[Sidenote: Duties attributed to the Empire by the developed theory.]
[Sidenote: Divine right of the Emperor.]
To that position three cardinal duties were attached. He who held it
must typify spiritual unity, must preserve peace, must be a fountain
of that by which alone among imperfect men peace is preserved and
restored, law and justice. The first of these three objects was sought
not only on religious grounds, but also from that longing for a wider
brotherhood of humanity towards which, ever since the barrier between
Jew and Gentile, Greek and barbarian, was broken down, the aspirations
of the higher minds of the world have been constantly directed. Placed
in the midst of Europe, the Emperor was to bind its tribes into one
body, reminding them of their common faith, their common blood, their
common interest in each other's welfare. And he was therefore above
all things, professing indeed to be upon earth the representative of
the Prince of Peace, bound to listen to complaints, and to redress the
injuries inflicted by sovereigns or people upon each other; to punish
offenders against the public order of Christendom; to maintain through
the world, looking down as from a serene height upon the schemes and
quarrels of meaner potentates, that supreme good without which neither
arts nor letters, nor the gentler virtues of life, can rise and
flourish. The mediæval Empire was in its essence what the modern
despotisms that mimic it profess themselves: the Empire was
peace[279]: the oldest and noblest title of its head was 'Imperator
pacificus[280].' And that he might be the peacemaker, he must be the
expounder of justice and the author of its concrete embodiment,
positive law; chief legislator and supreme judge of appeal, like his
predecessor the compiler of the Corpus Iuris, the one and only source
of all legitimate authority. In this sense, as governor and
administrator, not as owner, is he, in the words of the jurists, Lord
of the world; not that its soil belongs to him in the same sense in
which the soil of France or England belongs to their respective kings:
he is the steward of Him who has received the heathen for his
possession and the uttermost parts of the earth for his inheritance.
It is, therefore, by him alone that the idea of pure right, acquired
not by force but by legitimate devolution from those whom God himself
had set up, is visibly expressed upon earth. To find an external and
positive basis for that idea is a problem which it has at all times
been more easy to evade than to solve, and one peculiarly distressing
to those who could neither explain the phenomena of society by
reducing it to its original principles, nor inquire historically how
its existing arrangements had grown up. Hence the attempt to represent
human government as an emanation from divine: a view from which all
the similar but far less logically consistent doctrines of divine
right which have prevailed in later times are borrowed. As has been
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