“the Emperor, and likewise all other Rulers, derive their offices but mediately from God, and immediately from the Church's Head, who in this matter as in other matters acts as God's Vice- Regent-this became the general theory of the Church. It was in this sense that the allegory of the Two Swords was expounded by the ecclesiastical party. Both Swords have been given by God to Peter and through him to the Popes, who are to retain the spiritual sword, while the temporal they deliver to others. This delivery, however. will confer, not free ownership, but the right of an ecclesiastical office-holder. As before the delivery, so afterwards, the Pope has utrumque gladium. He has both Powers habitu, though only the Spiritual Power actu. The true ownership (dominium) of both swords is his, and what he concedes in the temporal sword is merely some right of independent user, which is characterized as usus immediatus, or perhaps as dominium utile. In the medium of feudal law the papal right in the Temporal Power appears as neither more nor less than a feudal lordship. The Emperor assumes the place of the highest of papal vassals, and the oath that at his coronation he swears to the Pope can be regarded as a true homagium". In any case the Emperor and every other worldly Ruler are in duty bound to use in the service and under the direction of the Church the sword that has been entrusted to them'. It is not merely that the Pope by virtue of his spiritual sword may by spiritual means supervise, direct and correct all acts of rulership". Much rather must we hold that, though in the general course of affairs he ought to refrain from any immediate intermeddling with temporal matters, and to respect the legitimately acquired rights of rulers, he is none the less entitled and bound to exercise a direct control of temporalities whenever there is occasion and reasonable cause for his intervention (casunliter et ex rationabili causa).Therefore for good cause may he
withdraw and confer the Imperium from and upon peoples and individuals": and indeed it was by his plenitude of power that the Imperium was withdrawn from the Greeks and bestowed upon the Germans (translation Imperii)”p.14
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