| The first and greatest legislator of the Germanic nations is Charlemagne, the founder of the Holy Roman Empire (800-814). What Constantine the Great, Theodosius the Great, and Justinian did for the old Roman empire on the basis of heathen Rome and the ancient Graeco-Latin church, Charlemagne did for the new Roman Empire in the West on the basis of Germanic customs and the Latin church centred in the Roman papacy. He was greater, more beneficial and enduring in his influence as a legislator than as a soldier and conqueror. He proposed to himself the herculean task to organize, civilize and Christianize the crude barbarian customs of his vast empire, and he carried it out with astonishing wisdom. His laws are embodied in the Capitularia, i.e. laws divided into chapters. They are the first great law-book of the French and Germans. They contain his edicts and ordinances relating to ecclesiastical, political, and civil legislation, judicial decisions and moral precepts. The influence of the church and the Christian religion is here more direct and extensive than in the Roman Code, and imparts to it a theocratic element which approaches to the Mosaic legislation. The Roman Catholic church with her creed, her moral laws, her polity, was the strongest bond of union which held the Western barbarians together and controlled the views and aims of the emperor. He appears, indeed, as the supreme ruler clothed with sovereign authority. But he was surrounded by the clergy which was the most intelligent and influential factor in legislation both in the synod and in the imperial diet. The emperor and his nobles were under the power of the bishops, and the bishops were secular lords and politicians as well as ecclesiastics. The ecclesiastical affairs were controlled by the Apocrisiarius (a sort of minister of worship); the secular affairs, by the Comes palatii; both were aided in each province by a delegated bishop and count who were to work in harmony. On important questions the pope was consulted. The legislation proceeded from the imperial will, from ecclesiastical councils, and from the diet or imperial assembly. The last consisted of the dignitaries of church and state, the court officials, bishops, abbots, dukes, counts, etc., and convened every spring. The emperor was surrounded at his court by the most eminent statesmen, clergymen and scholars, from whom he was anxious to learn without sacrificing his right to rule. His court was a school of discipline and of that gentlemanly courtesy and refinement which became a distinguishing feature of chivalry, and Charlemagne shone in poetry as the first model cavalier. | |
