Beacon Lights of History, Volume 3 part 1: The Middle AgesLord, John
History
Beacon Lights of History, Volume 3 part 1: The Middle Ages
Lord, John
History
But I will not pursue this gradual development of constitutional
government from the anarchies which arose out of the fall of the
Roman Empire,--just the reverse of what happened in the history of
Rome; I say no more of the imperialism which Charlemagne sought to
restore, but was not permitted by Providence, and which, after all,
was the dream of his latter days, when, like Napoleon, he was
intoxicated by power and brilliant conquests; and I turn to
consider briefly his direct effects in civilization, which showed
his great and enlightened mind, and on which his fame in no small
degree rests.
Charlemagne was no insignificant legislator. His Capitularies may
not be equal to the laws of Justinian in natural justice, but were
adapted to his times and circumstances. He collected the scattered
codes, so far as laws were codified, of the various Germanic
nations, and modified them. He introduced a great Christian
element into his jurisprudence. He made use of the canons of the
Church. His code is more ecclesiastical than that of Theodosius
even, the last great Christian emperor. But in his day the clergy
wielded great power, and their ordinances and decisions were
directed to society as it was. The clergy were the great jurists
of their day. The spiritual courts decided matters of great
importance, and took cognizance of cases which were out of the
jurisdiction of temporal courts. Charlemagne recognized the value
of these spiritual courts, and aided them. He had no quarrels with
ecclesiastics, nor was he jealous of their power. He allied
himself with it. He was a friend of the clergy. One of the
peculiarities of all the Germanic laws, seen especially in those of
Ina and Alfred, was pecuniary compensation for crime: fifty
shillings, in England, would pay for the loss of a foot, and twenty
for a nose and four for a tooth; thus recognizing a principle seen
in our times in railroad accidents, though not recognized in our
civil laws in reference to crimes. This system of compensation
Charlemagne retained, which perhaps answered for his day.
Public-domain text, read in full here on John Shaqi.
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