continued
The investiture quarrel  
The dispute of universals was essentially discussed in small circles on the theological 
and philosophical level. Its outcome formed the theoretical prerequisites for political 
dominance of the church. On the other hand it is in complementary relation to the 'investiture quarrel'.  Both fit together like theory and practice. The investiture 
quarrel  is the pragmatical consequence of the philosophico-theological 'dispute 
of universals'.   It is the territorio-political  outcome of the theoretical developments within the church. Scholasticism is not merely scholarly in this context, it shows 
clearly its  political goals. 
Evidently, the Neoplatonic outcome of the dispute of universals is the basis of the 
harsh constitutional and political claims of a whole series of popes.  We will discuss 
this more in details in the following.
 Early tensions, cooperation and dependence of the pope 
 
The investiture quarrel smoulders already at the end of the 8th century, particularly 
at the coronation of Charlemagne. It was on Christmas day of the year 800 in the 
church of Saint Peter in Rome. In various contexts pope Leo III. had taken some decisions very independently, above all, decisions which contradicted Charlemagne's ideas of 
rulership. Particularly disturbing were the pope's ideas about the function of the 
church within his own territories.
 
In the year 813 Charlemagne's son Lewis is crowned to become his co-emperor in Aachen. 
Decisions and celebrations happened without the pope, a clear power-demonstration 
against Rome. However, cooperation dominates in the 9th century, in the time of the 
division of the Franconian empire. Lewis the Pious (814-40) lets himself be crowned in 
816, in Reims, by  pope Steve IV. (816-17). During the period of the division of 
the empire, the crownings of the emperors were performed by the pope. 
 The church during the Saxonian-Ottonian empire
 
 
At the beginning of the High Middle Ages (10th century), after Conrad I. (911-18), 
the last Franconian, the Saxon emperors Henry I. (919-936) and Otto I. the Great, 
returned decisively to Charlemagne's  philosophy, particularly with the military 
conquest of new territories (925 recovery of Lorraine, 928 fights against Slavic tribes, 933 
victory over Hungarians). These territorial extensions greatly strengthened their 
position.       
Consequently, Otto I. the Great (936-973) keeps Charlemagne's tradition and celebrates 
his coronation not in Rome, but at Aachen.  The archbishop of Mainz put the crown 
on his head. In 939 Otto is successful in fighting a riot of the dukes of Franconians, 
Bavarians and Lorraine. During his first campaign to Italy (951/ 52), he declares 
himself king of the Franconians and Langobards without having any elections nor a 
crowning ceremony. In 955 Otto conquers the Hungarians on the Lechfeld. They are 
converted and settled. Steve the Saint (997-1038), the Hungarian king (the crown was sent by 
the pope) is thus directly dependent of Rome. In that same year (955) Otto conquers 
the Slavs at the Rechnitz. The intensive proselytization of the Slavs is supported 
by the establishment of numerous bishop-headquarters (Schleswig, Oldenburg, Havelberg, Brandenburg, 
Meissen, Merseburg and Zeitz), which are all united (968) under the control of the 
archbishop of Magedburg. Between 961- 965 Otto undertakes his second campaign to Italy. Pope John XII. had called him for help. In February 962 the emperor is crowned 
in Rome. In return, Otto guarantees the 'donation of Pippin' (which corresponds to 
the factual state territory of the Roman church). The emperor's rights too are renewed in Rome under the title 'Ottonianum'. Under the successors of Otto the Great, namely, 
Otto II. (973-83) and Otto III. (983-1002) and Henry  II. (1002-24) the German empire 
is consolidated. 
The Saxonian-Ottonian monarchy made the church an important suprastructural support 
of its own ruling, mainly by  giving  secular authority to bishops and abbots in 
contrast to the infrastructure of the autochthonous dukedoms. These distinct bishops 
and  abbots had princely power and represented the supreme imperial position below the ruler. 
 In view of Rome, however, the empire maintains its claim of full control over the 
church in regard to the "investiture" of the bishops and abbots. The  possessions 
of the Franconian church had greatly increased but it remained part of the Franconian 
imperial asset. The popedom is shown in great dependence of the empire. 
 During his Italian campaign (996), Otto III. sets his cousin Brun on the pope's throne. 
As pope Gregory V. (996-999) he will head the coronation ceremony of Otto  as emperor. 
Otto is  affected by the glory of Rome and its centralism. In 997 he develops the idea of the renovation of the Roman empire ('Renovatio Imperii Romanorum'). Rome 
was planned to become the imperial residence from which the empire and its parts, 
namely Germania, Roma, Gallia and Sklavenia would be governed. In the year 1001 he 
offers himself the title 'servant of the apostles' ('Servus Apostolorum'). This was to ease 
his influence over Poland and Hungary. Both were under control of the holy chair.
 
