If we rightly regard the highest art of the lawgiver as consisting in the ability to perceive with a keen eye every germ of moral life that he meets with in the customs and institutions of his people, and so to care for it that the most beautiful fruit of which it is capable will be obtained from it, then Charles was one of the greatest lawgivers the world has ever seen. No native impulse of the Germanic character was allowed by him to die; every one on the contrary was placed under cultivation, ennobled, and made capable of producing more splendid flowers and more useful fruit. As the Frankish political system in general, aside from its ecclesiastical elements, rested primarily on a Germanic basis, so too above all it was Germanic elements that were made use of in the political creation of Charles. The content of his laws, aside from the theocratic admixtures, is thoroughly German, although the capitularies as well as the national laws were written in Latin. In a certain sense the entire past of the Germanic nations flows into these laws, their whole future life flows from them. The Romans called the laws of the Twelve Tables the source of their entire political organisation; with equal right the Germans, indeed all the nations of Europe, could say the same of the laws of Charles. With veneration and holy awe one opens the capitularies of the great emperor, which combined form a legislative work that had a fruitful effect upon many centuries. The image of the Carlovingian state is here presented to our eyes with vivid actuality; we see how great things were accomplished and the highest striven for.
The strongest agency in holding the empire together was the Roman Catholic church; it disseminated one faith, one moral law, like religious institutions over nations that had previously been distinct from one another in language, customs, and laws, and enclosed them in its ingenious compact organisation as with a fine-meshed net. Church councils and imperial assemblies generally met together, and in the latter the voice of the clergy possessed the most weighty influence. The bishops were regarded as the most skilful agents in all political negotiations, they enjoyed a respect equal to that of counts. Like the temporal nobles, they were rich landowners, often led their retainers to war in person, and not seldom exchanged the crosier for the sword. Though the clergy had formerly been almost exclusively of Roman origin, now many Germans also devoted themselves to the clerical estate; sermons were preached in the German language, religious books were translated into German. In this way the clergy approached nearer to the peculiar character of the Germanic peoples, but did not on that account serve the universal aims of their estate and of the empire any the less effectively, especially since the compact union of the church had in recent times been rather strengthened than weakened.
A second, if not equally strong bond for the empire, was the Frankish nationality and the political institutions based upon it. With their swords the victorious Franks had gained control of the West, had made themselves rulers of the Germanic and Latin world; the empire, though it called itself Roman, was nevertheless only an extension of the kingdom of the Franks. The Frankish king was the sovereign of the empire; the divisions of the latter, the provinces, districts, and hundreds, or whatever other provincial name they may have borne, were for the most part ruled by Frankish nobles. Everywhere throughout the wide extent of the empire palaces and courts of the Frankish kings, castles and extensive possessions of the Frankish nobles were to be met with. The elements of the Frankish constitution were imposed both upon the conquered German lands and upon subject Italy. The Frankish people penetrated and surrounded the entire West with their political institutions; not strong enough to destroy the other nationalities, they had however attained such power that they could hold them down and make them serviceable to themselves.
As head of the western church and as king of the Franks the emperor was supreme in every way. The bishops, chosen always in accordance with his will, though not often directly by him, almost seemed to be the mere instruments of his designs. And in no less degree the entire civil government of the state proceeds from him. He alone appoints the counts, who in his name administer the military and judicial authority in their counties; their position is merely that of imperial officials who can be removed or dismissed when the common welfare demands it. He designates the royal messengers who travel annually in pairs through the various divisions of the empire, oversee the officials, receive complaints against them, uphold the rights of the throne in all parts of the monarchy, and maintain a constant communication between the divisions and the emperor. He is himself the supreme judge with unlimited jurisdiction; he has sole jurisdiction over the nobles and can assume all jurisdiction over others. He has the right to call to arms, decides upon war and peace, leads the army in person or appoints a commander-in-chief as well as dukes (Herzöge) of the forces of the separate peoples for the duration of the war. Legislation is also essentially vested in his hands, although in it he consults the imperial assembly and his council of state.
