed a matter which was not, in its nature, easily receptive of a clerical impression. The whole accumulated store of the lay learning of the ages--geometry, astronomy, and natural science; grammar and rhetoric; logic and metaphysics--this was the matter to be moulded and the stuff to be permeated; and on this stuff St. Thomas wrought the greatest miracle of genuine alchemy which is anywhere to be found in the annals of learning.

The learning which the Church had to transform was essentially the learning of the Hellenic world. Created by the centuries of nimble and inventive thought which lie between the time of Thales and that of Hipparchus, this learning had been systematized into a _corpus scientiae_ during that age of Greek scholasticism which generally goes by the name of Hellenistic. In its systematized Hellenistic form, it had been received by the Roman world, and had become the culture of the Roman Empire. By writers ranging from Ptolemy to Boethius the body of all known knowledge had been arranged in a digest or series of pandects; and along with the legal codification of Justinian it had been handed to the Christian Church as the heritage of the ancient world. The attitude of the Church to that heritage was for long unfixed and uncertain. The logic, and still more the metaphysics, of Aristotle were not the most comfortable of neighbours to the new body of Christian revelation committed to the Church's keeping. In the hand of Berengar of Tours the methods of Greek logic proved a corrosive to the received doctrine of the Mass. In the hands of Abelard, in the _Sic et Non_, they served to suggest the need of criticism of the text of Christian tradition. If unity was to be preserved, a bridge must be built between the secular science of the Greeks and the religious faith of the Church. In the thirteenth century that bridge was built. Aristotle was reconciled with St. Augustine; the _Organon_, the _Ethics_, and the _Politics_ were incorporated in the body of Christian culture; and the mediaeval instinct for unification celebrated its greatest and perhaps its most arduous triumph.

The thirteenth century thus witnessed a unity of civilization alike as a structure of life and as a content of the human mind. On the one hand, there rose a single governing scheme of society, which culminated in the universal primacy of Rome and the Roman pontiff. On the other hand, set in this scheme, and contained in this structure, there was a single stuff of thought, directed to the manifestation of the eternal glory of God. The framework we may chiefly ascribe to Gregory VII; the content to St. Thomas Aquinas. But the whole resultant unity is less the product of great personalities than of a common instinct and a common conviction. Men saw the world _sub specie unitatis_; and its kaleidoscopic variety was insensibly focused into a single scheme under the stress of their vision. The heavens showed forth the glory of God, and the firmament declared His handiwork. Zoology became, like everything else, a willing servant of Christianity; and _bestiaria moralizata_ were written to show how all beasts were made for an ensample, and served for a type, of the one and only truth. All things, indeed, were types and allegories to this way of thinking; and just as every text in the Bible was an allegory to mediaeval interpretation, so all things in the world of creation, animate and inanimate, the jewel with its 'virtue' as well as the beast with its 'moral', became allegories and parables of heavenly meanings. Thus the world of perception became unreal, that it might be transmuted into the real world of faith; and symbolism like that of Hugh of St. Victor dominated men's thought, making all things (like the Mass itself, if in a less degree) into _signa rei sacrae_.

The unity of knowledge was thus purchased at a price. Things must cease to be studied in themselves, and must be allegorized into types, in order that they might be reduced to a unity. Perhaps the purchase of unity on terms such as these is a bad bargain; and it is at any rate obvious that in such an atmosphere scientific thought will not flourish, or man learn to adjust himself readily to the laws of his environment. From the standpoint of natural science we may readily condemn the Middle Ages and all their works; and we may prefer a single _Opus_ of Roger Bacon to the whole of the _Summa_ of St. Thomas. But it is necessary to judge an age which was destitute of natural science by some other criterion than that of science; nor must we hasten to say that the Middle Ages found the Universal so easily, because they ignored the Particular so absolutely. The truth is, that though mediaeval thinkers knew far more of the writings of Aristotle than they did of those of Plato, they were none the less far better Platonists than they were Aristotelians. If they had been better Aristotelians, they would have been better biologists; but as they were good Platonists, they had a conception of the purpose and system of human life in society, which perhaps excuses all, and more than all, the defects of their biology. Any survey, however brief, of the political theory of the Middle Ages will show at once its Platonic character and its incessant impulse towards the achievement of unity.

