When Charles ascended the imperial throne of Rome an end was reached towards which ambitious German princes had for centuries aspired. The Germans had received from Rome the first impressions of a great political life, and it was under the influence of these impressions that all the Germanic kingdoms have been founded. The greatness of the Roman imperial state, the unity of its efficient armies, the pomp of the imperial court, the majesty of the law were, and remained, the ideal of the Germanic kings. Even when, in the West, the weakened empire of the cæsars had yielded under the impact of Germanic hordes, it nevertheless seemed to the noblest leaders of the latter to be the loftiest object of a mighty prince to restore the ruined structure by his own power and with his own means. But how was this to be accomplished so long as the German races themselves, without internal or external cohesion, weakened and exhausted one another in an almost uninterrupted series of wars, and so long as the leaders ruled over peoples who, with their defiant love of freedom, resisted any constraint of law and any energetic sovereignty? So the Visigoth Atawulf, the Ostrogoth Theodoric, and finally the first Merovingians had had to give up at the very first effort their bold plans of establishing the Western Empire; it was enough that they succeeded in bringing individual portions of the great whole under their sovereignty and forming them into separate kingdoms.
But the first Germanic prince who succeeded in breaking up forever the independence of the communities and in helping the royal authority to the final decisive victory over popular authority, and who proceeded at the same time to unite to his kingdom all the German races that had remained in their ancient seats, and join them again with the Germans who had emigrated and become romanised, also at once took up the idea of the Roman Empire and represented himself as the successor of the old emperors.
Thus for the first time there seemed to be a peaceful settlement of the long struggle between Rome and the Germans, in which the question involved was less the overthrow of the old-world power than the reception of the German races in the great federation of civilised peoples; less the destruction of the former civilisation than the further dissemination of all the intellectual treasures included in and cherished by the Roman power. It was not as slaves, indeed, conquered by the legions of Rome, that the Germans had been incorporated in the empire; with their arms in their hands they had gained the rights of citizens and of lords of the empire, and when they had filled and transformed everything with the elements of their nature, the free development of events placed the imperial sceptre of the West in the strong right hand of a German prince. So Charles entered upon the government of that great Germanic-Roman empire into which the ancient Roman power had been transformed.
Administration and Reforms of Charles
[800-814 A.D.]
But Charles’ ambition as emperor, it is certain, was not to revive the despotism of heathen Rome over the world, to call to life again forgotten rights of the ancient emperors and thus establish absolute power for himself. His idea of the new power that came to him as emperor was rather based upon that religious and political conception of the emperorship which the western church had developed in itself. It was rather the theocracy of the old alliance than the despotism of the Roman imperial state that furnished him the maxims which he followed in the administration of the world power intrusted to him. In the circle of his friends Charles was called King David; when compared with his imperial predecessors he must be placed not beside the Julians or the Flavians, but beside Constantine or Theodosius, the founders of the Roman state church. Thus the ideal of the new imperial state is nothing less than the kingdom of God on earth, in which the emperor is appointed by God himself as his lieutenant, in order that he may, in accordance with the divine intentions, guide and govern the people.
It was in this sense that Charles conceived his position; in this sense he began his imperial government. Soon after his return from Rome he had the entire body of ecclesiastical and civil law in force in his dominions revised at Aachen and everything struck out that seemed contrary to the command of God. Then he sent out royal messengers, both ecclesiasts and laymen, in all directions to put these improved laws into force and at the same time to require from all subjects of the empire who had passed their twelfth year a new oath of allegiance, an oath which, as was expressly emphasised, imposed far higher duties towards his imperial majesty than the oath formerly given to the king. To these messengers Charles gave an almost apostolic mission; they were to warn the people zealously against any violation of the divine commands, to enjoin the Christian virtues, to remind all that they must sometime give an account of their lives before the judgment throne of Christ.
Though the Germanic kingdom had from the beginning assumed some ecclesiastical rights, it seems now, when raised to imperial power, to usurp almost the plenitude of the high-priesthood. And Charles was in fact frankly designated the “regent of the holy church”; church councils not only required his permission to meet, he supplemented their decisions, rectified their mistakes, and had everywhere the deciding vote in them. It was he, in no less degree, who reformed the entire clergy of his empire and with unrelenting sternness forced upon them the canonical life whose regulations were for the most part taken from the monastic rules of St. Benedict. The legislation of Charles encroaches everywhere upon the domain of the church, and even in the later collections of the canon law his laws appear beside the letters of the popes and the decrees of the councils. The pope, although the western church honours him as its spiritual head, sinks beside this high-priestly emperor almost to the rank of first councillor in ecclesiastical affairs, of head of the highest corporate body of the empire.
But it was as king of the Franks, as commander-in-chief and supreme judge of his people that Charles had attained imperial power; out of the military and judicial authority that he exercised over the free Franks and all peoples subject to them his whole power had arisen, and would fall to the ground if this basis upon which it rested should be weakened or withdrawn from it. If the empire of Charles was to maintain its existence it was all-important that the subject portions of the realm should at the same time be so fully incorporated in the Frankish political system that they could never again separate from it—an immeasurable, infinitely difficult task, especially as Charles could never think of forcing the despotism of decrepit Rome upon his empire nor of crushing the characteristic life of the separate races with the weight of his supreme power, of establishing one law and administration and like forms of government from one end of his empire to the other. He was withheld from this in the first place by his ideal of the Christian state, but even more by his own disposition and by the nature of the peoples he ruled over. If the political creation of Charles was to gain any sort of permanence among peoples that were either German throughout, or had at least been internally transformed by Germanic elements, it must proceed from the German spirit, which possesses no creative activity where freedom of development is not permitted to the individual. It must, moreover, cling tenaciously to tradition, and regulate, assemble, and direct the powers of the state more through personal influence than through a lifeless mechanism.
Charles performed this task with a wisdom and greatness of soul that will ever be astonishing. Mighty and successful as are his deeds of arms, his fame as lawgiver nevertheless shines with a far brighter radiance through the history of mankind. Above the personal and national laws, which had in part first been codified by his direction, he established by his capitularies—edicts and enactments which he either promulgated upon his own decision or upon the counsel of the imperial assemblies—a general law of the empire, a body of legislation of the most comprehensive sort, which not only regulated the great affairs of the entire body politic but even descended to local conditions, in order to adjust them to the whole. He carried through in good part the undertaking so long despaired of—of subjugating the defiant, liberty-loving Germanic races to a constitution, of making them serve the ideal of the state. A gigantic step in the development of the German spirit was taken through the legislation of Charles, and it must not be thought that because it was a first and therefore rude and awkward attempt it was born of a barbaric spirit.