The Life of Charlemagne (Charles the Great)Hodgkin, Thomas
History
The Life of Charlemagne (Charles the Great)
Hodgkin, Thomas
Charlemagne, Emperor, 742-814
ye shall never receive any favor at the hand of King Charles.”
There was one branch of learning in which Charles was evidently not
enough helped by his friends of the classical revival, and in which
one cannot help wishing that his judgment had prevailed over theirs.
Einhard tells us that he reduced to writing and committed to memory
“those most ancient songs of the barbarians in which the actions of the
kings of old and their wars were chanted.” Would that these precious
relics of the dim Teutonic fore-world had been thought worthy of
preservation by Alcuin and his disciples!
He also began to compose a grammar of his native speech; he gave names
to the winds blowing from twelve different quarters, whereas previously
men had named but four; and he gave Teutonic instead of Latin names to
the twelve months of the year. They were--for January, _Wintarmanoth_;
February, _Hornung_; March, _Lentzinmanoth_; April, _Ostarmanoth_;
May, _Winnemanoth_; June, _Brachmanoth_; July, _Hewimanoth_; August,
_Aranmanoth_; September, _Witumanoth_; October, _Windumemanoth_;
November, _Herbistmanoth_; December, _Heilagmanoth_.
III. It is of course impossible to deal with more than one or two of
the most important products of Charles’s legislative and administrative
activity.
1. In the first place, we have to remark that Charles was not in
any sense like Justinian or Napoleon, a codifier of laws. On the
contrary, the title chosen by him after his capture of Pavia, “Rex
Langobardorum,” indicates the general character of his policy, which
was to leave the Lombards under Lombard law, the Romans under Roman
law; even the Saxons, if they would only accept Christianity, to some
extent under Saxon institutions. To turn all the various nationalities
over which he ruled into Ripuarian Franks was by no means the object
of the conqueror; on the contrary, so long as they loyally obeyed the
great central government they might keep their own laws, customs, and
language unaltered. As this principle applied not only to tribes and
races of men, but also to individuals, we find ourselves in presence
of that most peculiar phenomenon of the early Middle Ages which is
known as the system of “personal law.” In our modern society, if the
citizen of one country goes to reside in the territory of another
civilized and well-ordered country, he is bound to conform to the laws
of that country. Where this rule does not prevail (as in the case of
the rights secured by the “capitulations” to Europeans dwelling in
Turkey or Morocco) it is a distinct sign that we are in the presence of
a barbarous law to which the more civilized nations will not submit.
But quite different from this was the conception of law in the ninth
century under Charles the Great and his successors. Then, every man,
according to his nationality, or even his profession,--according as he
was Frank or Lombard, Alaman or Bavarian, Goth or Roman, layman or
ecclesiastic,--carried, so to speak, his own legal atmosphere about
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