The act of introducing a vassal into office. In ancient rome, the solemn act of introducing a person to the office of switzerland is legal proceedings. Philosophy. Problematic issues in the philosophy course text of lectures

INVESTMENT (late lat.investitura, from lat.investtio - I dress) - in the Middle Ages in Western Europe, a legal act of transfer of fief, office, dignity, securing vassal dependence and accompanied by a symbolic rite: the transfer of a handful of earth, gloves, sword, spear, banner to the senior vassal , scepter, etc. symbols of power. Church investiture consisted of appointment to church office and ordination; it was accompanied by two acts: the handing over of the staff and ring, symbolizing spiritual power, and the handing over of the land and scepter, the symbol of secular power. Until the end of the 11th century, the investiture of bishops and abbots, as a rule, was carried out by royal (imperial) power. The papacy, which became stronger in the second half of the 11th century, tried to ban the secular investiture of bishops and abbots, freeing them from local fiefdom and subjecting them to their unlimited power. This is how the struggle for investiture began. It reached its greatest tension in Germany, where since the time of Otto I (936-973) the episcopate served as the most important support of royal power. The investment of prelates, who did not have hereditary rights, enabled the imperial power to use the proceeds of church property and to use bishops and abbots as a counterbalance to the secular nobility. The deprivation of the emperors of the right to invest was at the same time one of the main levers for the abolition of any dependence of the papacy on the empire and the subordination of the emperor to the papal throne. In the struggle for investiture, on the one hand, adherents of church reform (see Cluny Reform), led by Hildebrand (from 1073, Pope Gregory VII), and on the other, supporters of the preservation of secular investiture, led by Emperor Henry IV, spoke out. The struggle gave rise to an extensive polemical literature, which reflected both the views of extreme groups (who defended either papal theocracy or imperial rule over the church), and the views of those who advocated a compromise, who demanded a separation of investiture between the papacy and secular power (see "Libelli de imperatorum et pontificorum saec. XI et XII conscripti, 3 d. ", MGH, Hannov., 1890-97).

The struggle for investiture was intertwined with the actions of the secular and ecclesiastical nobility against the attempts of Henry IV to strengthen the royal power in Germany. German bishops resisted attempts by both the emperor and the pope to limit their independence and prevent them from becoming territorial princes.

The open struggle of the papacy with the imperial power, the main pivot of which was the question of investiture, began in 1075, after the accession to the papal throne of Gregory VII. The Council of 1075 declared the investiture of the clergy to be secular persons invalid (which was repeated by the Councils of 1078 and 1080 for the entire Catholic Church). Gregory VII demanded that Henry IV stop investiture and remove a number of German prelates who were ordained in violation of canonical rules. In a fierce and prolonged struggle, the critical episode of which was Canossa (1077), neither side could win. In 1111, an attempt was made to conclude a compromise agreement on the terms of the emperor's renunciation of the church. Investment of bishops and abbots in return for the return to the state of all fiefs and regalia received since the time of Charlemagne (project of Pope Paschal II). But this attempt failed because of the resistance of the prelates, for whom the ecclesiastical dignity without beneficiaries was losing importance. In 1122, the Worms concordat was concluded, ending the struggle for investiture. The prelates elected by the chapters received spiritual investment from the pope, and secular investment from the emperor. In Germany, the participation of the emperor in the election of prelates was ensured, who were immediately given secular investiture; in Italy and Burgundy, the emperor was deprived of participation in the election of prelates and gave them secular investiture within six months. The Worms concordat was more beneficial to the pope than to the emperor; it consolidated the actual collapse of the Ottonian episcopal system and contributed to the victory of princely particularism.

German bourgeois historiography almost unanimously considers the Worms Concordat a turning point in German history, but evaluates the struggle of the emperors with the popes in different ways. In the past, German bourgeois historians saw in this struggle a clash of national German church-state principles with the cosmopolitan theocratic aspirations of the papacy and positively assessed the emperors' resistance to the papacy. In the historiography of the Federal Republic of Germany, another assessment appeared, according to which the union of these two forces allegedly created the basis for the rise of the empire and the papacy, and the struggle between them was the cause of the fall of their world greatness (Th. Mayer, Papsttum und Kaisertum im hohen Mittelalter, "HZ", 1959, Bd 187).

The investiture controversy spread to other countries of Western Europe, but nowhere did it take on such acute forms as in the empire. The popes, having entered into a clash with the emperors for supreme domination, sought to soften the contradictions with the kings of France and England and made some concessions in matters of investiture. According to the agreement of Paschalia II with the French king Philip I of 1104, spiritual investiture was carried out by the pope after the canonical election to a church office; the king was guaranteed the right to participate in elections and secular investment; the chosen one took an oath of allegiance to the king. According to the agreement of 1107, Paschalia II with the English king Henry I gave spiritual investiture by the Pope. The king retained decisive influence in the elections of bishops and abbots, which were royal palace... Prior to his consecration, the Chosen One took an oath of allegiance to the king and received from him flax and secular investiture.

N. P. Kolesnitsky. Moscow.

Soviet Historical Encyclopedia. In 16 volumes. - M .: Soviet encyclopedia. 1973-1982. Volume 5. DVINSK - INDONESIA. 1964.

Sources:

Bernheim E., Quellen zur Geschichte des Investiturstreites, Tl 1-2, Lpz.-B., 1913-14.

Literature:

Scharnagl A., Der Begriff der Investitur ..., Stuttg., 1908; Haller I., Papsttum und Kirchenreform, Bd 1, (s. 1.), 1903; Brooke Z. N., Lay investiture and its relation to the conflict of impire and papacy, Oxf., 1939; Schwarz W., Der Investiturstreit in Frankreich, "Zeitschrift für Kirchengeschichte", 1923, H. 2, 1924, H. 1.

[lat. vestitura, investitura, from investire - to dress], in the Middle Ages. Zap. Europe is a formal legal act of introducing ownership of property or a position (secular or ecclesiastical), which was accompanied by the ritual transfer of insignia, symbolizing power and the right to exercise official powers.

In the world

In I., the historical roots of a cut go back to the pre-Christ. antiquity, the identification characteristic of archaic thinking was reflected legal norm with the form of its implementation, seemingly external in relation to the essence. Thus, in early medieval customary law, the procedure for transferring land ownership the new owner assumed the following symbolic actions: after the conclusion of an oral transaction (sala), the previous owner took the new one to the site and, in the presence of witnesses, gave him a handful of land, sometimes with a branch stuck in there, or a stem torn from the site, a straw as a sign of the transfer of not only the site, but and all the rights associated with it (see, for example: Salicheskaya Pravda. XLVI: On the Transfer of Property. § 1 // Salicheskaya Pravda / Per .: N.P. Gratsianskiy. M., 1950. S. 46-47). Over time, legal acts on the transfer of property become more and more symbolic and are limited to the transfer of symbols of this property (for example, a lump of land) and the preparation of an appropriate document (letter or contract).

With the feudalization of society and the development of vassal-feudal relations, I. became one of the 3 fundamental elements of formalizing a vassal agreement (commendatio), along with homage (homagium) and an oath of allegiance (fidelitas). Feudal relations were of a twofold nature: a bilateral personal union of a vassal and a suzerain and relations of land dependence, which were established by the act of introducing a vassal into the possession of a feudal lena provided to him by the seigneur, i.e. rank of the parties and only in the XI century. took on a relatively finished form. The future vassal, bareheaded, unarmed and kneeling, put folded palms in the hands of the lord, thereby entrusting himself (commendare) to his patronage, becoming his "man" (homo, hence homagium). The suzerain lifted him from his knees, and they exchanged kisses. Taking an oath of allegiance and making a commitment military service(auxilium) and participation in forensic-admin. activity of the seigneur (consilium), the vassal received in return a guarantee of the military and adm. defense (defensio) and income-generating possession (see Benefits). The introduction into possession was accompanied by the procedure of I., in the course of a cut, the transfer of insignia (banner, spear, scepter, gloves, hat, handful of earth, etc.) took place and the transfer of the rights to use flax was announced.

In the Middle Ages, there was no conceptual distinction between the duties and powers associated with the position and the associated possession (real estate, income, privileges) - the entire social order of the era was based on this. The insignias used in the act of I. were a kind of representation of the beneficiary's right to exercise official powers and, at the same time, a form of legitimation and manifestation of his power over territory and people. An important role was played by the staff (baculum, virga) or its shortened form - the scepter (sceptrum), the oldest symbol of power. In the Middle Ages, it acquired additional significance as a symbol of judicial power (cf. Ps 44.7; Heb 1. 8). In the procedure of I. Lennikov, the transfer of a staff (rod, scepter) meant delegation of judicial powers by the lord to the vassal. The right of coercion, that is, the punishing and disciplining function of power, was symbolized by the sword (gladius), the right to command - by the spear (lancea) (the custom of symbolic transfer of the spear has been known since the Merovingian era - Greg. Turon. Hist. Franc. VII 33). The presentation of the banner (vexillum, panna) indicated the special status of the fief, which made its owner a royal vassal. In the XII century. the norms of secular imperialism, generally characteristic of Lombardy, were recorded in the "Books of the Feuds" (Libri feudorum) - a set of customary seigneurial law.