The Franconian-Salian emperors, the reform-popedom and the investiture quarrel proper 
Under Conrad 11. (1024-39) the kingdom of Burgundy joined the German empire. On his 
first campaign to Italy (1026/ 27) Conrad is crowned, first in Milano with the iron 
crown, then, in Rome, with the imperial crown. Ten years later, in the second Italian 
campaign (1037/ 38), he suffers a sensitive rebound. Aribert of Milano, who is supported 
by the aspiring middle class, entails to him the first defeat of a German emperor 
against the Lombardian cities. In 1046, at the synodical meetings of Sutri and Rome, 
Henry III. (1039-56)  eliminates three popes he dislikes and  blocks the influence of 
Roman nobility on the election of the pope. With Henry IV. (1056-1106) the Franconian-Salian 
empire came into the crossfire of the reformatory popedom, respectively into the swirl of the investiture struggle proper. Partially under the influence of the Cluniacensic 
reform movement, which had been active already in the 10th century, pope Leo IX. 
(1049-1054) starts to consolidate the papal position within the church. 'Simonism' (purchase of spiritual dignities) provides the pretence for the demand that bishops 
are elected by the clerus. Evidently, this was  a first clerical attack on the investiture-rights 
of the king. The second attack: in the decree regarding the election of the pope edited in 1059 by Nicolas II. (1058-61) the election of the pope becomes 
fully independent of any worldly power. 
The investiture-quarrel proper, however, breaks out with Gregory VII. (1073-1085). 
He vehemently follows the papal hard liners among his predecessors. He writes down 
his program in the so-called 'Dictatus papae'. Therein he demands, first, the exclusion 
of any intermingling of worldly powers into the internal affairs of the church, second, 
the leadership of the church over the world, and ultimately the enforcement of the 
pope's sovereign power within the church. 
At its synodal meeting in 1075 the church renews its law of 1059 which prohibited 
any laic investiture. The provocation was clearly directed towards the German crown. 
The next year (1076), in January, Henry IV. declares the deposition of the pope at 
the synodal meeting of Worms along with the German bishops. In this same year at the synodal 
meeting, the church concludes the deposition and excommunication of the German king 
under pope Gregory VII. The verdict is considered as a papal punishment. It also 
frees the king's subjects from their oath of allegiance. Evidently Henry is loosing grounds 
in his own domain. In October at the 'princely day' of Tribur, in presence of papal 
legates,  the German princes decide to depose the king under certain conditions. 
In the following January (1077, 25.-28.) Henry goes on his famous gait to Canossa planned 
as his humiliation. However, through church-penance, he forces the pope to suspend 
the spell. Three years later (1080) the king is again excommunicated by pope Gregory. 
In the same year archbishop Wibert in Ravenna is elected as anti-pope. In 1083 Henry 
conquers Rome as part of his first expedition to Italy. In the following year (1084) 
he is taking the imperial crown provided by the anti-pope Clemens III. Gregory remains besieged in the Angels'-Castle. He is later, however, liberated by Normans called 
for help. Henry IV. must leave Rome. But due to heavy looting of the Normanic armies 
Gregory too must leave the city. He dies the same year in Salerno.
 
