The Holy Roman Empire. Viscount James Bryce

superintendence of matters spiritual which he was wont to exercise, and which led some one to give him playfully a title that had once been applied to the Pope himself, 'Episcopus episcoporum.'

      The imperial office in its ecclesiastical relations.

      Acting and speaking thus when merely king, it may be thought that Charles needed no further title to justify his power. The inference is in truth rather the converse of this. Upon what he had done already the imperial title must necessarily follow: the attitude of protection and control which he held towards the Church and the Holy See belonged, according to the ideas of the time, especially and only to an Emperor. Therefore his coronation was the fitting completion and legitimation of his authority, sanctifying rather than increasing it. We have, however, one remarkable witness to the importance that was attached to the imperial name, and the enhancement which he conceived his office to have received from it. In a great assembly held at Aachen, A.D. 802, the lately-crowned Emperor revised the laws of all the races that obeyed him, endeavouring to harmonize and correct them, and issued a capitulary singular in subject and tone70.

      Capitulary of A.D. 802.

      All persons within his dominions, as well ecclesiastical as civil, who have already sworn allegiance to him as king, are thereby commanded to swear to him afresh as Cæsar; and all who have never yet sworn, down to the age of twelve, shall now take the same oath. 'At the same time it shall be publicly explained to all what is the force and meaning of this oath, and how much more it includes than a mere promise of fidelity to the monarch's person. Firstly, it binds those who swear it to live, each and every one of them, according to his strength and knowledge, in the holy service of God; since the lord Emperor cannot extend over all his care and discipline. Secondly, it binds them neither by force nor fraud to seize or molest any of the goods or servants of his crown. Thirdly, to do no violence nor treason towards the holy Church, or to widows, or orphans, or strangers, seeing that the lord Emperor has been appointed, after the Lord and his saints, the protector and defender of all such.' Then in similar fashion purity of life is prescribed to the monks; homicide, the neglect of hospitality, and other offences are denounced, the notions of sin and crime being intermingled and almost identified in a way to which no parallel can be found, unless it be in the Mosaic code. There God, the invisible object of worship, is also, though almost incidentally, the judge and political ruler of Israel; here the whole cycle of social and moral duty is deduced from the obligation of obedience to the visible autocratic head of the Christian state.

      In most of Charles's words and deeds, nor less distinctly in the writings of his adviser Alcuin, may be discerned the working of the same theocratic ideas. Among his intimate friends he chose to be called by the name of David, exercising in reality all the powers of the Jewish king; presiding over this kingdom of God upon earth rather as a second Constantine or Theodosius than in the spirit and traditions of the Julii or the Flavii. Among his measures there are two which in particular recall the first Christian Emperor. As Constantine founds so Charles erects on a firmer basis the connection of Church and State. Bishops and abbots are as essential a part of rising feudalism as counts and dukes. Their benefices are held under the same conditions of fealty and the service in war of their vassal tenants, not of the spiritual person himself: they have similar rights of jurisdiction, and are subject alike to the imperial missi. The monarch tries often to restrict the clergy, as persons, to spiritual duties; quells the insubordination of the monasteries; endeavours to bring the seculars into a monastic life by instituting and regulating chapters. But after granting wealth and power, the attempt was vain; his strong hand withdrawn, they laughed at control. Again, it was by him first that the payment of tithes, for which the priesthood had long been pleading, was made compulsory in Western Europe, and the support of the ministers of religion entrusted to the laws of the state.

      Influence of the imperial title in Germany and Gaul.