In the late Middle Ages, I., as a procedure for introduction into office, also took place outside the system, for example. I. with the baton of managers of large estates (gastaldus). The symbolic transfer of the pen in the act of I. notaries (investitura per pennam) was not only a form of representation of their right to exercise their official powers, but also a form of legitimization of the documents drawn up by them.

Lit .: Krieger K.-F. Die Lehnshoheit der deutschen Könige im Spätmittelalter. Aalen, 1979; Giordanengo G. Le droit féodal dans le pays de droit écrit: L "exemple de la Provence et du Dauphiné: XIIe - début XIVe siècle. R., 1988; Keller H. Die Investitur: Ein Beitr. Z. Problem der" Staatssymbolik "im Hochmittelalter / / Frühmittelalterliche Studien. B., 1993. Bd. 27. S. 51-86; Bouzy O. Les armes symboles d "un pouvoir politique: L" épée du sacre, la Sainte Lance, l "oriflamme, aux VIII-XII siècle // Francia: Forsch. z. westeuropäischen Geschichte. Münch. 1995 T. 22/1. S. 45-58; Brückner Th. Lehnsauftragung: Diss. Würzburg, 2002; Investitur und Königsrituale: Herrschaftseinsetzungen im kulturellen Vergleich / Hrsg. M. Steinicke, S. Weinfurter. Köln, 2005.

In the church

When introduced into the ecclesiastical office and into the possession of the beneficiary corresponding to it (diocese, abbey, church) I. was carried out by secular persons: kings or big princes the newly elected bishops and the owners of private churches and monasteries — priests and abbots appointed to them by their choice — were held in the subordinate territories. Theoretically, the introduction to the ecclesiastical office, in contrast to I. in the world, represented two different procedures: the canonical (ordinatio), which included the liturgically formalized ordination to the dignity (see ordination) and the transfer (traditio) of the corresponding positions of insignia, symbolizing the spiritual authority of the bearer of the dignity, and actually I. the clergyman is a secular ruler, who, as the supreme owner and subject of law, delegated to the clergy the "secular component" of his power, that is, the possession, rights and powers assigned by the position, which was also accompanied by the transfer of insignia.

Reliable information about how the procedure of I. bishops was formalized up to the end. IX century and whether it differed from the secular vassals adopted at that time by I. has not survived, because this phenomenon itself falls into the field of view of the Middle Ages. authors who criticized him only in the XI century. It is known that the oath of allegiance to the ruler and I. very early began to precede the canonical induction.

The signs of the episcopal rank, which gave the highest spiritual authority in the diocese, were the staff (baculum pastoralis, pedum) and the ring (anulus). The staff, the prototype of which was the antique shepherd's staff, bent at the top, symbolized the pastoral functions of the bishop, and the ring - his spiritual marriage with Christ. Church, lifelong connection with the diocese community, its leadership and responsibility for it. According to the prevailing in the VII century. traditions (Isid. Hisp. De eccl. offic. II 5; 28th Canon of the IV Council of Toledo (633) - De ordine quo depositi iterum ordinantur // PL. 84. Col. 374-375) they were transferred to the new bishop by the metropolitan in the last parts of the order of ordination. However, approx. 900 in Germany (in France several times later) I. of the newly elected bishop with a staff, that is, the legal act of transferring pastoral functions, which was previously carried out by the metropolitan, is transferred to the king. At the same time, a rethinking of the symbolic meaning of the transfer of the staff took place: if the staff received from the metropolitan meant the pastoral functions of a bishop, royal I. assumed the transfer of power over the bishopric (cum pontificalis baculi iuxta morem commendatione episcopatus est sortitus dominium - Vita S. Rimberti. 11 / / MGH. SS. T. 2.P. 770). According to the testimony of Peter Damiani, the king pronounced the appropriate formula: "Accept the Church" (accipe ecclesiam - Petrus Damianus. Ep. 13: Ad Alexandrum Secundum Romanum Pontificem // PL. 144. Col. 221). Since 1039 germ. cor. Henry III began to see off the bishops of I., giving them a staff and a ring (investitura per anulum et baculum), i.e. he took it upon himself to transfer to the bishop in an act of secular I. also the symbols of his spiritual power (after the king gave these objects, they were consecrated and transferred to the bishop a second time at ordination).

The practice of I. clergy by laity, testifying to a high degree of ritualization of all spheres of social life in the Middle Ages, was the result of the interaction of 3 historical factors, both ideological, political and socio-economic, which determined different shapes the involvement of the Church in the jurisdiction of secular power: the vassal-like nature of the organization of social relations, theocratic legitimation of royal (im.) power, understood as the unity of "regnum et sacerdotium" (kingdom and priesthood), and the development of the institution of the private church (see Art. church right). Therefore, in the ecclesiastical world, I. acquired a different meaning than in worldly life: i.e. demonstrated the dependence of the Church at all its structural levels from the laity and its merger with the secular government, which in many respects led to one of the most significant crises in the history of the West. Church at the turn of the 9th and 10th centuries, the fall of its authority, the secularization of structures and ministers. Awareness of the negative nature of this dependence occurs only in the 10th century. in the general mainstream of the movement for the spiritual renewal of the Church and society, inspired by the reforming monasticism, primarily Cluny (see Art. Cluny Reform). In the last. third of the 11th century under the sign of the Gregorian reform, the process of liberation of the Catholic, consolidating around the papacy, is unfolding. Church from any form of intervention by the laity in her life, which was called by contemporaries "controversia investiturae" and completely changed the relationship between secular and spiritual authorities in lat. Europe.

Historical background and practice of I. in the Catholic Church

The church estates with the privileges granted to them were not the property of the Church, but were transferred to it by the king in an act of I. bishops (abbots) as a fiefdom, which placed them in a quasi-vassal position in relation to the king: at the insistence of the king, the prelates, like lay vassals, swore an oath to him fidelity, although such oaths were forbidden to clergymen, and they were obliged, in addition to the church, to certain forms of secular service to the king (servitium regis). They performed various adm. assignments, most often in the role of "emissaries of the sovereign" (missi dominici), the highest representatives of the royal power in the field, were received by the royal court, despite the prohibition of the clergy to carry arms, they equipped the troops and led them in the campaign, and also prayed for the good of the kingdom. The loyalty of the ecclesiastical aristocracy to the crown, secured by the right of Israel, made the Church a "counterweight" to the secular clan nobility, which competed with the king in the early Middle Ages.

In turn, the Church, submitting to royal power, received a justification for its own worldly power: the king opened access to the state for the higher hierarchs. politics, made them large landowners, endowed with many political rights, judicial and economic privileges. Such a mixture of the spiritual and the secular led to the secularization of the Church: pl. bishops and imperial abbots lived, ruled and fought like worldly princes, and for the opportunity to receive a high office from the king, potential candidates were ready, demonstrating loyalty, to make generous offerings to him. This practice was condemned by contemporaries as simony. Initially, simony was understood as the collection by clergy (primarily bishops) of gifts from the laity and from clergy for the performance of the sacraments (baptism, ordination, etc.), which was condemned by the Pope of St. Gregory I the Great (590-604). In the X-XI centuries. Church writers increasingly interpreted ordination gifts leading to a seat as a form of selling church offices. From the end. X century. non-canonical gifts of candidates for bishops to kings acquired such a large-scale and regular character that they began to serve as a form of a kind of redistribution of treasury resources, compensating for royal donations to the Church, and when Cor. Henry III abandoned this practice, the discovered deficit had to be filled with large-scale confiscations of land from the laity.

I. as a form of manifestation of the king's sovereignty over the Church

Appropriation by kings in the X-XI centuries. the right to exercise I. bishops with a ring and a staff meant a rethinking of the active I. bishops, giving it a spiritual meaning. This was a consequence of the development of the idea of ​​the hierarchical superiority of the king as the supreme subject of ecclesiastical law over the bishops, the emergence of a cut due to the peculiarities of the formation of the franc. church organization as a state. Church, and the state as "Christian", which allowed the secular power in the person of the king to receive religious and ideological levers of influence on the Church, including the replacement of church positions. In the beginning. VI century, at Cor. Clovis, creation of christ. kingdom received canonical confirmation on the 1st common franc. Aurelian (Orleans) Council (511), where the bishops recognized the "priestly spirit" (mens sacerdotalis-Mansi. T. 8. Col. 350) of the king and approved the royal practice known since the time of emp. Constantine I the Great (306-337), to convene Councils and approve their decisions. So the idea, fundamental for the early Middle Ages, was fixed, according to which the king's person was interpreted as a sacred wake. the spread of God's grace (Dei gratia), which was consistently developed by the Merovingian, then by the Carolingian rulers, and up to the "investiture dispute" was not questioned.

