Medieval and Renaissance Political Thinkers and their Works

John Lewis  

June, 2002

 

 

Secondary Sources and Readers:

 

J. H. Burns (ed.), The Cambridge History of Medieval Political Thought, (Cambridge: Cambridge University Press, 1988, repr. 1997).

J. Coleman, A History of Political Thought from the Middle Ages to the Renaissance (Oxford: Blackwells, 2000).

A. P. Monahan, From Personal Duties Towards Personal Rights: Late Medieval and early Modern Political Thought, 1300-1600 (Montreal and Kingston: McGill-Queens University Press, 1994).

C. J. Nederman and K. Langdon Forhan (eds.), Medieval Political Theory—A Reader: The Quest for the Body Politic 1100-1400 (London and New York: Routledge, 1993).

K. Pennington, The Prince and the Law: Sovereignty and Rights in the Western Legal Tradition (Berkeley, LA and Oxford: University of California, 1993).

 

Primary Thinkers:

 

Gratian, 12th century; Decretum Gratiani 1140.

              Gratian taught Church Law at the University of Bologna around the middle of the 12th century. He compiled Church laws (‘canons’) from all available sources and called the collection Concordia Discordantium Canonum (the harmonizing of discordant canons). The collection became known as the Decretum Gratiani.  The Decretum addresses the problem of an errant pope at D.40 c.6.

Later additions were made by St. Raymond of Pennafort and promulgated by Pope Gregory IX in 1234 as the Liber Extravagantium (so called because it was outside the Decretum). Other collections were issued by Boniface VIII in 1298 and John XXII in 1317. In 1500, canonist John Chapuis edited the previous collections and added to them subsequent papal decretals. These works together are what came to be called the Corpus Iuris Canonici, or Body of Canon Law.

 

Huguccio (Hugh of Pisa), ?-1210; Summa Decretorum (Commentary on Gratian) (1188-90)

He studied at Bologna, possibly under Gandolphus, and taught canon law, perhaps in the monastery of SS. Nabore e Felice. In 1190 he became Bishop of Ferrara. Teacher of Lothario de' Conti, afterwards Innocent III. 

His Summa observes that a Pope was not answerable to the Church, “unless found to be in heresy.”  This is an early example of conciliarism, the right of a council to rein in a deviant Pope.

Also wrote "Liber derivationum", on etymologies.

 

Bernard of Clairvaux, 1090-1153; Letter to Pope Eugenius III

               Born of aristocratic family and well educated, he entered a strict monastery at Citeaux, with noble friends.  In 1114 he was sent to found new house at Clairvaux.  He wanted to extend monastic ideal to the entire church, including Popes and Kings.  Accused Abelard of Heresy; rebuked emperor Lothair over his support of Anti-pope Antecletus, and spoke in favor of a second Crusade.

               The Letter to Pope Eugenius III was written either 1146 to describe the Second Crusade, or c. 1150 to urge another expedition.  Bernard advocates the “Two Swords” to justify the Pope’s temporal as well as spiritual power.  Bernard cited Luke 22.36-8, where, after his meal, Jesus urges the apostles to buy swords.  In the Garden of Gethsemane Peter drew his sword, but Jesus told him to sheath it, thus the apostles had swords but could not shed blood with them.

 

John of Salisbury: c. 1120-1180.  Metalogicon;  Policraticus (both completed 1159)

               Studied at Paris in the 1130’3-40’s with Peter Abelard, William of Thierry, William of Conches.  1148, in service to Theobald, Archbishop of Canterbury.  1154 Chancellor to King Henry II.  In 1161, with the death of Theobald and appointment of Becket, John went into service to Becket, and followed Becket in exile.  In 1176 John became Bishop of Chartres.

               Metalogicon is a discussion of pedagogy and the state of learning.  Man can attain the product of political association only in context with a refinement of intellectual and rational skills. John here is consistent with Cicero.

