Spain, and which, sooth to say, was still, when Charlemagne caused himself to be made emperor, scarce more than the hunting-ground and the battle-field of all the swarms of barbarians who tried to settle on the ruins of the Roman world they had invaded and broken to pieces? The government of Charlemagne in the midst of this chaos is the striking, complicated, and transitory fact which is now to be passed in review.
A word of warning must be first of all given touching this word government, with which it is impossible to dispense. For a long time past the word has entailed ideas of national unity, general organization, and regular and efficient power. There has been no lack of revolutions which have changed dynasties and the principles and forms of the supreme power in the State; but they have always left existing, under different names, the practical machinery whereby the supreme power makes itself felt and exercises its various functions over the whole country. Open the Almanac, whether it be called the Imperial, the Royal, or the National, and you will find there always the working system of the government of France; all the powers and their agents, from the lowest to the highest, are there indicated and classed according to their prerogatives and relations. Nor have we there a mere empty nomenclature, a phantom of theory; things go on actually as they are described—the book is the reflex of the reality. It were easy to construct, for the empire of Charlemagne, a similar list of officers; there might be set down in it dukes, counts, vicars, centeniers, and sheriffs (seabini), and they might be distributed, in regular gradation, over the whole territory; but it would be one huge lie; for most frequently, in the majority of places, these magistracies were utterly powerless and themselves in complete disorder. The efforts of Charlemagne, either to establish them on a firm footing or to make them act with regularity, were continual, but unavailing. In spite of the fixity of his purpose and the energy of his action, the disorder around him was measureless and insurmountable. He might check it for a moment at one point; but the evil existed wherever his terrible will did not reach, and wherever it did the evil broke out again so soon as it had been withdrawn. How could it be otherwise? Charlemagne had not to grapple with one single nation or with one single system of institutions; he had to deal with different nations, without cohesion, and foreign one to another. The authority belonged, at one and the same time, to assemblies of free men, to landholders over the dwellers on their domains, and to the king over the “leudes” and their following. These three powers appeared and acted side by side in every locality as well as in the totality of the State. Their relations and their prerogatives were not governed by any generally- recognized principle, and none of the three was invested with sufficient might to prevail habitually against the independence or resistance of its rivals. Force alone, varying according to circumstances and always uncertain decided matters between them. Such was France at the accession of the second line. The co-existence of and the struggle between the three systems of institutions and the three powers just alluded to had as yet had no other result. Out of this chaos Charlemagne caused to issue a monarchy, strong through him alone and so long as he was by, but powerless and gone like a shadow when the man was lost to the institution.
Whoever is astonished either at this triumph of absolute monarchy through the personal movement of Charlemagne, or at the speedy fall of the fabric on the disappearance of the moving spirit, understands neither what can be done by a great man, when without him society sees itself given over to deadly peril, nor how unsubstantial and frail is absolute power when the great man is no longer by, or when society has no longer need of him.
It has just been shown how Charlemagne by his wars, which had for their object and result permanent and well-secured conquests, had stopped the fresh incursions of barbarians, that is, had stopped disorder coming from without. An attempt will now be made to show by what means he set about suppressing disorder from within and putting his own rule in the place of the anarchy that prevailed in the Roman world which lay in ruins, and in the barbaric world which was a prey to blind and ill-regulated force.
A distinction must be drawn between the local and central governments.
Far from the centre of the State, in what have since been called the provinces, the power of the emperor was exercised by the medium of two classes of agents, one local and permanent, the other despatched from the centre and transitory.
In the first class we find:—
1st. The dukes, counts, vicars of counts, centeniers, sheriffs (scabini), officers or magistrates residing on the spot, nominated by the emperor himself or by his delegates, and charged with the duty of acting in his name for the levying of troops, rendering of justice, maintenance of order, and receipt of imposts.
2d. The beneficiaries or vassals of the emperor, who held of him, sometimes as hereditaments, more often for life, and more often still without fixed rule or stipulation, lands; domains, throughout the extent of which they exercised, a little bit in their own name and a little bit in the name of the emperor, a certain jurisdiction and nearly all the rights of sovereignty. There was nothing very fixed or clear in the position of the beneficiaries and in the nature of their power; they were at one and the same time delegates and independent, owners and enjoyers of usufruct, and the former or the latter character prevailed amongst them according to circumstances. But, altogether, they were closely bound to Charlemagne, who, in a great number of cases, charged them with the execution of his orders in the lands they occupied.
Above these agents, local and resident, magistrates or beneficiaries, were the missi dominici, temporary commissioners, charged to inspect, in the emperor’s name, the condition of the provinces; authorized to penetrate into the interior of the free lands as well as of the domains granted with the title of benefices; having the right to reform certain abuses, and bound to render an account of all to their master. The missi dominici were the principal instruments Charlemagne had, throughout the vast territory of his empire, of order and administration.
As to the central government, setting aside for a moment the personal action of Charlemagne and of his counsellors, the general assemblies, to judge by appearances and to believe nearly all the modern historians, occupied a prominent place in it. They were, in fact, during his reign, numerous and active; from the year 776 to the year 813 we may count thirty-five of these national assemblies, March-parades and May-parades, held at Worms, Valenciennes, Geneva, Paderborn, Aix-la-Chapelle, Thionville, and several other towns, the majority situated round about the two banks of the Rhine. The number and periodical nature of these great political reunions are undoubtedly a noticeable fact. What, then, went on in their midst? What character and weight must be attached to their intervention in the government of the State? It is important to sift this matter thoroughly.
There is extant, touching this subject, a very curious document. A contemporary and counsellor of Charlemagne, his cousin-german Adalbert, abbot of Corbic, had written a treatise entitled Of the Ordering of the Palace (De Ordine Palatii), and designed to give an insight into the government of Charlemagne, with especial reference to the national assemblies. This treatise was lost; but towards the close of the ninth century, Hincmar, the celebrated archbishop of Rheims, reproduced it almost in its entirety, in the form of a letter or of instructions, written at the request of certain grandees of the kingdom who had asked counsel of him with respect to the government of Carloman, one of the sons of Charles the Stutterer. We read therein,
“It was the custom at this time to hold two assemblies every year … In both, that they might not seem to have been convoked without motive, there were submitted to the examination and deliberation of the grandees … and by virtue of orders from the king, the fragments of law called capitula, which the king himself had drawn up under the inspiration of God or the necessity for which had been made manifest to him in the intervals between the meetings.”
Two striking facts are to be gathered from these words: the first, that the majority of the members composing these assemblies probably regarded as a burden the necessity for being present at them, since Charlemagne took care to explain their convocation by declaring to them the motive for it and by always giving them something to do; the second, that the proposal of the capitularies, or, in modern phrase, the initiative, proceeded from the emperor. The initiative is naturally exercised by him who wishes to regulate or reform, and in his time it was especially Charlemagne who conceived this design. There is no doubt, however, but that the members of the assembly might make on their side such proposals as appeared to them suitable; the constitutional