III

To mediaeval thought, as to Plato, the unity of society is an organic unity, in the sense that each member of society is an organ of the whole to which he belongs, and discharges a function at once peculiar to himself and necessary to the full life of the whole. Monasticism, so often misrepresented, attains its true meaning in the light of this conception. The monk is a necessary organ of Christian society, discharging his function of prayer and devotion for the benefit not of himself solely, or primarily, but rather of every member of that society. He prays for the sins of the whole world, and by his prayer he contributes to the realization of the end of the world, which is the attainment of salvation. In the same way the conception of a treasury of merits, afterwards perverted in the system of indulgences, belongs to an organic theory and practice of society. The merits which Christ and the saints have accumulated are a fund for the use of the whole of Christian society, a fund on which any member can draw for his own salvation, just because each is fitly joined and knit together with all the rest in a single body for the attainment of a single purpose. But we need not take isolated instances of the Platonism of mediaeval thought. The whole basic conception of a system of estates, which recurs everywhere in mediaeval life, is a Platonic conception. The estates of clergy, baronage, and commons are the Platonic classes of guardians, auxiliaries, and farmers. The Platonic creed of [Greek: to auton prattein] ('Do thine own duty') is the Christian creed of 'doing my duty in that state of life to which it shall please God to call me'. The Middle Ages are full of a spontaneous Platonism, and inspired by an _anima naturaliter Platonica_. The control which the mediaeval clergy exercised over Christian society in the light of divine revelation repeats the control which the guardians of Plato were to exercise over civic society in the light of the Idea of the Good. The communism of the mediaeval monastery is reminiscent of the communism of the Platonic barracks. And if there are differences between the society imagined by Plato and the society envisaged by the mediaeval Church, these differences only show that the mediaeval Church was trying to raise Platonism to a higher power, and to do so in the light of conceptions which were themselves Greek, though they belonged to a Greece posterior to the days of Plato. These conceptions--which were cherished by Stoic thinkers; which penetrated into Roman Law; and which from Roman Law flowed into the teaching and theory of the early fathers of the Church--are mainly two. One is the conception of human equality; the other, and correlative, conception is that of a single society of all the human race. The equality of men, and the universality of the city of God in which they are all contained, are conceptions which were no less present to Marcus Aurelius than they were to St. Augustine. They are conceptions which made the instinctive Platonism of the mediaeval Church even more soaring than that of Plato. While the Republic of Plato had halted at the stage of a civic society, the _respublica Christiana_ of the Middle Ages rose to the height of a single _humana civilitas_. While Plato had divided the men of his Republic into classes of gold and silver and bronze, and had reserved the ecstasy of the aspect of the divine Idea for a single class, the mediaeval Church opened the mystery of the Mass and the glory of the fruition of God to all believers, and, if she believed in three estates, nevertheless gathered the three in one around the common altar of the Redeemer. Serfdom might still remain, and find tolerance, in the economic working of society; but in the Church herself, assembled together for the intimate purposes of her own life, there was 'neither bond nor free'.