               Policraticus: Of the Frivolity of Courtiers and the Footprints of Philosophers:  the first complete work of medieval political philosophy?  Stresses the need for the king’s moral instruction and wise advisors.  Uses a metaphor of body politic to human body: soul (priests), head (king), and body (counsels to peasants).  King can be replaced and, if necessary, killed, if he transgresses his proper limits.

 

Ranulf of Glanville: c.1125-1190; A Treatise on the Laws and Customs of the Kingdom of England Commonly called Glanville (authorship disputed) (c. 1189)

               Roman law was easily adopted by the Church, given their common historical roots, their hierarchical organizations and their stress on an imposed power.  But feudal customs were less adaptable to Roman Law.  This treatise, written in the court of Henry II, tries to reconcile Roman Law with feudal customs. Common law derived from customs is law, according to this treatise, but this is maintained through legislation and kingship that is Roman in conception.

 

Brunetto Latini, c. 1220-1294; The Book of Treasure

               A Florentine, Latinin was exiled to France 1260-66.  Livre du Tresor steps through theoretical philosophy, ethics, and rhetoric and politics.  A contractarian understanding of the obligations between rulers and ruled, and practical means to implement and enforce this.  His politics rightly includes all the arts needed in the human community, yet he limits himself to matters concerning the king and his office.  This is an early understanding that social matters should be differentiated from matters of government.

 

Thomas Aquinas, 1225-1274; On Kingship; Summa Theologiae; Commentary on Aristotle’s Politics

               Educated at the Abbey of Monte Cassino, then at the University of Naples, he continued his education at the Universities of Paris and Cologne.  His works cannot be summarized here except to indicate that he is the foremost thinker to attempt to reconcile Aristotle with Church doctrine.

 

Giles (Aegidius) of Rome (Egidius Colonna), 1247-1316; On Civil Government (de Regimine principium)

               Augustinian; studied in Paris under Aquinas, given a chair at Paris, tutored Philip the Fair, son of Philip III of France.  On Civil Government was written at request of the King; it aims to deal with everything a King needs to rule well: education, courtly life, political theories.  This shows a strong Aristotelian influence, as Aristotle’s Politics first appeared in translation in the 1260’s.  For instance, the tyrant rules for his own good, and the king for the good of the community.  He reflects a generally pro-monarchy, pro-papal stance, although he speaks of a “natural state” in which there was no property, only claims.

 

Ptolemy of Lucca, ?-1327; De Regimine Principum. 

              This was attached to manuscripts of Thomas   Aquinas, his teacher.  Ptolemy was Bishop of Torcello in 1318.  He writes that Republicanism is best where the spirit of the people is strong and freedom is valued.

 

John of Paris, c. 1250-1306; On the Regal and Papal Power (1302-03)

               One of the most prominent scholars in Paris at end of 13th century; wrote a defense of Aquinas against Franciscan critics in 1285.  He wrote many other works, dealing with philosophy and theology.  Why did he write on politics?  After 1296, Philip IV the fair was in controversy with Boniface VIII over a king’s right to tax church property.  Like most French clerics, the Dominican John of Paris urged Philip to bring Boniface to trial.

               On the Regal and Papal Power makes what may be an early statement of property rights.  John argues that church officials may be concerned with material property, thus arguing against radical ascetics; on the other hand, the Pope is not an earthly ruler.  Ultimately John claims that use and ownership cannot be divided, and that a peasant’s use of his land means his ownership of it.  This is true even if Kingly and Papal officials have jurisdiction over it.  In terms of Papal authority over the Church, John maintains a distinction between the man and the office.  This means that the pope is both the highest authority and answerable to the body of the Church.

 

Joannus Monarchus, ?-1313; Glossa Aurea Supra Sexto Decretium Libro

               A prominent canonist; advisor to Philip the Fair, and made a Cardinal by Celestine V.  He supported a definite position for the cardinals in relation to the Pope by using standard corporation theory:  “The Pope relates to the college of Cardinals as any bishop in respect of his college [of canons].”  Consequently, the Papal authority is limited in the sense that a wise Pope will consult with the Cardinals in order to make his pronouncements legally binding.

