The History of the Holy Roman Empire: 1st Century A.D. - 19th Century. Viscount James Bryce
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of the East and West, but to reverse the act of Constantine, and make Old Rome again the civil as well as the ecclesiastical capital of the Empire that bore her name. Their deed was in its essence illegal, but they sought to give it every semblance of legality: they professed and partly believed that they were not revolting against a reigning sovereign, but legitimately filling up the place of the deposed Constantine the Sixth; the people of the imperial city exercising their ancient right of choice, their bishop his right of consecration.
Their purpose was but half accomplished. They could create but they could not destroy: they set up an Emperor of their own, whose representatives thenceforward ruled the West, but Constantinople retained her sovereigns as of yore; and Christendom saw henceforth two imperial lines, not as in the time before A.D. 476, the conjoint heads of a single realm, but rivals and enemies, each denouncing the other as an impostor, each professing to be the only true and lawful head of the Christian Church and people. Although therefore we must in practice speak during the next seven centuries (down till A.D. 1453, when Constantinople fell before the Mohammedan) of an Eastern and a Western Empire, the phrase is in strictness incorrect, and was one which either court ought to have repudiated. The Byzantines always did repudiate it; the Latins usually; although, yielding to facts, they sometimes condescended to employ it themselves. But their theory was always the same. Charles was held to be the legitimate successor, not of Romulus Augustulus, but of Basil, Heraclius, Justinian, Arcadius, and all the Eastern line; and hence it is that in all the annals of the time and of many succeeding centuries, the name of Constantine VI, the sixty-seventh in order from Augustus, is followed without a break by that of Charles, the sixty-eighth.
The maintenance of an imperial line among the Greeks was a continuing protest against the validity of Charles's title. But from their enmity he had little to fear, and in the eyes of the world he seemed to step into their place, adding the traditional dignity which had been theirs to the power that he already enjoyed. North Italy and Rome ceased for ever to own the supremacy of Byzantium; and while the Eastern princes paid a shameful tribute to the Mussulman, the Frankish Emperor—as the recognised head of Christendom—received from the patriarch of Jerusalem the keys of the Holy Sepulchre and the banner of Calvary; the gift of the Sepulchre itself, says Eginhard, from Aaron king of the Persians70. Out of this peaceful intercourse with the great Khalif the romancers created a crusade. Within his own dominions his sway assumed a more sacred character. Already had his unwearied and comprehensive activity made him throughout his reign an ecclesiastical no less than a civil ruler, summoning and sitting in councils, examining and appointing bishops, settling by capitularies the smallest points of church discipline and polity. A synod held at Frankfort in A.D. 794 condemned the decrees of the second council of Nicæa, which had been approved by Pope Hadrian, censured in violent terms the conduct of the Byzantine rulers in suggesting them, and without excluding images from churches, altogether forbade them to be worshipped or even venerated. Not only did Charles preside in and direct the deliberations of this synod, although legates from the Pope were present—he also caused a treatise to be drawn up stating and urging its conclusions; he pressed Hadrian to declare Constantine VI a heretic for enouncing doctrines to which Hadrian had himself consented. There are letters of his extant in which he lectures Pope Leo in a tone of easy superiority, admonishes him to obey the holy canons, and bids him pray earnestly for the success of the efforts which it is the monarch's duty to make for the subjugation of pagans and the establishment of sound doctrine throughout the Church. Nay, subsequent Popes themselves71 admitted and applauded the despotic 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.'
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 tone72. 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.
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 flown73. 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