Thus, harsh rank-fights happen on the supreme political scenery. The hard pace of 
the popedom is clearly interlinked theoretically with the 'dispute of universals', 
which, at the same time, gains  increasingly absolute spirituality, resp. independence 
of worldly  impacts. Despite the dramatic situations, the German power over the church 
is, however, not yet shaken. The attempt of pope Gregory VII. to establish the unity 
of the church and the world under papal leadership has failed for the moment. 
Nevertheless, it is not astonishing, that in this period the church, for the first 
time, advertises also for crusades. Originally, the crusade idea came up with the 
advancing Seldschuks in Syria and against Jerusalem. It is however evident that the 
concept of a 'holy' war fits very well with the new concept of a supra-worldly church state. 
      
In 1074 already, pope Gregory VII. plans himself at the  head of an army of knights. 
He considers himself as a 'leader'  of the Roman type ('Dux') and as bringing help 
to oriental Christians in the role of a 'pontifex' (priest, Roman term!). Its intention 
was not only the 'liberation' of the holy grave,  the enlargement of the 'spiritual' 
empire was also on the program. The union of the Greek and Roman church was the ultimate 
goal.  At the synodal meeting of Clermont, pope Urban II. presents his famous, very enthusiastic speech in favour of the holy war ("God wants it"). Western knights 
and princes line up behind him. Worldly power supports the 'spiritual sword's holy 
war'. 
For more than hundred years these mostly catastrophic events continue, often at the 
edge of the absurd (children's crusade). We have difficulties to understand all this 
today.
However, in our framework of dominantly  constitutional traits of religion, these 
excessive  events can be understood as an outcome of two imperial constitutions competing 
for the same territories. In analogy to worldly powers,  the holy state claims the 
right for  its holy war. In other words, the crusades are a direct expression of the 
completed constitutional consciousness of the church of Rome. 
The peak of 'spiritual' power: the effects of the dispute of universals
 
During the 12th (and 13th) century the popedom reaches the peak of its power. It is 
successful in breaking the dominance of the German church. Church-law has become 
completely independent. The completion of the universal church controlled by the 
pope is reached around 1140 with the 'Decretum Gratiani'. With later additions this initial 
collection of church laws appears today as the factual body of canonical law (Corpus 
iuris canonici) of the Roman church. Nota bene: still today with the claim of absolute 
validity! 
In the second half of the 12th century, the investiture problem comes up again.  In 
the continued struggle for leadership between imperial and clerical powers, Frederic 
I. 'Barbarossa' (1152-1190) is confronted with the claims of pope Alexander III. 
(1159-81).  In a conflicting papal election pope Alexander wins support in Sicily, in Lombardia, 
France and England against his opponent, Victor IV., favoured by the emperor. Alexander 
further manages also to strengthen the league of the Lombardian cities against Frederic.  Frederic answers with his 4th campaign to Italy (1166-68). However,  
a plague in Rome prevents him from realising his plans.  In the course of his fifth 
campaign to Italy (1177) he is defeated at Legnano.  Consequently he was forced to 
conclude a peace treaty with the pope. 
In the first half of the 13th century pope Innocence III. (1198-1216) continues with 
the strategy of Gregory VII. He again strives for absolute superiority over the church 
(1215, Lateranic concile) and for absolute superiority over the worldly states (in 
1213 England became papal fief). The absolute papal superiority over the church state 
and its extensions is restored. In the line of the New Testament pope Innocence III. 
consolidates his position as governor in place of St. Peter, Christ and God ('Vicarius Christi'), from whom the worldly sovereigns receive their territories as fiefs. He 
widely abolishes episcopal power, replaces it by the highly centralised papal institution 
of legates. Sicily, England and Portugal are declared as papal fiefs. At different occasions Innocence III. intrudes into state politics of Germany, France and Norway. 
Legates are delegated to Serbia and Bulgaria.  In the year 1215, at the 4th ecumenical 
Lateranic concile, the first decisions are made in regard to the episcopal inquisition. The church creates its own 'spiritual' court.  Early in his career already (1202-04) 
pope Innocence III. calls the nobility of Europe to a new crusade, the fourth. Constantinople 
is conquered by the crusaders, the 'empire of the Latin emperor' is set up. However, the planned union of the Greek church with the Roman church has failed. 
 
