It is here that we find the real meaning of the second great political principle of the Middle Ages, that is the supremacy of law; that it is the law which is the supreme authority in the State, the law which is over every person in the State. When John of Salisbury, the secretary of Thomas à Becket, wishes to distinguish between the prince and the tyrant, he insists that the prince is one who rules according to law, while the tyrant is one who ignores and violates the law.[26] And in a memorable phrase, Bracton, the great English jurist of the latter part of the thirteenth century, lays it down dogmatically that the king has two superiors, God and the law.[27] There is an absurd notion still current among more ignorant persons—I have even heard some theologians fall into the mistake—that men in the Middle Ages thought of authority as something arbitrary and unintelligible, while the truth is that such a conception was wholly foreign to the temper of that time. It is quite true that the political life of the Middle Ages seems constantly to oscillate between anarchy and despotism, but this is not because the men of those days did not understand the meaning of law and of freedom, but because they were only slowly working out the organization through which these can be secured. The supreme authority in the mediaeval state was the law, and it was supreme because it was taken by them to be the embodiment of justice.
It is again out of this principle that there arose another great conception which is still often thought to be modern, but which is really mediaeval, the conception that the authority of the ruler rests upon and is conditioned by an agreement or contract between him and the people. For this agreement was not an abstract conception, but was based upon the mutual oaths of the mediaeval coronation ceremony, the oath of the king to maintain the law, and to administer justice, and the oath of the people to serve and obey the king whom they had recognized or elected. The people do, indeed, owe the king honour and loyal service, but only on the condition that he holds inviolable his oath. The ruler who breaks this is a tyrant, and for him there was no place in mediaeval political theory. This conception was expressed in very plain and even crude terms by Manegold in the eleventh century when he said that the king was in the same relation to the community as the man who is hired to keep the pigs to his master. If the swineherd fails to do his work the master turns him off and finds another. And if the king or prince refuses to fulfil the conditions on which he holds his power he must be deposed.[28] John of Salisbury in the twelfth century expressed this in even stronger terms when he said that if the prince became a tyrant and violated the laws, he had no rights, and should be removed, and if there were no other way to do it, it was lawful for any citizen to slay him.[29]
These are, no doubt, extreme forms of the mediaeval conception, but the principle that the authority of the ruler was conditioned by his faithful discharge of his obligations is the normal doctrine of the Middle Ages, is maintained by the compilers of the feudal law-books of the Kingdom of Jerusalem, by the great English jurist Bracton, by St. Thomas Aquinas, and even by some of the most representative of the Roman jurists of Bologna, like Azo.
These were the fundamental principles of the conception of the nature of political authority whose development we can trace in the Middle Ages, and it is out of these conceptions that there grew the system of the control of the common affairs of the community by means of the representation of the community. For it should be more clearly understood than it is, that the representative system was the creation of the mediaeval political genius, it was these men—to whom even yet the more ignorant would deny the true political instinct—it was these men who devised that method upon which the structure of modern civilized government has been built up.
There is, however, yet another aspect of the development of political civilization which deserves our attention if we are to understand the nature of political progress in the Middle Ages. It was in these centuries that there were created the elementary forms of the administrative system of government. And indeed, there is perhaps no clearer distinction between a barbarian and a civilized government than this, that while the barbarian government hangs precariously on the life of the capable king, the civilized government is carried on continuously by an organized civil service. It would be impossible here to discuss the earlier forms of this in the organization of government by Charles the Great, or the very interesting developments of the royal or imperial chapel as the nucleus of a civil service in Germany, it is enough here to remind ourselves that it is the creation of this organized administration by Henry I and Henry II of England which laid the foundations of our national order. Enough has, I think, been said to illustrate the reality and significance of the progressive reconstruction of the political order of Western society in the Middle Ages.
It may, however, be said that this may all be true, but that in all this we have after all only an example of the preoccupation of the Middle Ages with conduct and religion. I must, therefore, ask you to consider the character and development of the intellectual movement of the Middle Ages. And here, fortunately, we can find the best of guidance in Dr. Rashdall's great work on The Universities of Europe in the Middle Ages, and in Dr. R. L. Poole's Illustrations of Mediaeval Thought. Indeed I could wish that a little more attention was given to the history and character of the intellectual movement which the Universities represent, and perhaps a little less to reading and discussing the great scholastic works of the thirteenth century, which are almost impossible to understand except in relation to the intellectual movements of the twelfth century.
The new intellectual movement came very suddenly in the last years of the eleventh century; why it should have come then is hard to determine, but it seems reasonable to say that it represents the reawakening of the desire for knowledge which had been in abeyance during the stormy centuries after the fall of the Roman Empire in the West, when men had little leisure for anything but the constant labour to secure a little decent order and peace. For a few years, indeed, in the ninth century the genius of Charlemagne had almost restored the order of civilization, and even in those few years the human mind reasserted itself, and for a moment the learning and culture which had been preserved mainly by the Irish and their pupils in Britain, and in Central Europe, flowered and bore fruit; but with his death Western Europe plunged again into anarchy and misery, and it was only slowly that the genius of the great German emperors in Central Europe, and of the Norman settlers in France and England, rebuilt the commonwealth of European civilization. By the end of the eleventh century the work was not indeed done, but was being done, and men had again a little leisure, and the desire for knowledge reawakened, but indeed it was no mere gentle desire, but a veritable passion which possessed the men of the twelfth century, and it was this spontaneous passion which produced the universities.
The first thing, indeed, which we must observe about the oldest universities of Europe, especially Bologna, Paris, and Oxford, is just this, that they were not made by any external authority, that they did not derive their being from Church or State, from pope or king, but that they were formed by the enthusiasm and passion which drew men from every quarter of Europe to sit at the feet of some man or another who could give them the knowledge which they desired, and, in their turn, to become teachers. It is quite true that as time went on, and they found that popes and kings were friendly and interested, these groups of students procured for themselves bulls and charters of recognition and protection, but while later universities may trace their foundation to these respectable patrons, the older universities recognize them indeed as benefactors and friends, but not as founders, but rather claim that they grew out of men's desire for knowledge, and that they were recognized by the general consent of the civilized world.