 

Guilielmus Durantis (William Durant), ?-1330; Tractatus de Modo Generalis Concilis Celebrandi

               A French Bishop, he saw Papal authority as limited not by the cardinals but rather by the local churches.  The Pope was a Bishop with a relationship to his cathedral chapter, and was constrained by Canonical legislation (unless approved by a Church council).  He invoked as his theme the well-known quod omnes tangit ab omnibus approbetur—“what touches all must be approved by all.”  His arguments were based solely on texts from the Decretum.

 

Marsilius of Padua, 1275-1342; The Defender of the Peace (1324)

               His early training was in medicine at Padua under Peter d’Abano.  He brought training in observational biology and dialectics to University of Paris, where he was rector in 1313.  The Defender of the Peace (1324) was published anonymously; in 1326 authorship became known and Marsilius fled to Paris and the protection of the Bavarian Emperor Ludwig.  Ludwig was in controversy with papacy over the Pope’s unwillingness to recognize his position as Emperor.  Marsilius may have been involved in the King’s 1327 march over the Alps into Italy and his coronation by the Roman people.  Marsilius became the Emperor’s “Spritual Vicar” of Rome.  Ludwig forced out of Rome in 1329; Marsilius remained at his court.

               Structurally, there are 3 parts to the treatise.  The first deals with kingly power; the second with powers of papacy and priesthood; the third is a summary.  This is a strong differentiation between political and ecclesiastical powers.  Papal attempts to regulate temporal affairs are seen as disruptive; the discourse is in favor of a conciliar rather than authoritarian form of church governance.

 

William of Pagula, c.1290-1332; The Mirror of King Edward III

               William was a parish priest who also earned a doctorate in Canon Law (1320).

               The Mirror of King Edward III is two texts, the first of 1311 and the second probably of 1312 is a revision.  William argues against purveyance, the means by which the King taxed the peasantry outside of normal channels, either by outright confiscation or buying at fixed non-negotiable rates.  The affects of this on the peasants were terrible, and William defends them by claiming that the most humble of the King’s subjects deserves his protections.

               Other works include Also The Eye of the Priesthood, a canon law and theological guide for parish priests; and The Summary of Summaries, a more academic treatment of these issues.

 

William of Ockham, c. 1285-1349; Whether a Ruler can Accept the Property of the Churches for his Own Needs, Namely in case of War, even against the Wishes of the Pope (1338)

               Born in Ockhan, Surrey, early education probably Oxford; Subdeacon of St. Mary’s, Southwark (1306).  1310-1324 Oxford, called “Venerable Inceptor.”  Indicted at Avignon in 1324 under influence of Chancelloer of Oxford John Lutterell; 1324-28 under house arrest in Avignon.  With other Franciscans (persecuted for “spiritualism”) he escaped to court of Ludwig of Bavaria.  William spent rest of life defending the Franciscan ideal of apostolic poverty and the Imperial aims of Ludwig.

               Whether a Ruler can Accept . . . is his first political work.  In 1337 Edward III and Ludwig allied, albeit briefly.  William defended Edward’s right to tax the peasantry and denied the Pope’s right to interfere.  Therefore William attacked the Pope’s claim to a “plenitude of power,” dominion over the offices and property of the laity.

               His further political works are based on Whether a Ruler can Accept . . ..  these include Dialogue (1339-41); Short treatise on Tyrannical Government (1341); the Eight Questions on the Power of the Pope (c. 1341), and On Imperial and Pontifical Power (1346-47).

 

John Wyclif, 1330-1383; On Civil Lordship (1374-5); On the Duty of the King (1378-9), treatises within his Summary of Theology

               From Yorkshire, Oxford educated, supported by absentee clerical offices (a common practice).  John’s theological writings were controversial, but he was never condemned, maybe due to connections to Royal family, esp. John of Gaunt son of Edward III.  Wyclif withdrew from Oxford in 1381 right before a purge of his followers.