The prevalence of Realism, which marks mediaeval metaphysics down to the end of the thirteenth century, is another Platonic inheritance, and another impulse to unity. The Universal _is_, and is a veritable thing, in which the Particular shares, and acquires its substance by its degree of sharing. The One transcends the Many; the unity of mankind is greater than the differences between men; and the university of mortal men, as Ockham writes, is one community. If there be thus one community, and one only, some negative results follow, which have their importance. In the first place, we can hardly say that the Middle Ages have any conception of the State. The notion of the State involves plurality; but plurality is _ex hypothesi_ not to be found. The notion of the State further involves sovereignty, in the sense of final and complete control of its members by each of a number of societies. But this, again, is _ex hypothesi_ not to be found. There is one final control, and one only, in the mediaeval system--the control of Christian principle, exerted in the last resort, and exerted everywhere, without respect of persons, by the ruling vicar of Christ. But if plurality and sovereignty thus disappear from our political philosophy, we need a new orientation of all our theory. We must forget to speak of nations. We must forget, as probably many of us would be very glad to forget, the claims of national cultures, each pretending to be a complete satisfaction and fulfilment of the national mind; and we must remember, with Dante, that culture (which he called 'civility') is the common possession of Christian humanity. We must even forget, to some extent, the existence of different national laws. It is true that mediaeval theory admitted the fact of customary law, which varied from place to place. But this customary law was hardly national: it varied not only from country to country, but also from fief to fief, and even from manor to manor. It was too multiform to be national, and too infinitely various to square with political boundaries. Nor was customary law, in mediaeval theory, 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.

We may now turn to draw another conclusion from the mediaeval principle of unity. To-day the world recognizes, and has recognized for nearly four centuries, not only a distinction between States, but also a distinction between two societies in each State--the secular and the religious. These two societies may have different laws (for instance, in the matter of marriage), and conflicts of duties and of jurisdictions may easily arise in consequence. The State may permit what the Church forbids; and in that case the citizen who is also a churchman must necessarily revolt against one or other of the societies to which he belongs. The conflict between the two societies and the different obligations which they impose was a conflict unknown to the Middle Ages. Kings might indeed be excommunicated, and in that event their subjects would be compelled to decide whether they should disobey excommunicated king or excommunicating pope. But that was only a conflict between two different allegiances to two different authorities; it was not a conflict between two different memberships of two different societies. The conflict between the two societies--Church and State--was one which could hardly arise in the Middle Ages, because there was only a single society, an undivided Christian commonwealth, which was at one and the same time both Church and State. Because there was only one society, baptism counted as admission both to churchmanship and to citizenship, which were one thing, and one only, in the Christian commonwealth; and for the same reason excommunication, which shut the offender from all religious life, excluded him equally and by the same act from every civil right. The excommunicated person could not enter either the Church or the law court; could not receive either the eucharist or a legacy; could not own either a cure of souls or an acre of soil. Civil right and religious status implied one another; and not only was _extra ecclesiam nulla salus_ a true saying, but _extra ecclesiam nullum ius_ would also be very near the truth. Here again is a reason for saying that the State as such can hardly be traced in the Middle Ages. The State is an organization of secular life. Even if it goes beyond its elementary purpose of security for person and property, and devotes itself to spiritual purposes, it is concerned with the development of the spirit in its mortal existence, and confined to the expansion of the mind in the bounds of a mortal society. The Middle Ages thought more of salvation than of security, and more of the eternal society of all the faithful, united together in Christ their Head, than of any passing society of this world only. They could recognize kings, who bore the sword for the sake of security, and did justice in virtue of their anointing. But kings were not, to their thinking, the heads of secular societies. They were agents of the one divine commonwealth--defenders of the Faith, who wielded the secular sword for the furtherance of the purposes of God. Thus there was one society, if there were two orders of ministering agents; and thus, though _regnum_ and _sacerdotium_ might be distinguished, the State and the Church could not be divided. Stephen of Tournai, a canonist of the twelfth century, recognizes the two powers; but he only knows one society, under one king. That society is the Church: that king is Christ.

Under conditions such as these--with the plurality of States unrecognized by theory, even if it existed in practice, and with distinction between State and Church unknown and unenforced--we may truly say with a German writer, whose name I should like to mention _honoris causa_, Professor Troeltsch, that 'there was no feeling for the State; no common and uniform dependence on a central power; no omnicompetent sovereignty; no equal pressure of a public civil law; no abstract basis of association in formal and legal rules--or at any rate, so far as anything of the sort was present, it was a matter only for the Church, and in no wise for the State'.[21] So far as social life was consciously articulated in a scheme, the achievement was that of the clergy, and the scheme was that of the Church. The interdependencies and associations of lay life--kingdoms and fiefs and manors--were only personal groupings, based on personal sentiments of loyalty and unconscious elements of custom. A mixture of uniformity and isolation, as we have seen, was the characteristic of these groupings: they were at once very like one another, throughout the extent of Western Europe, and (except for their connexion in a common membership of the Church Universal) very much separated from one another. But with one at any rate of these groupings--the kingdom, which in its day was to become the modern State--the future lay; and we shall perhaps end our inquiry most fitly by a brief review of the lines of its future development.

