2 - Theocratic World Order and Religious Wars

Summary

The question of rights for non-Christians emerged out of a theocratic papalist conception of world order during the medieval crusades typified by the canon lawyer Sinibaldo Fieschi (later Pope Innocent IV). It then informed the dominant and ambivalent legal view of Christian-infidel relations in Latin Christendom represented in very different ways by both Innocent IV and his creative commentator, Polish jurist Paulus Vladimiri. This chapter considers the political translation of Innocent’s canon legal opinion on Christian-infidel relations to support the Iberian cause of missionary war in spreading the faith through Crown and Empire across the Atlantic. Theocratic world order, as articulated by Spanish royal jurists and conquistadors like Juan López de Palacios Rubios and Hernán Cortés, chiefly rested its justification for European expansion on the right of punishing infidels for their violation of natural law, the sin of idolatry above all. Infidels had dominium, in principle, but Europeans could claim superior jurisdiction over them when they presented obstacles to the spreading of religion and civilization.