Of particular importance for the idea of ​​the king's priestly mission and the sacred legitimization of his power were the practice of anointing the kingdom like the biblical Melchizedek, “king of Salem” and “priest of the Most High God” (Gen. 14. 18-20), and since 800 the coronation of Frankish popes by Roman popes, and after. Germanic kings in Rome. Both practices were resumed in the Roman-German Empire during the Saxon (919-1024) and Salic (1024-1125) dynasties. Medieval. the idea of ​​empire, which finally constituted the union of secular power and the Church, was a synthesis of the late antique tradition of relations between the state and the Church (see the section "Empire and Church" in the Byzantine Empire), the idea of ​​Christ. world empire and royal claims to dominance over many. state you. This is the unity of political and religion. components of power (regnum et sacerdotium) was justified by the social function of the king (emperor) to be the protector of all Christians, which characterized the empire not as a state and legal, but as a spiritual value: ruler by the Lord, which meant for the secular sovereign the status of God's representative on earth (vicarius Christi), exercising His power in the earthly world, and a special patron of the Roman throne. Thanks to this union, the concept of Christ became clearer. the king's duty: to justly rule the world entrusted to him and to protect the believers and the Church (defensor ecclesiae). As "defensor ecclesiae" the king was already designated in the first capitulations of Charlemagne (see, for example: Karoli Magni Capitulare primum // MGH. Cap. T. 1. P. 44). Franc was called to defend the Church. Kings Popes (MGH. Erp. T. 3. P. 651). It was about 2 concepts of the “defender of the Church”, which Charlemagne united: papal (the French king as a secular defender of the rights of the Pope) and secular (the French king as a protector and organizer of church life within his kingdom). Alcuin's interpretation of royal power in the spirit of two swords of the theory, in fact, also assumed royal supremacy over the power of priests and bishops: the king, in his opinion, holds 2 symbolic "swords", one should serve to eradicate heresies within the Church, the other - to protect it from the pagans (Alcuini Ep. 136, 171 // MGH. Epp. T. 4. P. 205-210, 281-283). Similarly, Charlemagne determined the relationship between the functions of the emperor and the Pope in a letter to Leo III (Karoli Magni Ep. 93 // MGH. Epp. T. 4. P. 136-138): the emperor should defend the Church, and the pontiff should pray for its success ... Thus, the sacralization of the idea of ​​royal (im.) Power meant the responsibility of the bearer of this power before God. It was this responsibility that later, in the era of the "investiture dispute," the papacy reminded her of. to the emperor, declaring his claim to control his execution of religions. duty of the ruler.

In practice, the responsibility of the worldly ruler for the fate of the Church and the Christians entrusted to him, obliging the Church to obedience, was expressed in the king's interference in all church affairs: he convened Councils and led them, founded churches, mon-ris, dioceses, influenced the appointment of bishops and abbots, thereby violating the ancient principle of the independent election of a bishop "by the clergy and the people" (see in Art. Bishop). Zap. The (Roman) Church in the early Middle Ages was only theoretically "universal" - the episcopal Churches in certain countries and regions were oriented towards the royal court and were subordinate to kings or other major rulers: in Germany up to the middle. X century - to the tribal dukes of Saxony, Bavaria, Swabia; in France back in the XI century. only 1/3 of the bishops were in the power of the king, the rest belonged to large territorial princes, who were only formally his vassals and often combined episcopal positions. The right of kings to exercise I. bishops was a consequence of both economically and ideologically conditioned influence, a cut from the time of Clovis they could exert on the choice of a candidate, while the Church sought to protect the competence of the metropolitans in this matter and preserve the canonical practice: valid up to the epoch " dispute over investiture "the canon on the election of the bishop of the Paris Council of 614 reminded that the candidate must first be called" the people, clergy and metropolitan with the bishops of his province ", and" without any benefit or bribe ", and, on the contrary, whoever is imposed by force or without election cannot be recognized as a legitimate bishop (Mansi. T. 10. Col. 539-540). However, such efforts until the last decades of the XI century. remained ineffectual; at cor. Henry III, who ordered the elevation of not only bishops, but also popes to the cathedra (see Art. Germany), royal (im.) Power over the Church and the practice of I. reached the highest development and the choice of a candidate for the episcopal seat became the de facto right of the king.

I. in a private church and the problem of infringement of episcopal powers

In dioceses, at the level of smaller ecclesiastical administrators. structures - parishes, as well as the churches and chapels subordinate to them, the involvement of the clergy in the jurisdiction of secular power, confirmed by the law of I., was most clearly manifested in the sphere of the private church. Between mid. VII and ser. VIII century private churches, that is, founded on the initiative and at the expense of a private person (layman or cleric, often a bishop) or an ecclesiastical institution (monarch, episcopal see, church), are becoming commonplace. They arose when the state. government and church administration turned out to be weak and in fact ceded part of their sovereignty to the power of local magnates, for example. during the Christianization of the Right Rhine regions in the VI-VII centuries. or during the collapse of the state. structures (especially in France in the 9th - mid-11th century), as well as where bishops were formed relatively late (for example, in Bavaria after 739). All privately founded churches and mon-ris, in accordance with the norms of secular property law, were fully owned by their founders, most of them belonged to the secular nobility. It was a peculiar form of real estate belonging to them, domain ownership, which was subject to all actions from the field of property law: inheritance, purchase and sale, exchange, lease. While church founding was traditionally motivated by “salvation of the soul” (pro remedio animae), private churches, especially if the owner bought them parish rights, were a very profitable investment with a guaranteed income: like episcopal churches, they had the right to collect tithes from parishioners. however, at the complete disposal of their owner, and the possessions attributed to them were not taxed to the treasury. The owner was competent not only to resolve any legal issues, to manage the property and all the income of the church, of which less than 1/3 was allocated to the priest, but also to appoint to church positions, according to the Capitulary on Churches adopted at the Council in Aachen by Louis the Pious (Capitulare ecclesiasticum, 818/9). The bishop ordained the candidate named by the owner as a priest or, if he had already been ordained, blessed him to conduct pastoral affairs in the given church, and the owner in an act I. (investitura ecclesiae) gave him an altar cover, a rope from a bell, a key to a church or a table as symbols his new position, which in the context of the typical for the Middle Ages inseparability of the concept of position and ownership meant its "material component." The priest received the church, as a rule, on the basis of a simple lease, and not a lease, that is, mutual relations between the seigneur and the vassal, constituted by an oath of fidelity, were not provided here.

A similar situation was observed with respect to monasteries founded by private individuals on the lands of their own domain. The owner also had the right to all the income and property of the monarch and appointed an abbot, escorting I. with a staff (baculum abbatialis) to the liturgical ordination performed by the bishop. Sometimes he himself or one of his relatives became the abbot. The presence in mon-ry of such "worldly abbots" (abba comes - count-abbot), that is, people who have not survived the internal religion. conversions (conversio) and did not part not only with worldly interests and responsibilities, but also with families and with a craving for entertainment, was fraught with a weakening of monastic discipline, deviations from the charter and perverted the very idea of ​​monasticism as a community of people living "outside the world" (extra mundum).

Moreover, for the ordinary parishioners it did not matter whether the church was episcopal or private, since sp. Church organization, the negative side of the right of the private church was a very tangible infringement of the legal competence of the bishop (iurisdictio episcopalis) and his status as the sole ruler (ordinarius) of his diocese. He could not himself choose worthy priests and influence the choice of abbots or control economic activity churches and mon-ray in the diocese. With regard to disciplinary supervision and punishment for misdemeanors against the Church (censura ecclesiastica), private ecclesiastical institutions were actually removed from the episcopal competence, which led to violations of ecclesiastical order (disciplina ecclesiastica), including simony, marriages of priests, deviations from the liturgical canon. So, in the middle. VII century. at the Council in Cabillon (now Chalon-sur-Saone), a complaint was addressed: the magnates (potentes) not only appointed clergy in their churches (oratoria), but also insisted that they were not subject to the disciplinary control of bishops (Mansi. T. 10. Col . 1189-1193). In addition, the bishops were practically powerless against the numerous economic abuses of the owners of churches and monasteries. The extent to which the clergy serving in them, who were in legal and economic dependence on the owner, were vulnerable to their arbitrariness is evidenced by a number of royal capitulators and canons of the Councils of the 9th-10th centuries, in which the prohibitions addressed to landowners from levying excessive levies from the church or completely appropriating her income, leaving the priests without support, to demand from them the performance of a service unusual for the clergy or to apply corporal punishment to them, to divide church estates between the heirs of the owner or to take away something from church utensils, to use church buildings for granaries, etc. churches legalized the constant presence of the laity within the church organization, where they practically freely used their position of owners for the realization of completely secular interests. In addition, their freedom to appoint a priest or abbot, that is, to independently assess whether the applicant is worthy of the pastoral position, and to solely dispose of the tithe, which was originally intended for the material support of churches (fabrica ecclesiae) and priests, as well as the main source of ecclesiastical (episcopal) charity. towards the poor, it contradicted the precepts of church order and discredited the Church. It was in this context that the theorists of the Cluny reform, long before the "investiture dispute", were the first to associate criticism of the existing situation with the theme of trampling on "freedom of the Church" (libertas ecclesiae) by the laity.

The inevitability of the conflict brewing around the practice of I. was due to two fundamental changes in social thought in the late 1990s. X - early. XI century: a gradual departure from the universalism of social thinking, which at one time gave rise to the "Gelasian model" of the interpretation of the social order (see the articles of the Two Swords Theory, Gelasius I), and a rethinking of the understanding of "freedom of the Church" with the subsequent transfer of this topic to the center of public debate about the goals of church reform.