IV

The development of the kingdom into the State was largely the work of the lawyers. The law is a tenacious profession, and in England at any rate its members have exercised a large influence on politics from the twelfth to the twentieth century--from the days of Glanville, the justiciar of Henry II, to the days of Mr. Asquith, the prime minister of George V. It is perhaps in England that we may first see the germs of the modern State emerging to light under the fostering care of the royal judges. Henry II is something of a sovereign: his judges formulate a series of commands, largely in the shape of writs, which became the common law of the land; and in the Constitutions of Clarendon we may already see the distinction between Church and State beginning to be attempted. With a sovereign, a law, and a secular policy all present, we may begin to suspect the presence of a State. In France also a similar development, if somewhat later than the English, occurs at a comparatively early date. By the end of the thirteenth century the legists of Philippe le Bel have created something of _etatisme_ in their master's dominions. The king's court begins to rule the land; and proud of its young strength it enters the lists against Boniface VIII, the great prophet of the Church Universal, who proclaimed that every human creature was subject to the Roman pontiff. The collapse of Boniface at Anagni in 1303 is the traditional date of the final defeat of the mediaeval papacy. Everywhere, indeed, the tide seemed on the turn at the close of the thirteenth century. The Crusades ended with the fall of Acre in 1291. The suppression of the great international order of the Templars twenty years later marked a new leap of the encroaching waves. The new era of the modern national State might seem already to have begun.

But tides move slowly and by gradual inches. It needed two centuries more before the conditions in which the modern State could flourish had been fully and finally established. Economic conditions had to change--a process always gradual and slow; and a national economy based on money had to replace the old local economy based on kind. Languages had to be formed, and local dialects had to be transformed into national and literary forms, before national States could find the means of utterance. The revival of learning had to challenge the old clerical structure of knowledge, and to set free the progress of secular science, before the minds of men could be readily receptive of new forms of social structure and new modes of human activity. But by 1500 the work of preparation had been largely accomplished. The progress of discovery had enlarged the world immeasurably. The addition of America to the map had spiritual effects which it is difficult to estimate in any proper terms. If the old world of the Mediterranean regions could be thought into a unity, it was more difficult to reduce to the One the new world which swam into men's ken. Still more burdened with fate for the future generations was the vast volume of commerce, necessarily conducted on a national basis, which the age of discoveries went to swell. Meanwhile, men had begun to think and to write in national languages. Already by the reign of Richard II the dialect of the East Midlands, which was spoken in the capital and the universities, had become a literary language in which Chaucer and Wyclif had spoken to all the nation. Still earlier had come the development of Italian, and a little more than a century after the days of Wyclif, Luther was to give to Germany a common speech and a common Bible. It was little wonder that in such times the old unity of the Christian commonwealth of the Middle Ages shivered into fragments, or that, side by side with a national language, there developed--at any rate in England and in Germany--a national Church. The unity of a common Roman Church and a common Romance culture was gone. _Cuius regio eius religio_. To each region its religion; and to each nation, we may add, its national culture. The Renaissance may have begun as a cosmopolitan movement, and have found in Erasmus a cosmopolitan representative. It ended in national literatures; and a hundred years after Erasmus, Shakespeare was writing in England, Ariosto in Italy, and Lope de Vega in Spain.