In spite of this failure, the map of Europe shows something surprising now. Innocence 
III. and his precursors had managed to form a 'pseudo territorial' empire, which 
is nearly double the size compared with that of the Hohenstaufens at the same time. 
It disposes not only of an elaborated 'spiritual' administration system in these territories, 
it dominates them by its monopoly over the God-given  imperial crown. 
Pope Gregory IX. (1227-41), later Innocence IV. (1243-57) continue the fight for the 
church's  domination. Since Gregory IX. the inquisition against the heretics is directly 
under the pope's control. From then on cruel investigations are performed.  Those 
found guilty were transferred to the worldly court, which executed tortures and death 
penalties (often by burning in public). In the year 1231 the death penalty is introduced 
for heretics in France and Germany.
It is clear now, that the enormous rigidity of its aims shown by the church in this 
time, is clearly focused on a coherent legal system, on a constitution. An independent 
church law is created which supports the supreme papal power over the church and 
over the worldly states. This consciousness of a 'godly spiritual state' over worldly 
states increasingly develops strict centralisation of control e.g. through legates. 
It further integrates the 'worldly' fief system and sets up its own court for its 
'subjects' in 'spiritual' matters. This was the famous inquisition which raged several hundred 
years over Europe. It allowed the abhorring investigations and convictions of 'spiritual' 
opponents (in the 16th/17th century men like Giordano Bruno or Galileo Galilei). And, finally, not surprisingly, we find the 'holy war' in this context, as expressed 
in the crusades. All this shows clearly, that the church and its theological disputes 
were without doubt less devoted to search for truth in God, rather, they were focused on worldly categories of power and control over territories and humans. 
 
The descent of the German empire 
 
The descent of royal power in the empire begins with the emperor Frederic II. (1215-1250). 
The crowning ceremony of the emperor takes place in Rome (1220).  In the same year 
Frederic 'sells' important imperial rights to his worldly and spiritual princely 
subjects for their support ('Confoederatio cum principibus ecclesiasticis'; 1232 with 
'statutum in favorem principium'), e.g. the powers of court and jurisprudence, coining, 
customs and fortification.  In the contract of San Germane (1228) Frederic and the 
pope reach agreement about a new crusade. Frederic starts the enterprise one year 
later. However, he must return from halfway, because of a plague. Pope Gregory IX. 
punishes him by covering him with the papal spell. A year later Frederic accomplishes 
the crusade in spite of the spell. After his return, he is honoured with the peace of Ceprano 
(1230). The spell is taken off. On the other hand the pope now receives special  
rights in Sicily.  But, in 1239 the emperor is again put under papal spell.  Two 
years later, Frederic II. moves the centre of his empire to Sicily (1241).   At the ecclesiastic 
council at Lyon (1245) the church declares Frederic's deposition and condemns him 
as a heretic. He dies in the same year. He fought the last fight of the empire for Italy and against the popedom. 
With the death of Frederic II. the 'universal' western empire is at its end. It decays. 
In Italy too, imperial developments fall to pieces. The irony of history consists 
in the fact, that, after its victory, the absolute papal world domination was only 
of a very short duration. Actually, it ended quite painfully. The spiritual sword, neoplatonically 
sharpened over centuries against the Franconians, and with success against them, 
proved worthless against the new powers in France. 
The end of the papal 'world domination': the pope ends in prison
 
With the rising of western national states, the idea of absolute power developed initially 
by the church had stimulated worldly thinkers in constructing a worldly absolutism. 
It essentially followed the model of classical Rome. The spiritual absolutism of 
the church - at least for the moment - had lost its political value.
 