               Wyclif claims that civil lordship, over material goods, belongs properly to those who avoid sin.  He distinguishes natural lordship, meaning factual possession of goods, from evangelical lordship, which provides a right to those goods through grace. He advocates minimal law, claiming that divine law in scripture is sufficient for government, and defends monarchy.  He wants to place priests under royal direction without subordinating the Church to secular power.

 

Pierre d’Ailly, 1350?-1420?; On the Sentences of Peter Lombard.

               French Conciliarist who represented French interests at the Councils of Pisa (1409) and Constance (1414-18).  Developed his views at the time of the Great Schism, while a student in Paris in 1379.  Chancellor of University of Paris 1389-95; Bishop, and then Cardinal in 1411 (under John XXII).  Urged a via cessionis position to end the Schism (both Popes would resign, and the Cardinals would choose again.  This contrasted with via concilis, in which a Council would select a Pope from the two existing Popes).  He maintained that the authority of Bishops and Priests came from Christ, not the Pope, and that the Pope’s authority was thereby limited and subject to Council review.  He used corporation theory to argue from administration over relations between Pope and Council.  Although there is a notion of “consent” in his thought, this must not be taken too far; consent meant passive acceptance not active approval.  The people had no more right to withhold their consent than the ruler could default on his autority.

               His Sentences served to advance Nominalism at the University of Paris.

 

Jean Gerson, 1363-1429.

               Student of d’Ailly at Paris.  A dominant conciliarist at Council of Constance (1414-18).  He expressed his view in theological rather than legal / political terms.  He rejected Ockham’s view that the Church could exist in a single person; Gerson saw its priests and its hierarchy as essential to it (only the Holy Spirit could change that hierarchy).  He wrote numerous tracts on the role of the Councils.

 

Franciscus Zabarella, 1360-1429; Tractatus de Schismate (1403-08).

He made the most scholarly and sustained efforts to solve the Schism as a conciliarist.  He studied jurisprudence at Bologna (1378-83) chiefly under the famous Giovanni di Lignano, and at Florence, where he was graduated in 1385. He taught canon law at Florence (1385-90) and at Padua (1390-1410).  Councilor of Venetian legate at the Council of Pisa in 1409; Bishop of Florence in 1410.  He opted for a legal solution to the Schism, drawing on John of Paris and corporation theory.

               “The statement that a Pope has a plenitude of power should not be understood to mean that he alone possesses it, but that he has it in virtue of being head of a corporation (universitas) such that this powewr resides fundamentally in the corporation, and in the pope as its first minister through whom the power is expressed” (Commentaria 109va).

 

Christine de Pizan, c. 1365-1430; The Book of the Body Politic

               Born in Venice; daughter of doctor and astrologer.  Father trained at University of Bologna, and appointed to court of Charles V of France.  Wrote poetry, warfare, politics, chivalry, and works for women.

               The Book of the Body Politic uses a metaphor from John of Salisbury’s Policraticus.  This is an organizing principle, but possibly also a warning to the prince that the people will revolt if he does not rule well.  The organization follows the three estates in France: the Prince, the Nobles, and the Commons (including the clergy, merchants and students).

 

Bartolus of Sassoferrato, 1314-1357;  Treatise on City Government

Bartolus is a legal realist of the Italian Renaissance; he argues that the original government of Rome developed from the people, and that actual conditions must set the terms for law.  The law must reflect those conditions.  In fact there are now multiple polities in Italy, and they are not under a single rule.  There is no single hierarchy of rule in the world.  From this de facto position he develops de iure justifications for the independence of the Italian city-states.  Custom and popular assent are necessary to considering the legitimacy of a regime.

