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The ideal State supposed to be embodied in the Roman

Empire.

CHAP. VII. monarchy of Rome a definite shape and a definite purpose. It was chiefly by means of the Papacy that this came to pass at the end of and after the second century. The Roman Church had already begun to be regarded in the West as a specially trustworthy guardian of Christian doctrine. The pre-eminence of the City had given to the Roman bishop a position of influence and authority great even in the days of Irenaeus: and when, under Constantine, the Christian Church was strengthening her organization on the model of the State which thenceforth protected her, the bishop of the capital perceived and improved the analogy between himself and the head of the civil government. The notion that the chair of Peter was the imperial throne of the Church had dawned upon the Popes very early in their history, and grew stronger every century under the operation of causes already specified. Even before the Empire had fallen in the West, St. Leo the Great could boast that to Rome, exalted by the preaching of the chief of the Apostles to be a holy nation, a chosen people, a priestly and royal city, there had been appointed a spiritual dominion wider than her earthly sway." In A.D. 476 Rome ceased to be the political capital of the Western countries, and the Papacy, inheriting no small part of the local authority which had belonged to the Emperor's officers, drew to herself the reverence which the name of the city still commanded, until, in the days which followed her emancipation from the control of the Emperors at Constantinople, she had perfected in theory a scheme which made her the exact counterpart of the departed despotism, the centre of the hierarchy, absolute mistress of the Christian world. The character of that scheme is best set forth in the singular document, most stupendous of all the mediaeval forgeries, which under the

Constantine's
Donation.

n See note, p. 31.

name of the Donation of Constantine commanded for CHAP. VII. seven centuries the almost unquestioning belief of mankind. Itself a portentous fabrication, it is unimpeachable evidence of the thoughts and beliefs of the priesthood which framed it, some time between the middle of the eighth and the end of the ninth century. It tells how Constantine the Great, cured of his leprosy by the prayers of Pope Sylvester, resolved, on the fourth day from his baptism, to forsake the ancient seat for a new capital on the Bosphorus, lest the continuance of the secular government should cramp the freedom of the spiritual, and how he bestowed therewith upon the Pope and his successors the sovereignty over Italy and the countries of the West. But this is not all, although this is what historians, in admiration of its splendid audacity, have chiefly dwelt upon. The edict proceeds to grant to the Roman pontiff and his clergy a series of dignities and privileges, all of them enjoyed by the Emperor and his senate, all of them showing the same desire to make the pontifical a copy of the imperial office. The Pope is to inhabit the Lateran palace, to wear the diadem, the collar, the purple cloak, to carry the sceptre, and to be attended by a body of chamberlains. Similarly his clergy are to ride on white horses and receive the honours and immunities of the senate and patricians." The notion which prevails throughout, that the chief of Interdepenthe religious society must be in every point conformed to his prototype the chief of the civil, is the key to all the thoughts and acts of the Roman clergy, not less plainly seen in the details of papal ceremonial than it is in the gigantic scheme of papal legislation. The Canon law which the Roman Curia began to build up after Pope

• See p. 43, ante: and cf. Aegidi, Der Fürstenrath nach dem Luneviller Frieden.

P See as to the Donation Note IV at end of this volume.

dence of Papacy and Empire.

CHAP. VII.

The Roman Empire revived in a

new

character.

Hadrian I, and which rose apace in the eleventh and twelfth centuries, with the enlarged activity and growing claims of the Papacy, was intended by its authors to reproduce and rival the imperial jurisprudence. In the middle of the thirteenth century Gregory IX, who was the first to consolidate it into a code, sought the fame and received the title of the Justinian of the Church, and a correspondence was traced between its divisions and those of the Corpus Iuris Civilis. But during the earlier period the wish and purpose of the clergy, even when the temporal power was weak or hostile, was to imitate and rival, not to supersede it, since they held it the necessary complement of their own, and thought the Christian people equally imperilled by the fall of either. Hence the reluctance of Gregory II to break with the East Roman princes, and the maintenance of their titular sovereignty till A.D. 800: hence the part which the Holy See played in transferring the crown to Charles, the first sovereign of the West capable of fulfilling its duties; hence the grief with which its weakness under his successors was seen, the gladness when it descended to Otto as representative of the Frankish kingdom.