In the sixteenth century the State was active and doing after its kind. It was engaged in war. France was fighting Spain: England was seeking to maintain the balance: Turkey was engaged in the struggle. It is a world with which we are familiar--a world of national languages, national religions, national cultures, national wars, with the national State behind all, upholding and sustaining every form of national activity. But unity was not entirely dead. Science might still transcend the bounds of nations, and a Grotius or Descartes, a Spinoza or a Leibniz, fill the European stage. Religion, which divided, might also unite; and a common Calvinism might bind together the Magyars of Hungary and the French of Geneva, the Dutchman and the Scot. Leyden in the seventeenth century could serve, as The Hague in the twentieth century may yet serve, if in a different way, for the meeting ground of the nations; it could play the part of an international university, and provide a common centre of medical science and classical culture. But the old unity of the Middle Ages was gone--gone past recall. Between those days and the new days lay a gulf which no voice or language could carry. Much was lost that could never be recovered; and if new gold was added to the currency of the spirit, new alloys were wrought into its substance. It would be a hard thing to find an agreed standard of measurement, which should cast the balance of our gain and loss, or determine whether the new world was a better thing than the old. One will cry that the old world was the home of clericalism and obscurantism; and another will say in his bitterness that the new world is the abode of two other evil spirits--nationalism and commercialism. One thing is perhaps certain. We cannot, as far as human sight can discern, ever hope to reconstruct unity on the old basis of the Christian commonwealth of the Middle Ages. Yet need is upon us still--need urgent and importunate--to find some unity of the spirit in which we can all dwell together in peace. Some have hoped for unity in the sphere of economics, and have thought that international finance and commerce would build the foundations of an international polity. Their hopes have had to sleep, and a year of war has shown that 'a synchronized bank-rate and reacting bourses' imply no further unity. Some again may hope for unity in the field of science, and may trust that the collaboration of the nations in the building of the common house of knowledge will lead to co-operation in the building of a greater mansion for the common society of civilized mankind. But nationalism can pervert even knowledge to its own ends, turning anthropology to politics, and chemistry to war. There remains a last hope--the hope of a common ethical unity, which, as moral convictions slowly settle into law, may gradually grow concrete in a common public law of the world. Even this hope can only be modest, but it is perhaps the wisest and the surest of all our hopes. _Idem scire_ is a good thing; but men of all nations may know the same thing, and yet remain strangers one to another. _Idem velle idem nolle in re publica, ea demum firma amicitia est_. The nations will at last attain firm friendship one with another in the day when a common moral will controls the scope of public things. And when they have attained this friendship, then on a far higher level of economic development and with an improvement by each nation of its talent which is almost entirely new--they will have found again, if in a different medium, something of the unity of mediaeval civilization.

BOOKS FOR REFERENCE

W.J. Ashley, _An Introduction to English Economic History_, vol. i, pt. 2, ch. 3; vol. i, pt. 2, ch. 6. Longmans.

Lord Bryce, _The Holy Roman Empire_. Macmillan.

A.J. and R.W. Carlyle, _Mediaeval Political Theory in the West_. W. Blackwood.

H.W.C. Davis, _Mediaeval Europe_ (Home University Library). Williams & Norgate.

_Encyclopaedia Britannica_ (11th edition), articles on 'Crusades' and 'Empire'.

J.N. Figgis, _Churches in the Modern State_, Appendix I. Longmans.

Bede Jarrett; _Socialist Theories in the Middle Ages_. T.C. and E.C. Jack.

E. Jenks, _Law and Politics in the Middle Ages_. Murray.

F.W. Maitland, _Political Theories of the Middle Ages_, translated from Gierke's _Das Deutsche Genossenschaftsrecht_. Maitland. Cambridge University Press.

R.L. Poole, _Illustrations of Mediaeval Thought_. Williams & Norgate.

H. Rashdall, _Universities of Europe in the Middle Ages_. Clarendon Press.

A.L. Smith, _Church and State in the Middle Ages_. Clarendon Press.

H.O. Taylor, _The Mediaeval Mind_. Macmillan.

E. Troeltsch, _Die Soziallehren der christlichen Kirchen_ (II. Kapitel).

P. Vinogradoff, _Roman Law in Mediaeval Europe_. Harper.

FOOTNOTES:

[Footnote 15: I should like to dedicate this essay to my friend and old pupil, the Rev. Bede Jarrett, O.P., to whom I owe much, and to whose book on _Mediaeval Socialism_ I should like to refer my readers.]