 

Baldus de Ubaldus, 1326?-1400

Baldus taught and practiced law in Perugia, Pisa, Florence, Padua and Pavia.  A student of Bartolus, he was a legal practitioner and not primarily a theorist.  His legal opinions may have totaled some 7 million words, making him the most prolific jurist of his time.  A legal realist, he stressed the need to apply law to real situations. 

The real independence of the Italian city-states is not over-ridden by the theoretical claims of law.  The de iure jurisdictions of Pope and Emperor must be distinguished from de facto conditions in various states.  To resolve this, Baldus (like many legal scholars) distinguished absolute powers from ordinary powers (potestas absoluta et potestas ordinaria); the Emperor allows local conditions to continue by using only his ordinary powers.  If the Emperor were here his approval would be needed; but, he is not here.

The Emperor holds power from via selection by the people.  (1) the people are sovereign under God; (2) the people transfer power to the emperor; (3) Christ confirms this through “render unto Caesar; (4) the Pope crowns the Emperor to complete the process.  (This sophisticated idea of a corporate juristic populus could be expanded into a theory of popular sovereignty.)

 

Coluccio Salutati, 1331-1406

               Elder Statesman of the 15th century Florentine Humanists.  Trained in Rhetoric at Bologna, under Pietro de Muglio.  Praised Petrarch’s rediscovery of classical thinkers, and praised republican government.  He equated liberty and independence with participatory self-government without foreign intervention.  Citizens needed to participate in government and in military defense.  He saw Florence as founded by the republican Sulla, not the tyrant Caesar.

               His later A Treatise on Tyrants (c. 1400) supported a single ruler, and praised Caesar.

 

Leonardo Bruni (Aretino), 1369-1444; History of Florence

Follower of Salutati.  Trained in rhetoric in Florence in the 1390’s.  Secretary to the Papal Curia in 1406; returned to Florence as Chancellor in 1416.  Praised the life of action, not contemplation; saw republican government as allowing men to rise to honor.  (A return to the life of contemplation occurs after the collapse of Florence’s republican republic in the 1480’s; as Marsilio Ficino and Pico della Mirandola.)

He made the treasures of the Hellenic world accessible by translating into Latin Greek authors such as Aristotle, Plato, Plutarch, Demosthenes, and Aeschines.

 

Pier Paulo Vergerio

               Follower of Salutati.  Wrote a letter to the Chancellor of Venice in 1394 praising the city’s mixed constitution.

 

Poggio Braccidini, 1380-1459

               Follower of Salutati.

 

Nicholas of Cusa (Cusanus), 1401-; de Concordatia Catholica (On the Harmony of the Church) (1433).

               Prominent at the Council of Basle, 1432.  Trained in Canon law at Padua.  Argued philosophically from Neoplatonic premises in favor of a hierarchy in reality (of which the Church was a major part) and in rationality in natural law.  Consent is therefore a sign and expression of reason in human affairs.  He layed out legal guidelines for convening a Council and for the authority of the Pope.  He saw the Church as a hierarchy with the General Council at its head and the Pope as an administrator.

 

Aeneas Silvius Piccolomini, 1405-68; De Ortu et Authoritate Imperii Romani (1446), (Pope Pius II in 1458)

               Spoke of humans coming together out of a pre-political stage; from rational decision after living like beasts (De Orto 1.391).

 

Francisco Patrizi, 1413-1492; De Institutione Reipublicae (On the Institutions of the Republic) 1460’s.

               Part of the republican revival in Florence after the Peace of Lodi (1454) formalized the triumph of the princes over the republic.

 

Alamanno Rinucci  Dialogus de Libertate (Dialogue on Liberty) 1470’s.

               Part of the republican revival in Florence after the Peace of Lodi (1454) formalized the triumph of the princes over the republic.

 

Donato Acciavoli Wrote Commentaries to Aristotle’s Nicomachean Ethics and Politics

               Part of the republican revival in Florence after the Peace of Lodi (1454) formalized the triumph of the princes over the republic.

