The Holy Roman Empire. Viscount James Bryce

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The Holy Roman Empire - Viscount James Bryce


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or hostility of the temporal power, to imitate and rival, not to supersede it; since they held it the necessary complement of their own, and thought the Christian people equally imperilled by the fall of either. Hence the reluctance of Gregory II to break with the Byzantine princes114, and the maintenance of their titular sovereignty till A.D. 800: hence the part which the Holy See played in transferring the crown to Charles, the first sovereign of the West capable of fulfilling its duties; hence the grief with which its weakness under his successors was seen, the gladness when it descended to Otto as representative of the Frankish kingdom.

      The Roman Empire revived in a new character.

      Up to the era of A.D. 800 there had been at Constantinople a legitimate historical prolongation of the Roman Empire. Technically, as we have seen, the election of Charles, after the deposition of Constantine VI, was itself a prolongation, and maintained the old rights and forms in their integrity. But the Pope, though he knew it not, did far more than effect a change of dynasty when he rejected Irene and crowned the barbarian chief. Restorations are always delusive. As well might one hope to stop the earth's course in her orbit as to arrest that ceaseless change and movement in human affairs which forbids an old institution, suddenly transplanted into a new order of things, from filling its ancient place and serving its former ends. The dictatorship at Rome in the second Punic war was not more unlike the dictatorships of Sulla and Cæsar, nor the States-general of Louis XIII to the assembly which his unhappy descendant convoked in 1789, than was the imperial office of Theodosius to that of Charles the Frank; and the seal, ascribed to A.D. 800, which bears the legend 'Renovatio Romani Imperii115 ,' expresses, more justly perhaps than was intended by its author, a second birth of the Roman Empire.

      It is not, however, from Carolingian times that a proper view of this new creation can be formed. That period was one of transition, of fluctuation and uncertainty, in which the office, passing from one dynasty and country to another, had not time to acquire a settled character and claims, and was without the power that would have enabled it to support them. From the coronation of Otto the Great a new period begins, in which the ideas that have been described as floating in men's minds took clearer shape, and attached to the imperial title a body of definite rights and definite duties. It is this new phase, the Holy Empire, that we have now to consider.

      Position and functions of the Emperor.

      The realistic philosophy, and the needs of a time when the only notion of civil or religious order was submission to authority, required the World-State to be a monarchy; tradition, as well as the continuance of certain institutions, gave the monarch the name of Roman Emperor. A king could not be universal sovereign, for there were many kings: the Emperor must be, for there had never been but one Emperor; he had in older and brighter days been the actual lord of the civilized world; the seat of his power was placed beside that of the spiritual autocrat of Christendom116. His functions will be seen most clearly if we deduce them from the leading principle of mediæval mythology, the exact correspondence of earth and heaven. As God, in the midst of the celestial hierarchy, ruled blessed spirits in paradise, so the Pope, His Vicar, raised above priests, bishops, metropolitans, reigned over the souls of mortal men below. But as God is Lord of earth as well as of heaven, so must he (the Imperator cœlestis[120]) be represented by a second earthly viceroy, the Emperor (Imperator terrenus[120] ), whose authority shall be of and for this present life. And as in this present world the soul cannot act save through the body, while yet the body is no more than an instrument and means for the soul's manifestation, so must there be a rule and care of men's bodies as well as of their souls, yet subordinated always to the well-being of that which is the purer and the more enduring. It is under the emblem of soul and body that the relation of the papal and imperial power is presented to us throughout the Middle Ages117. The Pope, as God's vicar in matters spiritual, is to lead men to eternal life; the Emperor, as vicar in matters temporal, must so control them in their dealings with one another that they may be able to pursue undisturbed the spiritual life, and thereby attain the same supreme and common end of everlasting happiness. In the view of this object his chief duty is to maintain peace in the world, while towards the Church his position is that of Advocate, a title borrowed from the practice adopted by churches and monasteries of choosing some powerful baron to protect their lands and lead their tenants in war118. The functions of Advocacy are twofold: at home to make the Christian people obedient to the priesthood, and to execute their decrees upon heretics and sinners; abroad to propagate the faith among the heathen, not sparing to use carnal weapons119.

      Correspondence and harmony of the spiritual and temporal powers.

      Thus does the Emperor answer in every point to his antitype the Pope, his power being yet of a lower rank, created on the analogy of the papal, as the papal itself had been modelled after the elder Empire. The parallel holds good even in its details; for just as we have seen the churchman assuming the crown and robes of the secular prince, so now did he array the Emperor in his own ecclesiastical vestments, the stole and the dalmatic, gave him a clerical as well as a sacred character, removed his office from all narrowing associations of birth or country, inaugurated him by rites every one of which was meant to symbolize and enjoin duties in their essence religious. Thus the Holy Roman Church and the Holy Roman Empire are one and the same thing, in two aspects; and Catholicism, the principle of the universal Christian society, is also Romanism; that is, rests upon Rome as the origin and type of its universality; manifesting itself in a mystic dualism which corresponds to the two natures of its Founder. As divine and eternal, its head is the Pope, to whom souls have been entrusted; as human and temporal, the Emperor, commissioned to rule men's bodies and acts.

      In nature and compass the government of these two potentates is the same, differing only in the sphere of its working; and it matters not whether we call the Pope a spiritual Emperor or the Emperor a secular Pope. Nor, though the one office is below the other as far as man's life on earth is less precious than his life hereafter, is therefore, on the older and truer theory, the imperial authority delegated by the papal. For, as has been said already, God is represented by the Pope not in every capacity, but only as the ruler of spirits in heaven: as sovereign of earth, He issues His commission directly to the Emperor. Opposition between two servants of the same King is inconceivable, each being bound to aid and foster the other: the co-operation of both being needed in all that concerns the welfare of Christendom at large. This is the one perfect and self-consistent scheme of the union of Church and State; for, taking the absolute coincidence of their limits to be self-evident, it assumes the infallibility of their joint government, and derives, as a corollary from that infallibility, the duty of the civil magistrate to root out heresy and schism no less than to punish treason and rebellion.