The practice of I. clergy by laity, primarily bishops - by kings, was not questioned until the middle. XI century, because it completely fit into the scheme of interpretation of social reality that existed for more than 500 years in the aspect of the complementarity of secular and ecclesiastical authorities in one Christ. the world denoted by the metaphor of the body (unum corpus christianorum), which has 2 chapters. The metaphysical substantiation of this scheme was given by Pope Gelasius I (492-496). He spoke about the interaction of spiritual and secular authorities in the aspect of the functional subordination of the “two estates of the Church” (duo ordines ecclesiae) - laity and clergy, their positions (officia), activities (actiones) and dignities (dignitates) (Gelasii Ep. Ad Anastasios // PL 187. Col 458-459). The essence of his teaching is briefly expressed in 2 maxims. Firstly, Christ alone was a priest and king in one person, because, foreseeing the weakness of the human race, the Lord divided both powers that rule the world. Which of the authorities to give preference, church theorists up to mid. XI century They did not speak openly, but insisted that church hierarchs should not interfere in worldly affairs, and secular rulers - in the affairs of the Church, which was not observed in practice. Secondly, the idea of ​​the functional interaction of the two mentioned "estates", the laity and the clergy, for the secular government meant the unity of the empire and the "christianitas" in responsibility for Christ. peace, and for the Church - the extension of her responsibility for the salvation of the souls of all Christians to the responsibility for Christ. empire. The fact that, taking on joint responsibility for the state. and church administration in the empire, both authorities actually duplicated each other, as the contradiction was not recognized. The opposition and internal inconsistency of these maxims remained unconscious due to the unique universalism of the early Middle Ages. social thought that united the secular and ecclesiastical spheres under the auspices of Christ. salvation ideas. By virtue of the same universalism of thinking, insensitive to internal contradictions, the theological justification of the “freedom of the Church” as a privilege granted by the king was fully included in the “Gelasian model”.

The theologeme "libertas ecclesiae" is the central category of ecclesiastical law, generally meaning the independence of the Church founded by Christ, who granted her the privilege of freedom (cf. Matthew 16. 18-19). Privilege (privilegium) in the Middle Ages was understood as a right (jus). In different periods of the Middle Ages, this evangelical understanding of freedom was replaced by several. other interpretations, but at the same time "libertas ecclesiae" never meant modern. interpretation of independence (i.e. separation) of the Church from the state. Moreover, the right of the king to dispose of the early Middle Ages. The State Church, justified by its priestly mission (rex et sacerdos), not only did not interfere with its freedom, but literally ensured freedom through the granting of privileges, including royal "protection." In Germany and other territories of the Holy. In the Roman Empire, the freedom of a large number of ecclesiastical institutions, even formally in private hands, was ensured by imperial status, and therefore “freedom of the Church” was understood there in a very peculiar way - as the freedom of individual ecclesiastical institutions - the episcopal see (libertas episcopalis), the church (ecclesia libera), mon-rya (monasterium liberum) - from any outside interference, but at the same time directly subject to the king, who is the guarantor of this freedom.

But if in the X-XI centuries. such an understanding of freedom was fully consistent with the system of the imperial Church in Germany during the reign of the Ottons and representatives of the Salic dynasty, an example of which is the cooperation of the emp. Henry III, who contributed to the rise of the Roman See, and Pope Leo IX, who for his part supported the absolute authority and power of the emperor in the Catholic Church, then in France, torn apart by feudal strife, the situation was different. There, against the background of the weakness of the royal power, unable to provide effective protection, private churches and mon-ris suffered from the arbitrariness of the proprietors, and the bishops - from the local counts (comes) appointed to protect them. In the south of France, dukes and large earls could be the owners of bishops and treated their dioceses like other subservient lands: they passed them on by inheritance, exchanged them. Therefore, it was from the Burgundian Abbey of Cluny, which received freedom from its founder Hertz. Guillaume of Aquitaine and subordinate only to the Pope of Rome (which meant a high status - "libertas romana"), for the first time a completely different idea of ​​"libertas ecclesiae" sounded - a return to the ideals of the Apostolic Church with its New Testament understanding of freedom, that is, the complete liberation of the Church from government laity, carried out through the distribution of church offices according to the law of I. and the law of the private church (see, for example: Oddonis Cluniacensis abbatis Collationum libri tres // PL. 133. Col. 517-638). In the strict sense, theorists, both monastic and later. church reforms then did not advocate the fundamental destruction of the private church: the Holy See, church structures and mon-ris themselves founded or received as a gift private church institutions - this was the main way of spreading the reform. It was about ousting the secular aristocracy from the sphere of church government. The reformers considered the main consequence of the power of the laity over the Church to be a complete disregard for the disciplinary control of the Church over the minds and deeds of contemporaries, which was seen as the root of all evil: wars and social disorganization, the fall of morality and law, the secularization of clergy. So far, it was only about spiritual control, understood in the context of the opposition of the “transitory”, “worldly” (temporalis) and “eternal”, “spiritual” (spiritualis) in the Middle Ages. sense of these words. The church reminded those in power of their Christ. the duty of the defenders of the Church and the "poor" (in the 11th century these ideas will be fully developed by the movement of God's peace) and that the power of the laity over the "spiritual", that is, over private churches and abbeys, the appointment of their primates and the order property, is a violation of the church order; only freedom from the supremacy of secular authorities as a guarantee of the success of the reformational transformations will make it possible to restore the "true" order not only within the walls of the monasteries, but also in the world, putting an end to simony, Nicolaitism, etc. abuses in the ranks of Catholic ministers. Churches. So the universalist thinking is replaced by the awareness of the difference between the spheres of "spiritual" and "worldly", ie, "spiritualia" and "temporalia", in the end. XI century justified by the bishop and canonist Ivo of Chartres also in relation to the practice of I. Only in this context it became possible to question the king's right to I. and to define in a new way the ratio of ecclesiastical and secular powers.

The struggle of church reformers with simony also led to the question of the secular I. of prelates. In the first decades of the XI century. the understanding of "freedom of the Church" that has changed under the influence of reformational sentiments among monastics has caused a fundamental shift in emphasis in the very concept of "I." and trampling on "libertas ecclesiae". In I. began to see a variety of simony.

The changes in public consciousness were reflected in the most radical way by the work of the card. Humbert, Bp. Silva-Candida, "Libri tres adversus simoniacos" (Three books against the perpetrators of simony, 1054-1058). In the 3rd book, which anticipated all the main points of the upcoming "dispute about investiture", he actively criticizes the institution of state. Churches: each of the estates created by God, laity and clergy, has its own right and its responsibilities, but worldly princes (principes saeculi) invade the rights of the Church, lead the Councils, appoint church leaders, so that everything is done according to their will, while in the Church there are laws and judges of their own, and bishops must be elected by clergy in accordance with the canon. Humbert regards the right of royal I. with a staff and a ring as a form of usurpation of the freedom of the Church and a sinful act of simony. His main theological argument was the assertion that the king, not being ordained to the clergy, has no right to conduct I., which is done by God's grace; the king, as a layman, does not have it (Humberti cardinalis Adversus simoniacos. III // MGH. Lib. T. 1. P. 198-253). The priestly function of the king and the extension of the grace of God to him as God's anointed one, which the theologians of the early Middle Ages did not doubt, kard. Humbert ignores. However, the special status of the king in the Church was called into question before, including Bishop. Burchard of Worms (+ 1025), who unequivocally ranked the king among the laity.

Existence in mid. XI century this kind of writings did not yet mean that the opinion presented in them was dominant in the Catholic. Churches, especially in the imperial one, where the basis of the power of the episcopate was the lands and privileges granted by the emperors. However, already at the Council in Rome (April 1059), it was decided to prohibit the laity “to appoint clergy or priests to the church, whether for reward or disinterestedly” (Synodica generalis. 6 // MGH. Const. T. 1. P. 547) ... This was the first action against secular I., and Pope Gregory VII took up this issue seriously.

Struggle for investiture

The concept of "struggle for investiture", or "dispute about investiture" (controversia investiturae, querela invistiturarum; for the first time this term is cited in the "History of the English Kings" (1125), William of Malmesbury - Willelmi Malmesbiriensis monaci Gesta Regum Anglorum. L., 1840. Vol. 2. P. 668), contemporaries identified the conflict of the Germans. kings with popes in the period from 1056 (death of Henry III) to 1125 (end of the reign of Henry V) on the legality of the appointment of bishops and imperial abbots by the king. The origins of the conflict should be sought deeper, in the intertwining of the functions of the two highest earthly powers - the papal and the imperial, to fierce competition to-ryh led to changes in Europe. realities after 1000 The conflict over I. affected first of all Germany, where since the time of the Ottonian dynasty there was a fusion of the Church and the state in the form of the imperial Church and there was a need to redefine the ratio of “regnum” and “sacerdotium”.

The death of Henry III, whose reign is considered the heyday of the emp. authorities, and the fact that his young son would not be able to rule in the old style, in fact already meant the end of the period of "unity of" regnum "and" sacerdotium "". During the regency until the coming of age of Henry IV (1065), secular and ecclesiastical princes significantly strengthened their positions. Against the background of the weakening of royal power, the initiative in carrying out church reform finally passes to the papacy. With the death of Victor II (1057), a series of "German popes" loyal to the emperor was cut short. The Roman see is occupied by proteges of the radical wing of the reformers, led by cardinals Peter Damiani, Humbert, Hildebrant (later Pope Gregory VII) and supported by long-standing opponents of the Germans. imp. The Salic dynasty - by the Tuscan margraves. At this stage of the reform, the first, still cautious attempts by Rome were made to implement the new principle of the Catholic relationship. Secular Churches: Limit the influence of emperors on the choice of popes and the influence of the laity on the Church as a whole. By the decree of Pope Nicholas II of 1059, the reason for which was the disagreement between Rome. clergy and cardinals (the election of antipope Benedict X (1058-1059)), the emperor was removed from participation in the elections of the pope, now it was in the competence of only the cardinals (Decretum electiones pontificiae // MGH. Const. T. 1. P. 538-541) ... At the same time, in the mainstream of the begun struggle with simony, for the first time, the formulated in general outline the demand to establish free canonical elections of prelates everywhere and to prohibit the laity from appointing clerics to office.