 

Girolamo Savonarola, 1452-1498; Treatise on the Regime and Government of the City of Florence

               Savonarola was a Dominican preacher who reformed the Dominican order and proposed turning Florence into a Christian Commonwealth.  He condemned Pope Alexander VI, was excommunicated and tried for heresy, and was hung and burned.

Savonarola followed the ideas of Ptolemy, Bartolus and Baldus.  After the 1494 French Invasion, coup and flight of the Medicis from Florence he opposed the party of the Medici, who gathered power and advocated their return.  Theoretically he taught that Monarchy is not proper for Florence; citizen councils with properly delegated powers are best.  His theory is based on popular sovereignty.  He is both a figure associated with protecting the Florentine Republic in the face of the growing power of princes, and a religious reformer.

 

Tomasso de Vio (Cardinal Cajetan), 1468-1534; Commentary on the Summa Theologia of Thomas Aquinas and On the Authority of Pope and Council.

               An Italian Dominican, educated at taught at Rome.  A major figure in the revival of Thomism in the late 15th and early 16th centuries.  Under natural law, the people choose their rulers; the people ar part of the causal process that begins with God.  Domingo de Soto (1495-1560), his pupil, followed him in claiming that the people have a right to choose their leaders.  The people, therefore, can depose a tyrant.

 

Alonzo de Castrillo, Treatise on the Republic (1521).

               A Spanish political writer, his Treatise examined how modern political societies come into being.  He is Augustinian in that he sees society as arising from man’s originally sinful condition, but is Aristotelian in that he sees a reference to natural law as necessary for society.  “Society” is natural, but “political society” was a reasonable rather than a natural condition for mankind.  Man must obey the monarch in order to avoid greater evils.

 

Juan Luis Vives, 1492-1540; De Concordia et Discordia in Humano Genre (On Harmony and Disharmony in Human Generation) (1529).

               Great Spanish Humanist, following Erasmus.  Agrees with Castrillo in that political societies were responses to sin.  Original societies were natural, but not polities.

 

Francisco de Vitoria, 1483-1546;

               From Burgos, Spain; a Dominican, studied at Paris; back to Spain in 1523.  For Vitorio, natural law was the reason  humans formed political societies; this differed from humanists, who focused on convention (agreement) and not nature.  At root, all humanists stressed reason as the basis of political societies.

 

Lorenzo Valla, 1405-1507; Elegantia litinae linguae libri sex (The Elegance of the Latin Language in Six Books).

He stressed active reinterpretations of Classical texts and Christian scriptures using methods that rejected the scholastic “commentary” approach.  He taught at Pavia (which he was forced to leave), Genoa, Milan, Rome and Naples.

His Treatise of Lorenzo Valla on the Donation of Constantine showed the donation to be a forgery.  (This was claimed to be a Donation, by the Emperor Constantine, of the Vatican to the Pope.  This was the historical basis for the Pope’s claim to political rule of the Papal States.  The so-called “Donation of Pepin,” Charlemagne’s father, re-established the claim and the emperor’s role in defending the Pope.)

 

Ulrich von Hutten, 1488-1523

Printed Valla’s Donation in an edition that influenced Luther.

 

Andrea Alciato, 1492-1550; De verborum significatione (On the Signification of Words) united philology with ancient law.

               A practicing jurists who followed Valla.  He was  Professor at Avignon from 1518, and at Bourges from 1527; from 1534 to 1550 he taught at Pavia, Bologna, Ferrarra and Pavia.  He brought new methods of textual analysis into the northern areas.  Rather than developing scholastic commentaries, this method stressed active engagement with the text, and clear understanding of historical setting and context.

 

Guillaume Bude/, 1467-1540; Annotationes in Pandecta 1508

               A polemic on scholastic interpretations, used Valla’s and Alciato’s textual methods in the north.

 

Mario Salamonio, 1450?-1532; Patrii Romani de Principatu Libri Septem 1544

               After the 1512-1514 crisis and the first return of the Medici, Salamonio considered that the wealth of the Florentines and their military weakness invited attack, a position repeated by Machiavelli and Guicciardini.  Effective political institutions should be based on the whole body of citizens: “The imperium of the Roman people with no princeps or true overlord in Rome, but only a minister of the people.”