In the last quarter of the 13th century, Philip IV. the Beautiful (1285-1314), declares 
the concept of the absolute sovereign and his absolute power for a gradually strengthened 
France. The concept is essentially based on new interpretations of the Roman constitution.  Between 1224 -1303 collisions  emerge between Philip and pope Bonifacius 
VIII.. In continuity with his forerunners the pope had repeatedly expressed excessive 
claims in regard to his supreme power over the worldly powers.  The papal decree 
'Clericis laicos' edited in the year 1296, prohibited the taxation of clericals without 
papal consent. At the beginning of the 14th century, after some intrusions of Philip 
(1302), the papal decree 'Unam sanctam' harshly emphasised the papal supremacy. Philip the beautiful is very quick and direct in his answer. One year later the pope is 
taken prisoner in Agnani by William of Nogaret, a highest ranking officer of Philip. 
Shortly after being freed from prison, Bonifaz dies. 
Historically, pope Bonifaz VIII.  represents the end of mediaeval popedom.  Its thoroughly 
constructed 'spiritual' absolutism, which had proved successful against the Franks 
and their successors (1250), now succumbed to the new worldly absolutism of the strengthened national monarchies. 
In the year 1309 Clemens V. (1305-1314) transferred the papal residence to Avignon 
in southern France. The pope became strongly dependent of the French monarchy. Not 
by case the Avignon-period of the popedom (until 1377) is called the 'Babylonian 
captivity of the church'.  However, not even in this highly precarious conditions, the pope 
abstained from his supra-imperial constitutional claims. Note that this incident 
hints to future developments. As long as its theoretical basis remains intact, new 
buildups continue, the institution survives.  In the first half of the 14th century an aftermath 
happens under Lewis the Bavarian (1314-47). Initial was the interference of pope 
John XXII. (1316-34) into the throne quarrel .  In response, Lewis lets himself be 
crowned in Rome by representatives of the Roman population. An anti-pope is set up.  But 
this creates reactions in his own domain in regard to his election. Though Lewis's 
fights for the traditional stately laws (1338) are supported by the princely voters, 
they are afraid of his harsh enmity against the pope. Consequently, the decisions go 
against him. In 1346 Charles of Mahren is elected. He governs after Lewis's death 
as Charles IV.. In the year 1348 the first German university is founded in Prague, 
an important sign of enlightened thought. From the year 1356 and on, the 'golden decree' is 
considered as imperial law for the regulation of the kingly elections. Essentially, 
it remained in validity up to the year 1806. At the beginning of the 15th century 
Germany gains its new importance in the framework of modern territorial states. 
The scholastic construction of the mediaeval 'theocracy' 
 
The territorial implications of the mediaeval history might have become clear from 
this short chronological sketch of some important events. As worldly power, the Franconian-Salian 
and Hohenstaufen empire, with its military and political activities was essentially focused on the reconstruction and extension of the former outlines of the 
West-Roman empire.
 
Wide parts of the territories with Germanic and Slav populations not controlled by 
the Romans  were subjected until far into the east, and subsequently christianised 
essentially for the purpose of pacification and control. The church is integrated 
cooperatively as executive force related to pacification. But, with increasing expansion of 
the territories, the church manoeuvres itself into an increasingly harsh competition 
for political dominance. With surprising efficiency Rome develops the constitutional 
base of a new supra-imperial   constitution based on the ancient form of a theocracy. 
There  is a clear connection between the early 'identity dispute' (father and son 
identical), and the later 'dispute of universals' (God as the supreme term of generalisation existed prior to creation, prior to things) . Both have been codified by the church 
using Neoplatonism as a basis. The 'investiture quarrel' then shows very clearly 
how theoretical  results are concretised towards the outside in the form of territorio-political claims. 
The presentation of mediaeval church politics as power politics is not new. It was 
recorded and discussed again and again. However, in the historical framework, the 
basic values which were at disposition of the church were not questioned. Consequently, 
the historic picture blames the historical figures personally. They appear as individual 
characters, justified in their behaviour by the turmoils of times. The church itself, 
its theoretical structure and its value as an institution, is not questioned in the 
historical  framework.  Thus,  it will recover again and again from such commotions, 
e. g. by shifting its outer image more towards its more populistic humane base. <23> 
However, if we place the history of the church into the wider circles of the anthropology 
of religion,  this may look different. Now theologically fundamental ideas  are involved. 
They enter into a new - and very concrete - dialogue with ancient Near Eastern and Egyptian theocratic constitutions. In view of these theocracies the conditions 
become evident. What we call religion moves close to the history of law and constitution! 
 
 
Continued   
Notes
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