In order to strengthen the authority of the Roman See under Pope Alexander II (1061-1073) and especially in the early years of the pontificate of Gregory VII (1073-1085), the efforts of the Roman Curia were directed towards tightening church discipline, while Gregory VII used the accusation of simony to curb the power of the bishops and to establish papal supremacy over the clergy in Germany and Italy. Anti-reformation sentiments among the imperial episcopate grew, the pope's hopes for support of the reforms of Cor. Henry IV did not materialize. Henry IV, who from the beginning of his reign became hostage to a difficult internal political situation, was busy restoring the royal property alienated during the regency and strengthening his power in numerous conflicts with the regional nobility. In March 1075, at the Council in Rome, Gregory VII excommunicated some of those suspected of simonying him from the Church. bishops - Limar of Bremen, Werner of Strasbourg, Heinrich of Speyer and Hermann of Bamberg (after repentance, the latter was restored to the rank); at the same time the official was heard for the first time. the prohibition of I. bishops, henceforth they were not allowed to become laymen of the laity, that is, to take an oath of allegiance to secular lords; laymen were instructed to appoint even household chaplains only with the consent of the bishop.

The beginning of the open confrontation was the events of the summer of 1075, when Henry IV appointed his chaplain, Tedald, the Archbishop of Milan, and then autocratically led I. 2 more bishops to vacant cathedra in the cities of Spoleto and Fermo, which were in the Papal States. The Pope did not accept these appointments in December. 1075 sent a message to the king, where, under the threat of excommunication, he urged him to observe the ban on the laity to conduct I. and reproached him for communicating with the excommunicated for his simony. bishops. This letter was sustained in the spirit of the new concept of papal power, which can be judged by the one compiled by Gregory VII in February. 1075 in a document known as the "Dictatus papae" (Dictate of the Pope; see v. Gregory VII). In this document, the Pope questioned the thesis of the unity of secular and spiritual authorities and the ancient theocratic concept of the king as the viceroy of God on earth, making a claim to the spiritual leadership of all Christ. peace and affirming solely the rights that previously belonged to the emperor (appointment and removal of bishops and other clergy, convocation of Councils, the highest judicial branch, the role of the organizer of the Church, etc.). The main argument in this concept was the idea of ​​the special mission of the Pope, who inherited from the Apostle St. Peter's power "to knit and allow" (Matthew 16. 18-19) and in this sense is the highest moral arbiter of Christ. the world. Royal power, that is, was deprived of the aura of sacredness: the king, to whom it was forbidden to see bishops by I., became only a layman; not he, but the pope was declared the "vicar of Christ" on earth, controlling and directing all authority and authorized to overthrow any ruler who neglects Christ at his post. debt. The latter concerned both church hierarchs and kings.

Henry IV took the pope's letter as an open challenge. In Jan. In 1076, at the Worms Reichstag, the deposed of the pope was announced: 24 bishops and 2 archbishops declared their refusal to recognize the authority of Gregory VII, and Henry IV sent him a message demanding the release of the Holy See. It is not known whether this deposition was the initiative of the king or the bishops - both sides expressed dissatisfaction with the growing power of the pope, so at this stage 3 interested parties participated in the "investiture dispute", and the bishops firmly held on to their power and privileges. In a letter, Henry IV accused the Pope of violating the rights of the emperor in Rome and Italy and of violating "both God's and human law," by his intervention, infringing upon the king's hereditary prerogatives. The letter was copied and distributed throughout the empire. Gregory VII excommunicated Henry IV and the bishops who refused to obey Rome from the Church. At the Council in March 1076, the Pope deposed Henry IV as king (although excommunication in itself already freed the subjects from the oath of allegiance). Despite the fact that the legal aspect of this deposition was questionable, since the king receives his post not from the pope, but from the princes participating in the elections, it can be considered as the first test of strength in the implementation of the primacy of papal power in accordance with the declared in the "Dictatus papae" (paragraph 27) the Pope's right to release his subjects from the oath to a person who has fallen into sin. This meant that the conflict between the king and the pope was not based on the question of I.: the key point of the “investiture dispute” was the formula “freedom of the Church,” which was understood differently by both sides. Henry IV acted as the guarantor of the legal freedom of church institutions, that is, as the guarantor of the "libertas ecclesiarum" (freedom of [individual] churches), which was ensured through the privileges bestowed on them. The Pope, relying on the ideas and goals of church reform, demanded "libertas ecclesiae" not for individual churches, but for the whole Catholic. The Church, that is, the very privilege of freedom, to which the theorists of the Cluny monastic reform pointed out: freedom was granted to the Church from the foundation by Christ, but customary law (consuetudo) distorted this principle. In the papal understanding of "libertas ecclesiae" Christian freedom was embodied in absolute submission to God and His governor on earth - the Pope of Rome, who exercised it in the world. The freedom granted to the Church of Christ was interpreted by Gregory VII as the absolute power of the Pope in Catholicism. The Church (papal primacy), as the non-interference of the laity, even the king, in the process of making decisions by the Church, primarily in I. bishops, and as the supreme authority of the pope for all Christ. the world.

The excommunication of Henry IV from the Church freed the hands of his political enemies. The Saxon opposition intended to nominate its own candidate for the royal throne, and the German bishops who retained their cathedra rushed to go over to the Pope's side. Henry IV had no choice but to seek reconciliation with the pontiff in humiliating negotiations. It was reached in Jan. 1077, when Henry IV, crossing the winter Alps, came to the castle of Canossa belonging to the Tuscan counts and after demonstrative repentance (he stood at the castle gates in rags and barefoot for 3 days) was admitted to the Pope.

A short-term reconciliation of the parties gave Henry IV the opportunity to prevent the alliance of the opposition princes with the pope and to remain on the throne, although he swore an oath to obey the pope, which, however, he never followed. However, the struggle between the popes and the emperors did not end there. The Walk to Canossa demonstrated that the balance of power in the empire had changed. At the beginning of the pontificate of Gregory VII, such a conflict was hardly possible. Moreover, when the pope, as "dux et pontifex", was about to lead a crusade, he turned to the young king with a request to become the protector of Rome and the Holy See. However, several. years later, the same king, the son of imp. Henry III, to whom the papacy was primarily indebted for its liberation and exaltation, the pope makes it clear that the Roman Church is not the private church of the king. From the principle of the unity of the empire and the "Christian world", which previously meant the possibility of the king (emperor) to lead the Church, Gregory VII drew another consequence: the recognition of the unity state to order. Calling Henry IV in the bull of excommunication "the German king" (rex teutonicum), he equated his empire with other Europeans. states, etc. devalued the very idea of ​​the universality of the empire. In this sense, "going to Canossa" symbolizes one of the most critical moments in the history of the idea of ​​the imp. power as the highest power on earth, the moment when the theocratic dualism of the nature of this power was challenged. From this time, a new period began in the history of the empire and the papacy.

Neither the excommunication of Henry IV, nor his reconciliation with the pope resolved the problem of I .: during the negotiations in Canossa, this topic was not touched upon at all. In 1078, Gregory VII forbade the clergy to receive dioceses and abbeys from the hands of the laity, to which he ranked kings and emperors. This prohibition was repeated in 1080 at the Lenten synod in a tougher form: secular persons exercising I. even at the level of the lowest structures of the church organization were threatened with excommunication. Was formulated new order election of bishops: under the control of a prelate sent by the pope or archbishop, who had to ensure that the secular authorities did not interfere in the procedure. Henry IV refused to recognize the decisions of the synod, and then the pope again excommunicated him from the Church, demonstratively announcing the transfer of the kingdom to the protégé of the princely opposition, Rudolf of Swabia, as "the Lenin of the Apostle Peter." The repeated excommunication not only failed to achieve its goal, but also strengthened the resolve to resist the supporters of Henry IV among the bishops. Opponents of the pope gathered under the chairmanship of the king at the Council in Brixen (June 1080) and decided to depose the pope, who is also quite rightly accused of placing his bishops in the already occupied imperial cathedra, which led to strife. The new pope, under the name Clement III, was proclaimed the leader of the Italians. antipapal opposition Archbishop of Ravenna. Guibert, who in 1084 crowned Emperor. crown of Henry IV, who by that time had captured Rome. Gregory VII, for several. years unsuccessfully trying to maintain power with the support of Countess Matilda of Tuscany and the Norman dukes, died in exile (1085).