 

Niccolo Machiavelli, 1469-1527;  The Prince; Discourses on Livy; The Art of War; Florentine History

               A seminal figure who cannot be summarized here.  A major innovation is his explicit contrast between Christian virtues (e.g., humility, Agnegation, contempt for the mundane) versus Roman virtues (magnanimity, strength, boldness).  The Prince needs the latter. 

               The Prince completed 1513; dedicated in 1515 to Lorenzo the Magnificent.  Offers the ruler advice and non-Christian virtues.

               Discourses on Livy: 1519.  Concerned with regaining republican ideals

 

Francesco Guicciardini, 1483-1540; History of Italy

               Loyal to the Medici, to whom he was cemented by marriage.  Lawyer, diplomat, general.  His Storia d'Italia covers the period from the death of Lorenzo de'Medici in 1492 to that of Pope Clement VII in 1534, including the sack of Rome in 1527, which he was unable to prevent.

 

Donato Giannotti  Libro della republica de Viniziani (Book on the Republic of Venice) 1540.

               After the turn to princely rule in Florence, Venice continued to hold onto republican government.  Giannotti admired Venice.

               He returned to Florence from Venice in 1527, during the second expulsion of the Medicis.  Organized civilian militias to oppose the Medici return 1529-1530.

 

Gasparo Contarini, 1483-1542; The Commonwealth and Government of Venice 1543.

               Praised the republican government of Venice after the final fall of the republic in Florence.

 

Desiderius Erasmus,  1466-1536; The Complaint of Peace

               Dutch humanist.  His position in relation to the Church is beyond description here.  His Complaint rejected coercion to defend political society, including “Just War” theories going back to Augustine.  This rejection of military power is an important difference between Italian and Northern Renaissance thinkers.

 

Thomas More,  1478-1535; Utopia

               Belongs to the “Northern Renaissance,” if this is defined as being north of the Alps including the Iberian Peninsula.  Life-long friend of Erasmus.  1503 Member of Parliament; 1529 Lord Chancellor.  Beheaded for his opposition to Henry VIII’s marriage to Anne Boleyn, and for refusal to recognize Henry as head of the Anglican Church.

 

John Major, 1467-1500.

               A Scot, educated at University of Paris; taught at Glasgow, Paris and St. Andrews.  Renown scholastic theologian at Paris.  Historian of Great Britain; teacher of Scottish Humanism.  He thought it impossible that an errant Pope was not subject to judgment and even deposition by his subjects.  Like a king, the Pope is rex singulis major; universo minor (king is superior to any individual in his kingdom, but is inferior to the citizenry as a whole).

 

Jacques Almain, c.1480-1515; Tractatus de Auctoritate Ecclesiae et Conciliorum Generalium (1512).

               Student and colleague of Major at Paris, and at Navarre.  A conciliarist, his Treatise was a response to the Dominican Cajetan’s support of Julius II’s repudiation of the Council of Pisa in 1511.  (The French Louis XII and the Emperor Maxmilian has called the Council to bring pressure against Julius due to the Pope’s claims on northern Italy.)  Like Major, he upheld a theory of ecclesiastical polity.  Like Major, he thought the Church a monarchy, but of a kind where the monarch is not superior to the citizenry as a whole, only to any one individual in it.

 

Martin Luther, 1483-1546.

               Cannot be summarized here; one political point to be made.  Luther is Pauline in that he maintained that the people have a duty to obey the prince.  The people, he maintained early, have no right to revolt; his Secular Authority: to What Extent it Should be Obeyed(1523) sets out his basic doctrine of two parallel (not hierarchical) spheres of authority, each of which must be obeyed as that sphere demands.  Disobedience is sinful.  If a tyrant demands that subjects act in non-Christian ways, they must disobey, and then humbly accept the consequences.  Active revolt is always wrong, since tyranny is always a providential response to sin.  Against the Robbing and Murdering Horde of Peasants (1524) was a response to such the Peasant’s Revolt in Germany.  He opposed radical protestants who wanted such revolts, probably on theological grounds.  In 1523 his Secular Authority maintained that a prince could not oppose an attack by the Emperor, although he could oppose another prince.