[Footnote 16: Pirenne, _Revue Historique_, liii. p. 82.]

[Footnote 17: _De Vulgari Eloquio_, 1. viii.]

[Footnote 18: _De Monarchia_, 1. x.]

[Footnote 19: Cf. Carlyle, _Mediaeval Political Theory in the West_, ii. 219-22.]

[Footnote 20: Cf. E.R. Bevan, _Stoics and Sceptics_.]

[Footnote 21: _Die Soziallehren der christlichen Kirchen_, p. 242.]

V

UNITY AND DIVERSITY IN LAW

You know the story of Sophocles' _Antigone_: how, when two brothers disputed the throne of Thebes, one, Polynices, was driven out and brought a foreign host against the city. Both brothers fall in battle. Their uncle takes up the government and publishes an edict that no one shall give burial to the traitor who has borne arms against his native land. The obligation to give or allow decent burial, even to an enemy, was one which the Greeks held peculiarly sacred. Yet obedience to the orders of lawful authority is an obligation binding on every citizen. No one dares to disregard the king's order save the dead man's sister. She is caught in the act and brought before the king. 'And thou,' he says, 'didst indeed dare to transgress this law?' 'Yes,' answers Antigone, 'for it was not Zeus that published me that edict; not such are the laws set among men by the Justice who dwells with the Gods below; nor deemed I that thy decrees were of such force that a mortal could override the unwritten and unfailing statutes of heaven. For their life is not of to-day or yesterday but from all time, and no man knows when they were first put forth.'[22]

There you have the assertion of a law supreme and binding on all men, eternal, not to be set aside by human enactment.

And now turn to this passage from the traveller and historian Herodotus, an almost exact contemporary of Sophocles. He has been telling how Cambyses, king of the Persians, has been wantonly insulting the religion and customs of the Egyptians. 'The man must have been mad,' he says:

'For if one was to set men of all nations to make a choice of the
best laws out of all the laws there are, each one upon
consideration would choose those of his own country: so far do
men go in thinking their own laws the best. Therefore it is not
likely that any but a madman would cast ridicule on such things.
And that all men do think thus about their laws may be shown by
many proofs, and above all by this story. For when Darius was
king he called to him the Greeks who were at his court and asked
them, 'How much money would you take to eat your fathers when
they die?' And they answered that they would not do this at any
price. After this Darius called the men of an Indian tribe called
the Kallatiai, who eat their parents, and asked them in the
presence of the Greeks, who were told by an interpreter what was
said, 'How much money would you take to burn with fire your
fathers when they die?' And they cried with a great voice that he
should speak no such blasphemy. Thus it is that men think, and I
hold that Pindar spoke rightly in his poem when he said that law
was king over all.'[23]

There you have law, king over men and gods, but a capricious monarch commanding here this, there that.

This capricious arbitrary aspect of law was a thing which much impressed the Greeks. They contrasted the varying, artificial arrangements made by mankind with the constancy and simplicity of nature. We speak of nature and convention; they contrasted things that are by nature with things that are by law. It was a contrast that bore fruit later on.

Now law, whose arbitrariness and variety so much impressed the Greeks was the law not so much of this place or that, as of this or that community and its members. This is a conception quite different from that of the modern world. We may paraphrase 'English law' by saying the law of England, because it is the law which will be applied (with, it may be, some exceptions or modifications) by the English courts to all persons, be they English or aliens, who come before them. But Athenian law is not in this sense the law of Athens, nor, to begin with, is Roman law the law of Rome. What we find is a law of Athenian or Roman citizens. The stranger to the city is a stranger to its law. As a matter of principle he is without rights by that law. His life is not protected by the blood-feud which his family can pursue, or by the compensation with which it may be bought off. His marriage with a citizen will be no marriage, or at best a sort of half marriage. He can acquire no land within the city's territory, and what goods he brings with him are pretty much at the mercy of the first taker.

Such, at any rate, is the theory of the 'law of citizens'.