At this stage of the struggle for India, the positions of the church reformers were shaken even in Rome. The imperial episcopate supported the antipope Clement III, Henry IV continued to appoint bishops himself, and Pope Urban II (1088-1099) did not dare to remind him of the canonical prohibition of I. Only by 1095, the political foresight and readiness for compromises of Urban II made it possible to raise the authority of Rome. cathedra in Italy, Sicily and England, and also to attract to her side many. German bishops to return to the struggle to cleanse the Church. At the Council in Clermont (1095), the condemnation of simony was again sounded, the edges were clearly associated with secular I., this time in the form of a ban on bishops and priests to become fiefs of the king and other laity, that is, to bring them homage and an oath of allegiance. In addition, laymen were prohibited from owning church buildings and from using church tithes. This canon marked the beginning of the destruction of the institution of the private church, which stretched out until the 13th century. In 1096, the ban of I. and the oaths of allegiance were repeated at the provincial Council in Rouen. But neither Henry IV, nor his son Henry V (1098-1125, independently from 1106, emperor from 1111) from the I. abbots and bishops, who gave them levers of control over the church organization, the main support of their power in the empire, were not going to give up ... The "investiture dispute" continued for almost 20 years, but already under the sign of the king's struggle for the right to build his relations with bishops as vassals.

After the death of Antipope Clement III (1100), the reformers, led by Pope Paschal II (1099-1118), concentrated their efforts on relations with the secular authorities and on the final destruction of the secular I. clergy. But Henry V also began his reign with claims to the right to participate in the election of bishops, to conduct them with a ring and a staff, to accept homage and an oath of allegiance from them, since at the turn of the 12th and 13th centuries, at the peak of the development of the institution of vassal relations, I. was understood in the empire primarily as the transfer to the bishop of regalia - feudal rights of property, jurisdiction, and administration, that is, as an introduction to the fiefdom. Therefore, the king saw no reason to abandon the corresponding rituals as integral legal parts of a vassal agreement. Henry V demanded that the Council in Guastall (Oct. 1106) recognize his "imperial right" (ius imperii) to I. Pope Paschal II rejected the demand, but did not subject Henry V to excommunication either. In 1109, surrounded by the king, an essay appeared that, in the spirit of the times, substantiated the legal position of Henry V - "Treatise on the investitura episcoporum" (Tractatus de investitura episcoporum // MGH. Lib. T. 2. P. 495-504) by Sigibert of Gembloux ... With reference to a letter (1097) from Ivo of Chartres to Hugo, Archbishop. Lyonsky, the author explains that the transfer by the king of episcopal insignias in the procedure of I. is not of fundamental importance, since they are used before the liturgical act of ordination, when the bishop receives them from the altar. By itself, the act of I. is important in order to protect church ownership as lawful, therefore, the oath of allegiance must precede ordination. In this interpretation of the relationship between the bishop and the king, which is quite in the spirit of fiefdoms, distinguishes between the material component of regalia and the personal component of homage expressed in an oath of allegiance, a way out of the impasse into which the long-term conflict has led the parties is outlined. Henry V's talks with the Pope in 1110-1111 had no success. On the eve of the coronation of Henry V in Rome (1111), Pope Paschal II, inclined to a radical solution to the problem of I., made a deal with the king: the king had to abandon ecclesiastical I., that is, at a later stage of the "dispute over investiture," a political interest comes to the fore: the independence of the Catholic. Churches from secular power at any cost. However, the terms of the treaty outraged not only the bishops who gathered for the coronation, who faced the threat of losing the positions of the imperial princes, but also the secular magnates, most of whose possessions consisted of fiefs received from the Church. The scandal in the cathedral of St. Peter ended with the capture of the pope, after which Henry V forced him to confirm the right of royal imperialism with a ring and a staff up to the rank of ordination, that is, a kind of veto on the choice of a candidate. When a year later, under pressure from radical "Gregorians", the Pope reversed his decision (at the Lateran Council of 1112, the prohibition against laity, under the threat of excommunication, to exercise I. with spiritual insignia was repeated), the king continued to appoint bishops and to conduct them I.

Callista II (1119-1124), a compromise solution was found, enshrined in the agreement of the parties (the Worms Concordat (1122), ratified by the I Lateran Council in 1123). Not yet elected to the Roman throne, the radical "Gregorian" Guido (later Pope Callistus II) proposed to discuss the terms of reconciliation. Henry V and the members of the Reichstag accepted the offer, but due to the mutual distrust of the parties and the parallel conflict between the emperor and the opposition princes, the matter was delayed (in the conditions of this conflict, the emperor was all the more not ready to abandon the fief of I. bishops, who provided him with vassals). However, the need for peace with the Church in his midst. the nobility grew steadily. At the Reichstag in October. 1121 between Henry V and the opposition imperial princes a peace treaty was signed, with a condition on the initiative of the Archbishop of Mainz. Adalbert was put forward by the emperor's reconciliation with the Pope.

The agreement between the pope and the emperor, which resolved the longstanding confrontation in the "investiture dispute" and redefined the position of the Catholic. Church in the Holy Roman Empire, was concluded on 23 Sept. 1122 in Worms through the mediation of the imperial princes. The theoretical basis for it was grounded in the end. XI century Ivo of Chartres, the conceptual and, accordingly, legal distinction between the “spiritual” and “secular” components in the power of the prelate, which removed the contradiction between the requirements of canon law for free replacement of episcopal sees, independent of secular authorities, and the norms of vassal-fief relations: secular lords had the right of I. to the “temporal” prerogatives (temporalia) of the bishop and introduced him to the possession of the granted regalia, and the ordination, which gives spiritual power (spiritualia), was carried out by an act of the Church I. In the beginning. XII century this compromise (without the conclusion of a written agreement) was accepted by the French. King Philip I (in 1104), then English. cor. Henry I (Westminster Concordat, 1107), in these countries the conflict between royal power and the papacy did not take such a harsh form.

The papal legates put forward minimum requirements, decisions on which were recorded in 2 letters, imperial (Heinricianum) and papal (Calixtinum). In imp. a letter signed by a large number of imperial nobility, secular and ecclesiastical, Henry V rejected I. with a ring and a staff, guaranteed free canonical elections and unhindered ordination of the elect. The Pope, for his part, allowed the Catholic. The churches in Germany hold elections in the presence of the king (praesentia) and, in controversial cases, elect the one who, on the advice of the prelates, is supported by the king. The king also had the right, even before the initiation procedure, to conduct the newly elected bishop with a new symbol of secular power over the granted regalia - the scepter. In Italy and Burgundy, on the contrary, this procedure was carried out only 6 weeks after the church consecration, i.e., in fact, the Church in these countries was removed from the sphere of influence of the emperor, which meant the destruction of the imperial Church as an important instrument of his power. In this sense, the Worms concordat was more beneficial to the pope than to the emperor.

The "investiture dispute" entailed fundamental changes in the understanding of the essence of secular power: tradition. the unity of "regnum et sacerdotium" was replaced by the dualism of the authorities. The collapse of the imperial Church and the rethinking of the theocratic nature of royal power led to an essential change in the relationship between the king and the nobility: they finally acquired the character of vassal-fiefs against the background of the growing independence of ecclesiastical and secular princes and the weakening of central power. The choice of a bishop by the church chapter, independent of the emperor, meant strengthening the positions of aristocratic families, representatives of which were its members. Bishops turned into church princes, the second after the king social "rank" and a separate imperial "estate", in rivalry with secular princes, striving for the maximum possible independence of their church principalities. The royal power, having lost its influence on the Church, began to seek support from the ministers, and the Catholic. The Church increasingly consolidated into a closed hierarchical community of clergy headed by the Pope, separate from the laity.

Source: Libelli de lite imperatorum et pontificum saeculis XI et XII conscripti / Ed. E. Dümmler et al. Hannover, 1891-1897. 3 t .; Anselmi Lucensis Collectio canonum, una cum collectione minore / Ed. F. Thaner. Innsbruck, 1906-1915. 2 vol .; Bernheim E. Quellen zur Geschichte des Investiturstreites. Lpz .; B., 1913-19142. 2 Bde; Dictatus papae // Das Register Gregors VII. / Hrsg. E. Caspar. B., 1920. Tl. 1. S. 202-203. (MGH. EpSel .; 2); Pax Wormatiensis cum Calixto II // MGH. Const. Vol. 1. P. 159-161; Wattenbach W. Das Zeitalter des Investitur-Streites: 1050-1125 // Deutschlands Geschichtsquellen im Mittelalter / Hrsg. R. Holtzmann. B., 1940. Bd. 1. H. 3. S. 360-617; Quellen zum Wormser Konkordat / Hrsg. W. Fritz. B., 1955; Götz H.-W. Geschichtsschreibung und Geschichtsbewusstsein im hohen Mittelalter. B. 1999. S. 243-280; Der Investiturstreit: Quellen und Materialien / Hrsg. J. Laudage. Köln, 20062.