The imperial assembly consisted of all the lay and clerical lords, i.e., of the high court officials, the bishops, abbots, dukes, counts (Grafen), and the principal men of the royal retinue. It met every spring, usually in connection with the great review of the field of May, and its counsel was asked in all weighty affairs of state or important imperial laws. The council of state, however, was composed only of the high court officials, and the magnates of the empire whom the emperor deemed worthy of special confidence, and summoned to his presence either temporarily or permanently. In the autumn the council of state generally met for especially important sessions which served for the most part as preliminary consultations for the next imperial assembly, and for this purpose was increased by important servants of the emperor from all parts of the empire, and hence might be considered as a sort of imperial assembly in miniature.
The ancient works of art and science had made an impression upon Charles’ mind at an early date. He had wandered in Italy among the ruins of the great world gone by, and had decorated his palaces and the new churches in his native land with ancient works of art. It had thus been revealed to him that a peculiar breath of the divine spirit animated art and science, and also out of the German songs, despised by others, there was wafted to him a breath of fresh, vigorous, intellectual life. Charles raised his eyes far above the narrow bounds in which the western church confined art and science, where only the Roman erudition transformed by the clergy according to its own ideas had held its ground; he felt that Christianity carried with it the tendency towards a universal culture of mankind, but he also felt that it ought also to assimilate all the higher intellectual elements which were scattered in the individuality of different nations. Above all he realised, as no one before him, what treasures of mind were stored in his German mother-tongue, and could be elaborated from it. For this reason he gave especial attention to the German language and poetry; he himself worked on the first German grammar, and was the first who caused the German heroic poems to be written down. He held the clergy to preaching in German to the Germans, to instructing them in the German language. Only thus could the foundation for a German national civilisation be laid; since nothing less than the civilisation of the nation as a whole was the end he had in view.
The idea of a general national culture, which only recent times have called to life, and that in a very imperfect manner, was in fact already conceived in the mind of the great emperor. But national culture could proceed only from scholastic culture, although the latter, which had been preserved almost exclusively among the clergy, had long worn a predominantly theological character. For that reason alone Charles was obliged to nourish and cultivate this theologising scholarship, to which he also attributed the highest value, in all directions. He gathered the first scholars of the day at his court, bringing them not only from Italy but also from England, whither the new Latin science and literature had been transplanted from Rome together with Christianity, and where, invigorated by fresh nourishment, it had put forth new blooms. Charles himself was a most zealous pupil of these men whom he held up as a shining pattern for his clergy, and whose example did indeed have an unusual influence. Even if the emperor’s final ends were far from being attained, nevertheless schools began soon to flourish in the episcopal churches and in the cloisters; the Frankish clergy soon became distinguished for its learning, and even the laity was in some degree affected by the new intellectual life. Theological literature again produced works of lasting influence. Latin poetry was diligently cultivated, the German received rules and an artistic development; the art of reliable historical composition which was able to distinguish between fact and fable, and could grasp great events in their true position, grew up then for the first time among the Germans. In all of this almost solely the work of the clergy may be detected, which allowed itself to be directed by the mind of the emperor. He tried to remove the bishops and abbots from all earthly cares, and ordered them to install secular persons as judges and officials, who should execute justice and collect the revenues of the chapters, so that they themselves might follow their spiritual and intellectual calling with undivided force.
But mighty and influential as was the position to which the clerical and civil nobility had attained, the real power of the people still rested in the estate of freemen, which had ever remained the broad foundation of the Germanic political organisation. Only the stubborn force and the simplicity of severe morality that still persisted, especially in the German portions of the Frankish monarchy, had preserved the kingdom of the Merovingians from complete destruction and had made the establishment of royal power possible to the house of Pepin. No one knew better than Charles that the roots of his power lay here and that it would of necessity itself wither and disappear with them. With indefatigable zeal therefore he kept watch that the estate of freemen should neither be diminished nor shorn of its rights. When the magnates were evidently striving to displace the smaller landholders, seize their possessions and thus bring them into a dependent relation, Charles opposed them with the whole force of his authority and strictly forbade all oppression that could be employed to that end. Charles opposed such oppressive drudgery of the free people with unrelenting sternness and regulated by law the services that could be required of the freemen. The poorer men were partially freed from the duty of personal military service, several of them being permitted to combine to equip one of their number. On the outbreak of war, moreover, for the most part only those provinces that were near the scene of the conflict were obliged to furnish their full complement of men.
THE CROWNING OF CHARLEMAGNE AT ROME, 800 A.D.