      In civil affairs also Charles acquired, with the imperial title, a new position. Later jurists labour to distinguish his power as Roman Emperor from that which he held already as king of the Franks and their subject allies: they insist that his coronation gave him the capital only, that it is absurd to talk of a Roman Empire in regions whither the eagles had never flown71. In such expressions there seems to lurk either confusion or misconception. It was not the actual government of the city that Charles obtained in A.D. 800: that his father had already held as Patrician and he had constantly exercised in the same capacity: it was far more than the titular sovereignty of Rome which had hitherto been supposed to be vested in the Byzantine princes: it was nothing less than the headship of the world, believed to appertain of right to the lawful Roman Emperor, whether he reigned on the Bosphorus, the Tiber, or the Rhine. As that headship, although never denied, had been in abeyance in the West for several centuries, its bestowal on the king of so vast a realm was a change of the first moment, for it made the coronation not merely a transference of the seat of Empire, but a renewal of the Empire itself, a bringing back of it from faith to sight, from the world of belief and theory to the world of fact and reality. And since the powers it gave were autocratic and unlimited, it must swallow up all minor claims and dignities: the rights of Charles the Frankish king were merged in those of Charles the successor of Augustus, the lord of the world. That his imperial authority was theoretically irrespective of place is clear from his own words and acts, and from all the monuments of that time. He would not, indeed, have dreamed of treating the free Franks as Justinian had treated his half-Oriental subjects, nor would the warriors who followed his standard have brooked such an attempt. Yet even to German eyes his position must have been altered by the halo of vague splendour which now surrounded him; for all, even the Saxon and the Slave, had heard of Rome's glories, and revered the name of Cæsar.

      Action of Charles on Europe.

      And in his effort to weld discordant elements into one body, to introduce regular gradations of authority, to control the Teutonic tendency to localization by his missi– officials commissioned to traverse each some part of his dominions, reporting on and redressing the evils they found – and by his own oft-repeated personal progresses, Charles was guided by the traditions of the old Empire. His sway is the revival of order and culture, fusing the West into a compact whole, whose parts are never thenceforward to lose the marks of their connection and their half-Roman character, gathering up all that is left in Europe of spirit and wealth and knowledge, and hurling it with the new force of Christianity on the infidel of the South and the masses of untamed barbarism to the North and East. Ruling the world by the gift of God, and the transmitted rights of the Romans and their Cæsar whom God had chosen to conquer it, he renews the original aggressive movement of the Empire: the civilized world has subdued her invader72, and now arms him against savagery and heathendom. Hence the wars, not more of the sword than of the cross, against Saxons, Avars, Slaves, Danes, Spanish Arabs, where monasteries are fortresses and baptism the badge of submission. The overthrow of the Irminsûl73, in the first Saxon campaign74, sums up the changes of seven centuries. The Romanized Teuton destroys the monument of his country's freedom, for it is also the emblem of paganism and barbarism. The work of Arminius is undone by his successor.

      His position as Frankish king.

      This, however, is not the only side from which Charles's policy and character may be regarded. If the unity of the Church and the shadow of imperial prerogative was one pillar of his power, the other was the Frankish nation. The Empire was still military, though in a sense strangely different from that of Julius or Severus. The warlike Franks had permeated Western Europe; their primacy was admitted by the kindred tribes of Lombards, Bavarians, Thuringians, Alemannians, and Burgundians; the Slavic peoples on the borders trembled and paid tribute; Alfonso of Asturias found in the Emperor a protector against the infidel foe. His influence, if not his exerted power, crossed the ocean: the kings of the Scots sent gifts and called him lord75: the restoration of Eardulf to Northumbria, still more of Egbert to Wessex, might furnish a better ground for the claim of suzerainty than many to which his successors had afterwards recourse. As it was by Frankish arms that this predominance in Europe which the imperial

70

Pertz, M. G. H. iii. (legg. I.)

71

Pütter, Historical Development of the German Constitution; so too Conring, and esp. David Blondel, Adv. Chiffletium.

72

'Græcia capta ferum victorem cepit,' is repeated in this conquest of the Teuton by the Roman.

73

The notion that once prevailed that the Irminsûl was the 'pillar of Hermann,' set up on the spot of the defeat of Varus, is now generally discredited. Some German antiquaries take the pillar to be a rude figure of the native god Irmin; but nothing seems to be known of this alleged deity: and it is more probable that the name Irmin is after all merely an altered form of the Keltic word which appears in Welsh as Hir Vaen, the long stone (Maen, a stone). Thus the pillar, so far from being the monument of the great Teutonic victory, would commemorate a pre-Teutonic race, whose name for it the invading tribes adopted. The Rev. Dr. Scott, of Westminster, to whose kindness I am indebted for this explanation, informs me that a rude ditty recording the destruction of the pillar by Charles was current on the spot a few years ago. It ran thus: —

'Irmin slad IrminSla Pfeifen sla TrommenDer Kaiser wird kommenMit Hammer und StangenWird Irmin uphangen.'

74

Eginhard, Ann.

75

Most probably the Scots of Ireland – Eginhard, Vita Karoli, cap. 16.