Lit .: Braun J. Die liturgische Gewandung im Occident und Orient: Nach Ursprung und Entwicklung, Verwendung und Symbolik. Freiburg i. Br., 1907; Scharnagl A. Der Begriff der Investitur in den Quellen und der Literatur des Investiturstreites. Stuttg., 1908; Weise G. Königtum und Bischofswahl im fränkischen und deutschen Reich vor dem Investiturstreit. B., 1912; Schwarz W. Der Investiturstreit in Frankreich // ZKG. 1923. Bd. 42 S. 255-328; 1924. Bd. 43 S. 92-150; Tellenbach G. Libertas: Kirche und Weltordnung im Zeitalter des Investiturstreites. Stuttg., 1936; idem. Die westliche Kirche vom 10.bis zum frühen 12. Jh. Gött. 1988; Brooke Z. N. Lay Investiture and its Relation to the Conflict of Empire and Papacy. L., 1939; Fliche A. La querelle des investitures. P., 1946; Schramm P. E. Sacerdotium und Regnum im Austausch ihrer Vorrechte // Studi gregoriani. R., 1947. Bd. 2. S. 403-457; Feine H. E. Ursprung, Wesen und Bedeutung des Eigenkirchentums // MIÖG. 1950. Bd. 58. S. 195-208; Levison W. Die mittelalterliche Lehre von den beiden Schwertern // DA. 1952. Bd. 9. S. 14-42; Stickler A. M. Sacerdotium et regnum nei decretisti et primi decretalisti: Considerazioni metodologiche di ricerca e testi. Torino, 1953; Becker A. Studien zum Investiturproblem in Frankreich: Papsttum, Königtum und Episkopat im Zeitalter der gregorianischen Kirchenreform (1049-1119). Saarbrücken 1955; Borino G. B. L "investitura laica dal decreto di Nicolo II al decreto di Gregorio VII // Studi gregoriani. 1956. Vol. 5. P. 345-359; Fleckenstein J. Die Hofkapelle der deutschen Könige. Stuttg., 1959-1966. 2 Bde; Krause H.-G. Das Papstwahldekret von 1059 und seine Rolle im Investiturstreit R., 1960; Gilchrist J. Th. Canon Law Aspects of the 11th Cent. Gregorian Reform Program // JEccl H. 1962. Vol. 13. P. 21 -38; Hofmeister A. Das Wormser Konkordat: Zum Streit um seine Bedeutung. Darmstadt, 1962; Hoffmann H. Die beiden Schwerter im hohen Mittelalter // DA. 1964. Bd. 20. S. 78-114; Twining E. F. European Regalia. L., 1967; Benson R. L. The Bishop Elect: A Study in Medieval Ecclesiastical Office. Princeton (NJ), 1968; Zimmermann H. Papstabsetzungen des Mittelalters. Graz; W .; Köln, 1968; idem. Der Canossagang von 1077: Wirkungen und Wirklichkeit.Mainz; Wiesbaden, 1975; Schieffer R. Spirituales Latrones: Zu den Hintergründen der Simonieprozesse in Deutschland zwischen 1069 und 1075 // His torisches Jb. Münch .; Freiburg i. Br., 1972. Bd. 92. S. 19-60; Fried J. Der Regalienbegriff im 11. und 12. Jh. // DA. 1973. Bd. 29 S. 450-528; Investiturstreit und Reichsverfassung / Hrsg. J. Fleckenstein. Sigmaringen, 1973; Santantoni M. A. L "ordinazione episcopale: Storia e teologia dei riti dell" ordinazione nelle antiche Liturgie dell "Occidente. R., 1976; Miethke J. Geschichtsprozess und zeitgenössisches Bewusstsein: Die Theorie // monarchischen Papren im hohen und späteter. Bd. 226. S. 564-599; Minninger M. Von Clermont zum Wormster Konkordat: Die Auseinandersetzungen um den Lehnsnexus zwischen König und Episkopat.Köln; W., 1978; Trautz F. Zur Geltungsdauer des Wormser Konkordich in dessitung 16. Jh. // Geschichtsschreibung und geistiges Leben im Mittelalter: FS für H. Löwe. Köln, 1978. S. 600-625; Maass F.-D. Libertas ecclesiae: Freiheit als Ziel der kirchlichen Reformbewegung im 11. Jh. / / Pietismus, Herrnhutertum, Erweckungsbewegung: FS für E. Beyreuther / Hrsg. D. Meyer. Köln, 1982, S. 443-480; Zielinski H. Der Reichsepiskopat in spätottonischer und salischer Zeit (1002-1125). Stuttg. 1984. Tl. 1; Szabó-Bechstein B. Libertas ecclesiae: Ein Schlüsselbeg riff des Investiturstreits und seine Vorgeschichte, 4.-11. Jh. R., 1985; Beulertz S. Das Verbot der Laieninvestitur im Investiturstreit. Hannover, 1991; Gilchrist J. Th. Canon Law in the Age of Reform, 11th-12th Cent. Aldershot, 1993; Laudage J. Gregorianische Reform und Investiturstreit. Darmstadt, 1993; Raddatz A. Kirchliche Insignien // TRE. Bd. 16. S. 196-202; Schimmelpfennig B. König und Fürsten, Kaiser und Papst nach dem Wormser Konkordat. Münch. 1996; Berman G.J. Western Tradition of Law: The Epoch of Formation. M., 1998; Jakobs H. Kirchenreform und Hochmittelalter: 1046-1215. Münch. 19994; Weinfurter S. Canossa: Die Entzauberung der Welt. Münch. 20062; Vollrath H. Der Investiturstreit begann im Jahr 1100: England und die Päpste in der späten Salierzeit // Salisches Kaisertum und neues Europa / Hrsg. B. Schneidmüller, S. Weinfurter. Darmstadt, 2007. S. 217-244; Goez W. Kirchenreform und Investiturstreit: 910-1122. Stuttg., 20082.

Yu. E. Arnautova

DEPARTMENT (FR. Departement - district, department, administration, department)>
1. Department of an administrative or judicial institution, ministry, department, senate.
2. In some states (in the USA, Switzerland, etc.) - the name of the ministry, department, for example, the Department of State - the US foreign policy department.
3. The main administrative-territorial unit in France and a number of other countries.

GENTRY The small landed nobility in England in the 16th-17th centuries, who managed to adapt to the development of capitalism (the so-called new nobility).

DZAIBATSU (Japanese) The largest monopolies and financial oligarchies in Japan.

SOFA (pers. - office, office)
1. In ancient Rome - the solemn act of the introduction of a person into office.
2. Solemn procedure for the inauguration of the head of state.

INVESTMENT (lat. Investio - clothe)
1. In the Middle Ages in Western Europe, the legal act and the ceremony of handing over to the feudal vassal (secular investiture).
2. Rite of passage to the office of a bishop or abbot (spiritual investiture).

INDEPENDENTS (English independent - independent, independent) A radical religious and political group of Puritans during the English Revolution of the 17th century. (leader O. Cromwell). They expressed the interests of the radical middle bourgeoisie, the gentry. They demanded strict observance of freedom of conscience and speech, complete independence of local church communities from the state, opposed the absolute monarchy and the Anglican Church. Currently in the United States and England exist under the name Congregationalists.

INQUISITION (INVESTIGATIVE-SEARCH) PROCESS The form of legal proceedings, mainly in criminal cases. Characterized by the broad initiative of the competent state (church) bodies in initiating legal proceedings, conducting an investigation (covert inquiry with the use of searches, interrogations, including under torture, to confess the accused). The proceedings were predominantly written. The judge usually acted as an investigator, and often as a prosecutor. There was no defense, the defendants themselves had to prove their innocence. The transition from an adversarial process to an inquisitorial process takes place in Western Europe in the XII-XIII centuries. The inquisition process was used mainly for political and religious matters. His methods were actively used by the Inquisition for cases of heresy.

INQUISITION (lat. Inquisitio - search) In the Catholic Church in the XIII-XIX centuries. a judicial and police institution for the fight against heresies. The proceedings were conducted in secret, with the use of torture. Heretics were usually sentenced to be burned at the stake.

INCORPORATION (lat. Incorporatio) systematization of the laws of the state, their arrangement in a certain order (chronological, alphabetical, by branches of law) without changing the content of the laws.

INSTITUTIONS (lat. Institutio - instruction) Elementary textbooks of civil law in ancient Rome, systematically setting out the beginnings of jurisprudence; institutions published in the VI century. AD at the behest of the Byzantine emperor Justinian, they had, like the Digests, the force of law.

INSTITUTIONALIZATION (lat. Institutum - establishment, establishment) The establishment of any new public institutions; legal and organizational consolidation of their or other social relations.

INSTITUTIONAL SYSTEM The system of building legal norms on the model of the Institutions of the Roman lawyer Gaius (II century AD), which consisted of 4 books: about persons, about things, about obligations, about claims. A striking example of an institutional system is the French Civil Code of 1804 (Napoleon's Code).

INTEGRATION (lat. Integratio restoration, execution; from integer - integral) Combining any parts into a whole.

INTELLECTUAL PROPERTY Exclusive rights to literary, artistic and scientific works, computer programs and databases; allied rights to inventions, industrial designs, utility models, as well as means of individualization equated to the results of intellectual activity legal entity(brand names, trademarks, service marks) and other results of intellectual activity and means of individualization, the protection of which is provided for by law.

INTERCESSION (lat.intercessio - intervention)
1. In ancient Rome - the right of officials (magistrates) to suspend decisions and actions of other equal or lower officials. The intercession of the tribunes of the people was of particular importance.
2. In civil law - joining the contract on the side of the debtor (taking on someone else's debt, surety, etc.)

MORTGAGE (Greek hypotheke - pledge, pledge)
1. Loan issued on the security of real estate; the pledge that serves as security for this loan is not transferred to the creditor, but remains in the use of the debtor; the property pledged under such a loan is subject to a prohibition noted in the mortgage books.
2. Pledge of real estate against such a loan.

CADASTRE (French cadastre; from the Greek catastichon - sheet, register)
1. List of persons subject to poll tax.
2. A register containing information on the assessment and average profitability of objects (land, houses, industries) that are used to calculate taxes (land, house, commercial).

