Journal of the History of Ideas

Francisco de Vitoria, professor of theology at the University of Salamanca from 1526 until his death in 1546, is widely recognized as the leader of the sixteenth-century scholastic revival and one of the foremost Catholic political thinkers of his day. His surviving relectiones (the lectures given in Salamanca at the end of each university term) cover a wide range of issues from the morality of cannibalism to the legality of Henry VIII’s divorce. ¹ Yet modern scholarly interest in Vitoria and his disciples (collectively known as “the School of Salamanca”) has focused mainly on issues relevant to the moral and legal problems of secular nation-states. Between this century’s two great wars Spanish and American scholars took a renewed interest in Vitoria’s published relectiones, seeing in them early expressions of the doctrine of international law, and arguing that Vitoria deserved some of the credit generally given to Hugo Grotius as the inventor of this concept. ² Since then Spanish, American, and British scholarship on Vitoria and the School of Salamanca has continued to center mainly on such issues as just war, conquest, and slavery. ³ In the 1980s Anthony Pagden [End Page 597] revisited these questions, interpreting the School of Salamanca’s neo-Scholastic teachings as part of the “ideological armature of what [was arguably] the first early modern nation state.” ⁴ From a similar methodological perspective, Richard Tuck and Quentin Skinner have described the neo-Thomist revival of natural law as an important influence on the development of modern legal and political concepts like the subjective theory of natural rights and the Lockean contractual theory of political obligation. ⁵ Most recently, Pagden and Jeremy Lawrance have edited and translated into English a selection of Vitoria’s “political writings,” which will serve as a welcome aid for future research on any of these themes. ⁶

Yet Vitoria’s end-of-term lectures in Salamanca also discussed a number of other themes apart from the political theory of secular states. Among these, the theme of the structure and power of ecclesiastical government has so far received less attention than it deserves. ⁷ Ecclesiastical power, or “the power of the Church,” was one of only two subjects to which Vitoria devoted two relectiones each (the other being the famous debate about Spanish rights to dominion in America). Vitoria delivered his two lectures on ecclesiastical government, both entitled De potestate ecclesiae, in 1532 and 1533. In 1534 he lectured on the closely related theme of “the power of the pope and the council” (De potestate papae et concilii). ⁸ Vitoria’s treatment, in these three lectures, of the authority of the Church, the pope, and the general council is worth examining more closely not only for the intrinsic interest of these issues but perhaps even more for the light it sheds on the formation of Vitoria’s thinking about secular political power. All three relectiones preceded the two famous Relectiones de indiis (“On the American Indians”) which Vitoria delivered in [End Page 598] 1538 and 1539. For churchmen like the Dominican Vitoria, ecclesiastical and secular political power were inextricably linked; theories posited in one sphere had implications in the other, and in some cases these implications proved politically or theologically awkward enough to force a thinker back to the drawing board. The political theories about the natural origins of secular political power which Vitoria articulated in the late 1530s in his Relectiones de indiis reflect this painful process. They were not only inspired by Vitoria’s awareness of the plight of the American Indians under Spanish colonial rule; they were also shaped by his protracted struggle with the theological implications of natural law theory, a struggle which can be observed in his lectures of the early 1530s on ecclesiastical power.

Observing this intellectual struggle in Vitoria’s writing affords more than just one more illustration of how all political thought is rooted in particular social contexts. For Francisco de Vitoria stood at a particularly significant juncture in the history of political thought. The position he carefully defined in the 1530s was characterized by a strong emphasis on the distinction between...