               His answer of 1530 to his princely protector, who feared an anti-Lutheran attack by the Emperor, was not a serious reversal of his position.  He rejected any opposition to the Emperor if based on his Imperial oath of office, or natural law, or pending appeal to a church council.  But, 7 months later, the Augsburg Diet rejected the Augsburg Confession of Melanchthon and demanded that Lutherans return to unity with Rome.  Philip of Hesse, esp. his Chancellor Gregory Brueck, drew a position that maintained that each prince received his authority from God and had a duty to protect his subjects.  In October 1530 Luther followed this by signing the Torgau Declaration, from a meeting of Protestant Theologians at Torgau Castle Oct. 25-28.  They renounced any scriptural or theological opposition to that which seemed to have legal justification.  By 1536 the Natural Law doctrine of Melanchthon was accepted by Luther, and in 1539 he accepted armed resistance based on the Emperor’s position as an agent of the Pope.  (See A P Monahan 208 f. for this interpretation.)

 

Philip Melanchthon, 1497-1560.  The Augsburg Confession (1530)

               Collaborator with Luther.  Taught in Wittenberg for 42 years.  The Confession (Confessio Augustana) tried to show that Protestants had the right to remain in the Catholic Church.

 

John Calvin, 1509-1564.  Institution of the Christian religion.

               Cannot be summarized here.  His theocracy in Geneva was a full-sale implementation of Protestant political ideas.  By combining the idea that people should be loyal to legitimate rulers, and then basing legitimacy on his interpretation of the scriptures, he becomes fully as theocratic as any Catholic theocrat.

               His doctrine of conscience is how a person grasps the general tenets of natural law.

 

George Buchanan, 1506-82; De Iuri Regni apud Scotos (On the Powers of the Crown of Scotland) (1579).

               A Scottish student of Major in Paris.  Adopted Scottish Reformed religion in 1560.  Returned to Scotland in 1560.  De Iuri is reasonably systematic, and justified the deposition of Mary Queen of Scots.  Also wrote a History of Scotland.

               He stated that the Pauline injunction to obey the  ruler did not apply to tyrants; this may have disagreed with early Lutheran teachings (but agreed with Luther post-1530).  Rulers are chosen by popular election, and rule for the common good.

 

John Ponet, 1514-1556; Short Treatise of Politic Power (1556).

               His Treatise may be the first complete doctrine of resistance by a Protestant on other than purely religious grounds.

 

Juan de Marina, 1534-; De Rege et Regis Institutione (1599).

               Spanish neo-Scholastic; Jesuit; taught in Paris and Rome.  Infamous for a doctrine of tyrannicide, which followed from the assassination of Henry III by a radical French Dominican, Jacques Clement, in 1589.  His works burned in Paris in 1610 by order of the Parlement.  On tyrannicide see also De Tyrannia by Bartolus of Sassoferrato, and the Tractatus de Tyranno of Coluccion Salutati.

               He also distinguished between contracts by which people bring a government into being, and those by which people agree to follow a particular leader.

 

Francesco Suarez, 1548-1617; On Laws (1612); Defense of the Catholic Faith (1612).

               Spanish neo-Scholastic; Jesuit; Counter-reformation figure.  Generally Thomistic in approach to law.  Placed important emphasis on custom as unwritten law.  Also, by basing property on the original reasoned contract to form a political society and the consent of the people he stressed the role of free will.  The people’s obligation to obey followed the legitimacy of the office, and tyranny absolved the people of that responsibility.

 

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John Lewis
classicalideals@yahoo.com