In 812, the eastern Emperor was induced to recognise his western brother's imperial title. The old Roman Empire was now restored in the West on a Germanic rather than a Roman basis, a fact which revealed the new and decisive Germanic element in the West. Both the Emperor and the Pope were benefited beyond measurement by the change, and it is difficult to say which the more. A Frankish ruler and his family had become the successors of the Cæsars. The Pope assumed that he had created the Emperor and henceforth insisted upon the necessity of papal consecration to the validity of imperial power.[312:1] The Pope had received a powerful defender and a master who laboured unceasingly to build up the Church. The foundation was laid for the two rival theories of the relation of Church and state, viz., the papal theory and the imperial theory. Henceforth, both Pope and Emperor have a new meaning and a different career. A new chapter in mediæval history and in European civilisation was introduced. Christmas 800 "was the most important day for the next thousand years of the world's history."[312:2]

The results of the rule of Charles as Emperor (800-814) will now be considered:

1. Religious. As Emperor, Charles regarded himself, like the early Cæsars, as the head of the Church. Hence he spent the winter of 800-801 in settling religious affairs in Italy. He insisted on rigid obedience in the hierarchy and the subjection of all ecclesiastical authority to the imperial will. "The Church had to obey him, not he the Church." The Pope was his chief

bishop in his capital city, but always treated with filial respect and consideration. The bishops were his sworn vassals, like counts. The appellate power of Rome was never once used during his rule. He held the appointment of the higher clergy in his own hands, though after 803, he permitted the appearance of a popular election.[313:1] He issued edicts on Church matters with as much authority as in purely secular affairs. In fact, in his laws the political and religious are so blended that they can hardly be separated.[313:2] His conception of the relation of the Church and state has played a vital part in the history of Europe down to the present time. That relationship was stated by Charles in these words: "It is my bounden duty, by the help of the divine compassion, everywhere to defend outwardly by arms the Holy Church of Christ against every attack of the heathen and every devastation caused by unbelievers, and inwardly to defend it by the recognition of the general faith. But it is your duty, Holy Father, to raise your hands to God, as Moses did, and to support my military services by your prayers."[313:3] It is very evident that in his mind the old Roman idea of the relation of Church and Empire was dominant. The connection of Church and state, which Constantine founded, he established on a firmer basis. The initiative and decision of all ecclesiastical cases were in his hands.[313:4] He called Church councils and presided over them just as he summoned his privy council. The council of Arles (813) sent him its canons to be changed

and ratified at will.[314:1] Discipline, faith, and doctrine all came within his jurisdiction. He even put filioque into the Nicene Creed against the Pope's remonstrances (809).[314:2] In short, he organised, systematised, and controlled the Church in all its branches as a necessary part of his theocracy.[314:3] He ruled as a David, or a Josiah rather than an Augustus or a Constantine. Churchmen of ability held seats in the civil assemblies and were given important political positions. The Church was forced to contribute soldiers and money to maintain the Empire,[314:4] although the clergy themselves in 801 were forbidden to participate in military life. At the same time, he gave the Church for the first time the legal right to collect tithes, bestowed rich gifts, and endowed monasteries, splendid churches and cathedrals. No wonder a satirical priest complained that the power of Peter was confined to heaven, while the Church militant was the property of the king of the Franks.

The Pope and clergy gladly acquiesced in the usurpation of Charles as they did in that of Constantine and even gave him the papal title of "Bishop of Bishops" and "David." The grateful Pope Adrian in a council of fifty-three bishops gave him the right to name successors for the Holy See.[314:5] This was little more, however, than the transference to Charles of a right exercised by all the eastern Emperors. Stephen IV. decreed that no Pope could be elected save in the presence of imperial delegates (815).[314:6]

Pope Paschal III. had the great patron of the Church canonised. Even the Patriarch of Jerusalem recognised him as the head of Christendom and sent him the keys of the Holy Sepulchre on Mount Calvary and the flag of the city.[315:1]

2. Political. Charles clearly differentiated between his office as king and as Emperor. In recognition of his new dignity, he laid aside his German royal costume, and donned the Roman imperial tunic, chlamys, and sandals.[315:2] He ordered that "every man in his whole realm be he clergyman or be he layman, shall renew to him as Emperor the vow of fidelity previously taken to him as king," and that "those who have not yet taken the former vow, shall now do likewise, even down to boys twelve years of age" (802).[315:3] Rome was the capital of his Empire; Aachen, of his German kingdom. He divided his Empire among his three sons as kings, but the death of two of them left Louis both king and Emperor.[315:4] The Empire which he carved out with the sword was now unified and ruled by imperial law instead of tradition and custom. His Empire embraced all western continental Europe except central and southern Spain and southern Italy. It included Germans as well as Romans, Slavs, Celts, and Greeks, and was held together by an imperial army.[315:5] It united the Teutonic civilisation with the Romanic on a Christian basis. It was divided into twenty-two archbishoprics.

Charles, as the new Constantine of the West, was the

absolute sovereign of this realm. His laws covered every detail in the whole life of his people.[316:1] Bishops were forbidden to keep falcons; nuns must not write love letters; the kind of altar pieces used in Churches was specified; priests were not to wear shoes in divine services. A pure life was ordered for monks. Instructions were given to farmers for feeding hens and roosters; the kind of apples to be grown was prescribed; wine-presses and not feet-presses were to be used. Even the prices of food and of clothes were regulated by law—a fur coat, it was decreed, should sell for thirty shillings, a cloth coat for ten shillings.[316:2] The Empire was divided into districts and marks, ruled over by imperial "missi" and counts, who executed their master's will.[316:3] Yet notwithstanding these magnificent and successful efforts to thwart the Teutonic tendencies to localisation, each tribe was permitted to retain its own laws, its hereditary chiefs, and its free popular assemblies of freemen.