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Concordat of Worms, sometimes called the Pactum Calixtinum by papal historians,〔In his article, "The Pactum Callixtinum: An Innovation in Papal Diplomacy", (''The Catholic Historical Review'' 8.2 (1922:180–190 )) P. W. Browne observes that the term ''concordat'' was not in use until Nicolas of Cusa's ''De concordantia catholica''〕 was an agreement between Pope Calixtus II and Holy Roman Emperor Henry V on September 23, 1122 near the city of Worms. It brought to an end the first phase of the power struggle between the Papacy and the Holy Roman Emperors and has been interpreted〔Bruce Bueno de Mesquita, "Popes, Kings, and Endogenous Institutions: The Concordat of Worms and the Origins of Sovereignty", ''International Studies Review'' 2.2, Continuity and Change in the Westphalian Order (Summer 2000), pp. 93–118: his thesis briefly expressed at the outset, is that "the development of important institutions of the modern sovereign state are partially an endogenous product of strategic manoeuvring between the Catholic Church and European kings over political control within their domains" (p. 93).〕 as containing within itself the germ of nation-based sovereignty that would one day be confirmed in the Treaty of Westphalia (1648); in part this was an unforeseen result of strategic manoeuvring between the Church and the European sovereigns over political control within their domains. The King was recognised as having the right to invest bishops with secular authority ("by the lance") in the territories they governed, but not with sacred authority ("by ring and staff"); the result was that bishops owed allegiance in worldly matters both to the pope and to the king, for they were obligated to affirm the right of the sovereign to call upon them for military support, under his oath of fealty. Previous Holy Roman Emperors had thought it their right, granted by God, to name Church officials within their territories (such as bishops) and to confirm the Papal election (and, at times of extraordinary urgency, actually name popes). In fact, the Emperors had been heavily relying on bishops for their secular administration, as they were not hereditary or quasi-hereditary nobility with family interests, thus adding further suspense to the struggle. A more immediate result of the Investiture struggle identified a proprietary right that adhered to sovereign territory, recognising the right of kings to income from the territory of a vacant diocese and a basis for justifiable taxation. These rights lay outside feudalism, which defined authority in a hierarchy of personal relations, with only a loose relation to territory.〔Bueno de Mesquita 2000, p. 95,〕 The pope emerged as a figure above and out of the direct control of the Holy Roman Emperor. Following efforts by Lamberto Scannabecchi (later Pope Honorius II) and the Diet of Würzburg (1121) in 1122, Pope Calixtus II and Holy Roman Emperor Henry V entered into an agreement that effectively ended the Investiture Controversy. By the terms of the agreement, the election of bishops and abbots in Germany was to take place in the emperor's presence as judge between potentially disputing parties, free of bribes, thus retaining to the emperor a crucial role in choosing these great territorial magnates of the Empire. Beyond the borders of Germany, in Burgundy and Italy, the Emperor was to forward the symbols of authority within six months. Calixtus' reference to the feudal homage due the emperor on appointment is guarded: "shall do unto thee for these what he rightfully should" was the wording of the ''privilegium'' granted by Calixtus. The Emperor's right to a substantial imbursement on the election of a bishop or abbot was specifically denied. The Emperor renounced the right to invest ecclesiastics with ring and crosier, the symbols of their spiritual power, and guaranteed election by the canons of cathedral or abbey and free consecration. The two ended by granting one another peace. The Concordat was confirmed by the First Council of the Lateran in 1123. The Concordat of Worms was a part of the larger reforms put forth by many popes, most notably Pope Gregory VII. These included celibacy of the clergy, end of simony and autonomy of the Church from secular leaders (lack of autonomy was known as lay investiture). ==Inheritance and alienation== The most prized and contested rights that attached to benefices were inheritance and security against confiscation. Benefices were lands granted by the Church to faithful lords. In exchange, the Church expected rent or other services, such as military protection. These lands would then be further divided between lesser lords and commoners. This was the nature of European feudalism. Inheritance was an important issue, since land could fall into the hands of those who did not have loyalty to the Church or the great lords. The usual grant was ''in precaria'', the granting of a life tenure, whereby the tenant stayed on the land only at the pleasure of the lord. The tenant could be expelled from the land at any time. His tenancy was ''precarious''. Counts’ benefices came to be inherited as counties were broken up and as counts assimilated their offices and ex-officio lands to their family property. In central Europe, kings and counts probably were willing to allow the inheritance of small parcels of land to the heirs of those who had offered military or other services in exchange for tenancy. This was contingent on the heirs being reasonably loyal and capable. Churches in Germany, as elsewhere, were willing to allow peasants to inherit their land. This was a source of profit to both churches and lords when the inheritors were charged a fee to inherit the land. Most bishops had a different attitude toward freemen and nobles. To these peasants, grants were made ''in precario'' or ''in beneficio'', usually for a specified and limited number of ''life tenures''. It was not impossible to recover land left to noble families for generations. But the longer the family held church land, the more difficult it was to oust them from the land. Some church officials came to view granting land to noble families amounted to outright alienation.〔Urkundenbuch mittelrhein. Terr., I. No. 168,;〕〔Dip. Hein. II, no, 433〕〔Reg. Hist. Westfaliae, no. 198〕〔Reynolds, Susan, p. 430 “Fiefs and Vassals”, Oxford, 1994〕 By the twelfth century great churches in Germany, like those elsewhere were finding it difficult to hold out against the accumulation of lay custom and lay objections to temporary inheritance. The Bishop of Worms issued a statement in 1120 indicating the poor and unfree should be allowed to inherit tenancy without payment of fees. It appears to have been something novel.〔Reynolds, S. p. 431, ibid.〕 The growing masses of unfree and the marginal were needed for labour, and to bolster the military of both nobility and the church. By the time of Henry IV, bargaining by the peasants for the benefit of the group was the norm.〔Dip. Hein. IV, no. 125〕〔Reynolds, S. p. 431〕 Except Henry IV was before 1120. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Concordat of Worms」の詳細全文を読む スポンサード リンク
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