Up to the era of A.D. 800 there had been at Constantinople a legitimate historical prolongation of the Roman Empire. Technically, as we have seen, the election of Charles, after the deposition of Constantine VI, was itself a prolongation, and maintained the old rights and forms. in their integrity. But the Pope, though he knew it not, did far more than effect a change of dynasty when he rejected Irene and crowned the barbarian chief. Restorations are always delusive. As well might one hope to stop the earth's course in her orbit as to arrest that ceaseless change and movement in human affairs which forbids an old institution, suddenly transplanted into a new order

of things, from filling its ancient place and serving its CHAP. VII. former ends. The dictatorship at Rome in the second Punic war was not more unlike the dictatorships of Sulla and Caesar, nor the States-general of Louis XIII to the assembly which his unhappy descendant convoked in 1789, than was the imperial office of Theodosius to that of Charles the Frank; and the seal, ascribed to A.D. 800, which bears the legend Renovatio Romani Imperii,' a expresses, more justly perhaps than was intended by its author, a second birth of the Roman Empire.

It is not, however, from the days of the later Carolingians that a proper view of this new creation can be formed. That period was one of transition, of fluctuation and uncertainty, in which the office, passing from one dynasty and country to another, had not time to acquire a settled character and claims, and was without the power that would have enabled it to support them. From the coronation of Otto the Great a new period begins, in which the ideas that have been described as floating in men's minds took clearer shape, and attached to the imperial title a body of definite rights and definite duties. It is this latter phase, the Holy Empire, that we have now to consider.

The realistic philosophy, and the needs of a time when Position and the only notion of civil or religious order was submission functions of the Emperor. to authority, required the World-State to be a monarchy:

Of this curious seal, a leaden one, preserved at Paris, a figure is given upon the cover of this volume. There are few monuments of that age whose genuineness can be considered altogether beyond doubt; but this seal has many respectable authorities in its favour. See, among others, Le Blanc, Dissertation historique sur quelques monnoies de Charlemagne, Paris, 1689; J. M. Heineccius, De veteribus Germanorum aliarumque nationum sigillis, Lips. 1709; Anastasius, Vitae Pontificum Romanorum, ed. Vignoli, Romae, 1752; Götz, Deutschlands Kayser-Münzen des Mittelalters, Dresden, 1827; and the authorities cited by Waitz, Deutsche Verfassungsgeschichte, iii. 179,

CHAP. VII. tradition, as well as the continued existence of a part of the ancient institutions, gave the monarch the name of Roman Emperor. A king could not be universal sovereign, for there were many kings: the Emperor must be universal, for there had never been but one Emperor; he had in older and brighter days been the actual lord of the civilized world; the seat of his power was placed beside that of the spiritual autocrat of Christendom. His functions will be seen most clearly if we deduce them from the leading principle of mediaeval mythology, the exact correspondence of earth and heaven. As God, in the midst of the celestial hierarchy, rules blessed spirits in Paradise, so the Pope, His vicar, raised above priests, bishops, metropolitans, reigns over the souls of mortal men below. But as God is Lord of earth as well as of heaven, so must he (the Imperator coelestis) be represented by a second earthly viceroy, the Emperor (Imperator terrenus), whose authority shall be of and for this present life. And as in this present world the soul cannot act save through the body, while yet the body is no more than an instrument and means for the soul's manifestation, so must there be a rule and care of men's bodies as well as of their souls, yet subordinated always to the well-being of that element which is the

• Praeterea mirari se dilecta fraternitas tua quod non Francorum set Romanorum imperatores nos appellemus; set scire te convenit quia nisi Romanorum imperatores essemus, utique nec Francorum. A Romanis enim hoc nomen et dignitatem assumpsimus, apud quos profecto primum tantae culmen sublimitatis effulsit,' &c. - Letter of the Emperor Lewis II to Basil the Emperor at Constantinople, from Chron. Salernit., ap. Pertz, M. H. G., Script. iii. p. 523 (c. 106).

86

'Illam (sc. Romanan ecclesiam) solus ille fundavit, et super petram fidei mox nascentis erexit, qui beato aeternae vitae clavigero terreni simul et coelestis imperii iura commisit.' - Pope Nicholas II, A.D. 1060, in Corpus Iuris Canonici, Dist. xxii. c. I. The expression is not uncommon in mediaeval writers. So 'unum est imperium Patris et Filii et Spiritus Sancti, cuius est pars ecclesia constituta in terris,' in Lewis II's letter.

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