      Union of Church and State.

      It is also the scheme which, granting the possibility of their harmonious action, places the two powers in that relation which gives each of them its maximum of strength. But by a law to which it would be hard to find exceptions, in proportion as the State became more Christian, the Church, who to work out her purposes had assumed worldly forms, became by the contact worldlier, meaner, spiritually weaker; and the system which Constantine founded amid such rejoicings, which culminated so triumphantly in the Empire Church of the Middle Ages, has in each succeeding generation been slowly losing ground, has seen its brightness dimmed and its completeness marred, and sees now those who are most zealous on behalf of its surviving institutions feebly defend or silently desert the principle upon which all must rest.

      The complete accord of the papal and imperial powers which this theory, as sublime as it is impracticable, requires, was attained only at a few points in their history120. It was finally supplanted by another view of their relation, which, professing to be a development of a principle recognized as fundamental, the superior importance of the religious life, found increasing favour in the eyes of fervent churchmen121. Declaring the


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<p>114</p>

Döllinger has shewn in a recent work (Die Papst-Fabeln des Mittelalters) that the common belief that Gregory II excited the revolt against Leo the Iconoclast is unfounded.

So Anastasius, 'Ammonebat (sc. Gregorius Secundus) ne a fide vel amore Romani imperii desisterent.' —Vitæ Pontif. Rom.

<p>115</p>

Of this curious seal, a leaden one, preserved at Paris, a figure is given upon the cover of this volume. There are very few monuments of that age whose genuineness can be considered altogether beyond doubt; but this seal has many respectable authorities in its favour. See, among others, Le Blanc, Dissertation historique sur quelques Monnoies de Charlemagne, Paris, 1689; J. M. Heineccius, De Veteribus Germanorum aliarumque nationum sigillis, Lips. 1709; Anastasius, Vitæ Pontificum Romanorum, ed. Vignoli, Romæ, 1752; Götz, Deutschlands Kayser-Münzen des Mittelalters, Dresden, 1827; and the authorities cited by Waitz, Deutsche Verfassungs-geschichte, iii. 179, n. 4.

<p>116</p>

'Præterea mirari se dilecta fraternitas tua quod non Francorum set Romanorum imperatores nos appellemus; set scire te convenit quia nisi Romanorum imperatores essemus, utique nec Francorum. A Romanis enim hoc nomen et dignitatem assumpsimus, apud quos profecto primum tantæ culmen sublimitatis effulsit,' &c —Letter of the Emperor Lewis II to Basil the Emperor at Constantinople, from Chron. Salernit. ap. Murat. S. R. I.

'Illam (sc. Romanam ecclesiam) solus ille fundavit, et super petram fidei mox nascentis erexit, qui beato æternæ vitæ clavigero terreni simul et cœlestis imperii iura commisit.' —Corpus Iuris Canonici, Dist. xxii. c. 1. The expression is not uncommon in mediæval writers. So 'unum est imperium Patris et Filii et Spiritus Sancti, cuius est pars ecclesia constituta in terris,' in Lewis II's letter.

<p>118</p>

'Nonne Romana ecclesia tenetur imperatori tanquam suo patrono, et imperator ecclesiam fovere et defensare tanquam suus vere patronus? certe sic… Patronis vero concessum est ut prælatos in ecclesiis sui patronatus eligant. Cum ergo imperator onus sentiat patronatus, ut qui tenetur eam defendere, sentire debet honorem et emolumentum.' I quote this from a curious document in Goldast's collection of tracts (Monarchia Imperii), entitled 'Letter of the four Universities, Paris, Oxford, Prague, and the "Romana generalitas," to the Emperor Wenzel and Pope Urban,' A.D. 1380. The title can scarcely be right, but if the document is, as in all probability it is, not later than the fifteenth century, its being misdescribed, or even its being a forgery, does not make it less valuable as an evidence of men's ideas.

<p>119</p>

So Leo III in a charter issued on the day of Charles's coronation: '… actum in præsentia gloriosi atque excellentissimi filii nostri Caroli quem auctore Deo in defensionem et provectionem sanctæ universalis ecclesiæ hodie Augustum sacravimus.' – Jaffé Regesta Pontificum Romanorum, ad ann. 800.

So, indeed, Theodulf of Orleans, a contemporary of Charles, ascribes to the Emperor an almost papal authority over the Church itself: —

'Cœli habet hic (sc. Papa) claves, proprias te iussit habere;Tu regis ecclesiæ, nam regit ille poli;Tu regis eius opes, clerum populumque gubernas,Hic te cœlicolas ducet ad usque choros.'In D. Bouquet, v. 415.
<p>120</p>

Perhaps at no more than three: in the time of Charles and Leo; again under Otto III and his two Popes, Gregory V and Sylvester II; thirdly, under Henry III; certainly never thenceforth.

<p>121</p>

The Sachsenspiegel (Speculum Saxonicum, circ. A.D. 1240), the great North-German law book, says, 'The Empire is held from God alone, not from the Pope. Emperor and Pope are supreme each in what has been entrusted to him: the Pope in what concerns the soul; the Emperor in all that belongs to the body and to knighthood.' The Schwabenspiegel, compiled half a century later, subordinates the prince to the pontiff: 'Daz weltliche Schwert des Gerichtes daz lihet der Babest dem Chaiser; daz geistlich ist dem Babest gesetzt daz er damit richte.'