Europe in the Middle AgesPlunket, Ierne L. (Ierne Lifford)
History
Europe in the Middle Ages
Plunket, Ierne L. (Ierne Lifford)
Europe -- History -- 476-1492
The Emperor’s ‘capitularies’ would be based on the advice he had
received from his most trusted _Missi_; and when they had been
discussed by the principal nobles, they would be read to the general
assembly and ratified by a formal acceptance that meant nothing,
because it rarely or never was changed into a refusal.
Besides introducing new legislation in the form of royal edicts or
capitularies, Charlemagne commanded that a collection should be made
of all the old tribal laws, such as the Salic Law of the Franks, and
of the chief codes that had been handed down by tradition, or word of
mouth, for generations; and this compilation was revised and brought
up to date. It was a very useful and necessary piece of work, yet
Charlemagne for all his industry does not deserve to be ranked as a
great lawgiver like Justinian. The very earnestness of his desire to
secure immediate justice made his capitularies hasty and inadequate. He
would not wait to trace some evil to its root and then try to eradicate
it, but would pass a number of laws on the matter, only touching the
surface of what was wrong and creating confusion by the multiplicity of
instructions and the contradictions they contained.
Sometimes the _Missi_ themselves were not a success, but would take
bribes from the rich landowners on their tour of inspection, and this
would mean more government machinery and fresh laws to bring them under
the royal control in their turn. If it was difficult to make wise laws,
it was even harder in that rough age to carry them out; for the nobles
found it to their interest to defy or at least hinder an authority that
struck at their power; while the mass of the people were too ignorant
to bear responsibility, and few save those educated in the palace
schools could become trustworthy ‘counts’ or royal agents.
Dimly, however, the nation understood that the Emperor held some high
ideal of government planned for their prosperity, ‘No one cried out
to him’, says the chronicle, ‘but straightway he should have good
justice’: and in every church throughout France those who had not been
called to follow him to battle prayed for his safety and that God would
subdue the barbarians before his triumphant arms.
To Charlemagne there was a higher vision than that of mere victory in
battle, a vision born of his favourite book, the _Civitas Dei_, wherein
St. Augustine had described the perfect Emperor, holding his sceptre as
a gift God had given and might take away, and conquering his enemies
that he might lead them to a greater knowledge and prosperity.
[Sidenote: Charlemagne and the Church]
Public-domain text, read in full here on John Shaqi.
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