We need not, it is true, believe that it was logically formulated in primitive times and ruthlessly applied. Some of its applications were the result of positive legislation due to a growing consciousness of the self-sufficiency of the city state and of the privileges of citizenship, as when Athens passed a law excluding from citizenship the offspring of citizens who had married foreign wives. But in its broad outlines the principle is sufficiently borne out by the exceptions which were necessary to make human intercourse possible. The stranger within your gates is protected just because he is within your gates, and you throw your protection about him, as is indeed your duty, for suppliants and strangers come from Zeus. The foreigner, even at a distance, may have a citizen as representative who can and will defend his rights. A stranger may be allowed to take up a permanent residence in the city, and by the mediation of a patron or guardian enjoy private rights not much inferior to those of a citizen. His legal position will not be very different from that of a woman citizen, who needs the like mediation. Cities may, again, by treaty confer on each other's citizens reciprocal rights of legal protection.

In the middle of the third century B.C., Rome, after its first successful war against Carthage, took special measures to deal with the problem of the alien litigant. The great and growing commerce which came from all parts of the Mediterranean called for something more than a mere admission to treaty privileges. A special officer was from henceforth appointed to deal with the law-suits to which foreigners were parties, and the judgement was given by a body (which we may compare with our jury) which might include fellow-citizens of the foreign suitor.

But here a difficulty arose: what law was to be applied to a transaction between a Roman and a foreigner, or between two foreigners? The Roman law, the law of citizens, had been codified two centuries earlier, and its outline had been hardened by the practice of two centuries. The forms for a transfer of property, for instance, were rigid and solemn; the foreigner would hardly know them, and if he did, his alien hand could not effectively do the prescribed acts nor his alien mouth speak the almost sacred words. The answer was that behind the forms of the law of this city or that, there was 'a law of the men of all nations'. The common elements in the ordinary transactions of life, in whatever form they were clothed, could be taken into account and given effect to. Thus, side by side with the ownership according to the law of Roman citizens, the solemn words of promise which only a Roman citizen could utter, the marriage which only a Roman citizen could enter into, there might be property, contract, marriage to which any one, citizen or alien, might be a party.

This 'law of the men of all nations' (_ius gentium_) was of course not an international law, it was a law administered by Roman officers, and it was coloured by Roman conceptions, however much it may have drawn from a comparison of foreign laws with which the Romans were brought into contact. In turn it reacted upon the more narrow law of Roman citizens (_ius civile_), broadening its conceptions and enabling it to free itself from primitive formalism. It also made easier the task of Roman governors who were called upon to administer the various laws of the different countries which came to form the Roman empire.

The gradual extension of the citizenship (completed at the end of the second century A.D.) to the whole of the inhabitants of the empire made possible, at least in outward appearance, the application of a uniform system of law throughout what was then the civilized world, though beneath an apparent uniformity local traditions and customs survived to the end, at any rate in the east. The 'civil law', as the Roman law in its final form has been called down to the present day, consists of elements of the narrowly Roman and the more universal law inextricably interlaced.

This Roman solution of the problem of the foreign litigant is of much more than merely practical importance. The Stoic philosophy which grew up amid the decay of the old city life, whose adherents spoke of themselves as citizens of the world, had fastened upon the old antithesis of law (or convention) and nature, and formed the conception of a law of nature, which should have a reasonable basis and a validity superior to the arbitrariness of the city law. To this ideal conception the Roman law of the men of all nations gave a body and a reality. Stoicism became the 'established' philosophy of Rome, and Roman lawyers well-nigh identified the '_ius gentium_' with the ideal law of nature, describing it as that which natural reason has established among all men. Yet for at least one of the great classical lawyers, whose words have been enshrined in Justinian's legislation, the identification was incomplete. By nature, it was said, all men are free, and mankind has departed from what natural reason requires, in permitting slavery. Thus the law of nature must be sought in something more universal than the practice of mankind. More than fifteen hundred years later in an English court an argument against the recognition of the rights of a slave-owner was successfully founded on the law of nature.