KADI (Arabic, Turkic and Persian - Kazi) In Muslim countries, a judge who single-handedly carries out legal proceedings on the basis of Sharia.

KAISER (German kaiser; from Latin caesar Caesar, king) Title of Germanic emperors.

CALVINISM (from the personal name of John Calvin 1509-1564) Protestant doctrine that arose in Switzerland in the 16th century. during the Reformation and the most consistent with the interests of the bourgeoisie of that time. From Switzerland it penetrated into France (Huguenots), the Netherlands, Scotland and England (Puritans). The English bourgeois revolution of the 17th century was taking place under the banner of Calvinism.

Investiture Investiture - in Western Europe in the Middle Ages, a legal act of transferring fief, office, dignity, securing vassal dependence and accompanied by a symbolic rite: the transfer of a handful of earth, gloves, sword, spear, banner, scepter, etc. to the vassal. symbols of power. Church investiture consisted of appointment to church office and ordination; it was accompanied by two acts: the handing over of a staff and a ring, symbolizing spiritual power, and the handover of land ownership and a scepter, a symbol of secular power. Papacy, which became stronger in the 2nd half of the 11th century. tried to ban the secular investiture of bishops and abbots. The investment of prelates, who did not have hereditary rights, enabled the imperial power to use the proceeds of church property and to use bishops and abbots as a counterbalance to the secular nobility. In the struggle for investiture, on the one hand, adherents of the Church of Cluny reform, led by Hildebrand (from 1073, Pope Gregory VII), and on the other, supporters of the preservation of secular investiture, led by Emperor Henry IV, spoke out. The open struggle of the papacy with the imperial power began in 1075, after the accession to the papal throne of Gregory VII. The Council of 1075 declared the investiture of the clergy to be secular persons invalid. In a fierce and prolonged struggle, the critical episode of which was Canossa (1077), neither side was able to win. In 1122 the Worms concordat was concluded, ending the struggle for investiture. The prelates elected by the chapters received spiritual investiture from the pope, and the secular one from the emperor.

Historical Dictionary. 2000 .

See what "Investiture" is in other dictionaries:

- (middle century lat.investitura, from lat.investtire to dress). 1) the right of introduction and the very introduction into the ownership of real estate of the new owner, 2) in Protestant countries, the solemn introduction of a new clergyman into office. Dictionary foreign words,… … Dictionary of foreign words of the Russian language

- (late lat. investitura from investio clothe, clothe) the consent of the parliament to the beginning of the government's activity. In the Middle Ages In medieval Europe, the legal act of the transfer of land ownership or office, securing a vassal ... ... Wikipedia

investiture- s, w. investiture f. , cf. lat. investitura. legal entity Awarding an estate, rank, rank, as well as a document, a sign confirming this (in Western Europe). Sl. 18. Investiture ruling in the rank. LVN 7. It was decided that the aforementioned Tsars, entering ... Historical Dictionary of Russian Gallicisms

- (from Lat. investio I dress) 1) in the Middle Ages in Western Europe, the legal act of introducing a vassal into the possession of the fief; 2) in constitutional law, the vesting of a person or group of persons with the powers provided for by the constitution. The concept of I. ... ... Legal Dictionary

INVESTMENT, investiture, wives (lat.investitura) (ist.). In the Middle Ages, accompanied by a special ceremony, the introduction of a vassal into the possession of a fief or the transfer of land property into the possession of a clergyman (bishop, abbot). Ushakov's Explanatory Dictionary. ... ... Ushakov's Explanatory Dictionary

Lat. endowment; a grant than and putting into possession, dignity, etc. Dahl's Explanatory Dictionary. IN AND. Dahl. 1863 1866 ... Dahl's Explanatory Dictionary

Noun., Number of synonyms: 3 endowment (6) ceremony (64) award (14) Dictionary ... Synonym dictionary

Investiture- (Investiture), officer. confirmation in the clergy of a bishop or abbot with the transfer of the corresponding church to him. property and income from it. In the Middle Ages, when kings approved bishops and abbots in dignity, it was believed that they receive spiritual ... ... The World History

Investiture- (Latin investitura from investio I clothe; English investiture) 1) in ancient German law, a method of transferring ownership of real estate, expressed in symbolic acts and formalities; 2) in the medieval West. Europe, consolidating the vassal ... ... Encyclopedia of Law

INVESTITURE- (from Lat. investio I dress) 1) in the Middle Ages in Western Europe, the legal act of introducing a vassal into the possession of the fief; 2) in constitutional law, the vesting of a person or group of persons with the powers provided for by the constitution. The concept of "I." ... ... Legal encyclopedia

Investiture - in the medieval West. Europe is a formal legal act of introducing ownership of property or office (secular or ecclesiastical), accompanied by the ritual transfer of insignia, symbolizing power and the right to exercise official powers.

The historical roots of I. go back to pre-Christian antiquity and reflect the identification of a legal norm with the form of its implementation inherent in archaic thinking. For example, in early medieval customary law, after the completion of an oral transaction for the transfer of land ownership, the new owner, in the presence of witnesses, received from the former a handful of land, sometimes with a branch stuck in it, or a straw as a sign of the transfer of not only the site, but all the rights associated with it. Over time, such legal acts become more and more symbolic and are limited to the transfer of the symbols of this property (for example, a lump of earth) and the preparation of a corresponding document.

With the feudalization of society and the development of vassal-feudal relations, I. became one of the three fundamental elements of formalizing a vassal agreement (commendatio) along with (homagium) and an oath of allegiance (fidelitas). Lennaya I. cemented a bilateral personal alliance between the vassal and suzerain as well as the relationship of land dependence. The future vassal with his bare head, unarmed and kneeling, put folded palms in his hands senora, thereby entrusting himself (commendare) to his patronage, becoming his "man" (homo, hence homagium). The suzerain raised him, and they exchanged kisses. Taking an oath of allegiance and assuming the obligations of military service (auxilium) and participation in the judicial and administrative activities of the seigneur (consilium), the vassal received in return a guarantee of military and administrative protection (defensio) and income-generating possession (see). The insignias transmitted at the same time represented the right of the beneficiary owner to perform official powers and at the same time legitimized and manifested his power over the territory and people: a staff (rod, scepter) meant the delegation of judicial powers by the senior to the vassal; sword - the right of coercion, that is, the punishing and disciplining function of power; spear - the right to order. The presentation of the banner (vexillum, panna) indicated the special status of the fief, which made its owner a royal vassal.

In the XII century. the norms of secular I., generally characteristic of, were recorded in the "Books of the Feuds" (Libri feudorum) - a set of customary senior law. In the late Middle Ages, I. had an outside system as well, for example, I. with the staff of managing large estates (gastaldus). The symbolic transfer of the pen in the act of I. notaries (investitura per pen nam) was not only a form of representation of their right to exercise their official powers, but also a form of legitimation of the documents drawn up by them. As the Church is involved in the beneficiary system of distribution of land property and the transformation of bishops and large bishops into links of administrative state administration (see) I. from the sphere of feudal law also penetrates into the sphere of church organization - upon introduction into the church office and into the possession of the corresponding beneficiary (diocese , an abbey, a church): kings or large princes in the subject territories carried out I. the newly elected, the owners of private churches and monasteries - priests and abbots appointed to them by their choice. Initially, the introduction to the ecclesiastical office, in contrast to I. in the world, represented two different procedures: the canonical (ordinatio), which included the liturgically formalized ordination to dignity and the transfer (traditio) of the corresponding positions of insignia, and the I. proper by the secular ruler, who as the supreme owner and subject of law delegated to the clergyman the "secular component" of his power, that is, due to the position of ownership, rights and powers. The signs of the episcopal dignity, which gave the highest spiritual authority in the diocese, were the staff (baculum pastoralis, pedum), symbolizing the pastoral functions of the bishop, and the ring (anulus) - the sign of his spiritual marriage with the Christian church, lifelong connection with the diocese community and responsibility for it. According to the prevailing in the VII century. tradition, they were passed on to the new bishop by the metropolitan in the last part of the order of ordination.

However, already in the X century. The I. of the newly elected bishop with the staff passes into the competence of the king and is interpreted as a form of transferring power over the bishopric, according to the formula he utters: “Accept the Church” (accipe ecclesiam). Beginning in 1039, the German emperor Henry III began to conduct I. bishops not only with a staff, but also with a ring (investitura per anulum et baculum), thus taking upon himself the transfer of the symbols of his spiritual power to the bishop in an act of worldly I. (after the king gave these objects and were transferred to the bishop a second time at ordination). In the act of I. priest, the owner of the church handed him an altar cover, a rope from a bell, a key to a church or a table. Church I. testified to the dependence of the Catholic Church at all its structural levels on secular authorities, which in fact usurped the right to appoint to church positions and to dispose of income from church property. under the sign of the Gregorian church reform led to a protracted conflict between the papacy and the emperors, known as the "fight for I." or "dispute about I." (controversia investiturae) (See art. Worms concordat).

Lit .: Arnautova Yu. E. Investment in the Church: idea, practice, meaning // Middle Ages. Issue 72. M., 2011. pp. 22-59; Goez W. Kirchenreform und Investiturstreit: 910-1122. Stuttgart, 2008. Keller H. Die Investitur: Ein Beitrag zum Problem der "Staatssymbolik" im Hochmittelalter // Frühmittelalterliche Studien. Bd. 27. Berlin, 1993. S. 51-86.