The Holy Roman Empire. Viscount James Bryce

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universal State[113]. In this, as in so much else, the men of the Middle Ages were the slaves of the letter, unable, with all their aspirations, to rise out of the concrete, and prevented by the very grandeur and boldness of their conceptions from carrying them out in practice against the enormous obstacles that met them.

      The ideal state supposed to be embodied in the Roman Empire.

      Deep as this belief had struck its roots, it might never have risen to maturity nor sensibly affected the progress of events, had it not gained in the pre-existence of the monarchy of Rome a definite shape and a definite purpose. It was chiefly by means of the Papacy that this came to pass. When under Constantine the Christian Church was framing her organization on the model of the state which protected her, the bishop of the metropolis 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 of the West had fallen, 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 sway111. In A.D. 476 Rome ceased to be the political capital of the Western countries, and the Papacy, inheriting no small part of the Emperor's power, drew to herself the reverence which the name of the city still commanded, until by the middle of the eighth, or, at latest, of the ninth century 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.

      Constantine's Donation.

      The character of that scheme is best set forth in the singular document, most stupendous of all the mediæval forgeries, which under the name of the Donation of Constantine commanded for seven centuries the unquestioning belief of mankind112. Itself a portentous falsehood, it is the most unimpeachable evidence of the thoughts and beliefs of the priesthood which framed it, some time between the middle of the eighth and the middle of the tenth century. It tells how Constantine the Great, cured of his leprosy by the prayers of 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 shewing 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 patricians113.

      Interdependence of Papacy and Empire.

      The notion which prevails throughout, that the chief of the 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 was intended by its authors to reproduce and rival the imperial jurisprudence; a correspondence was traced between its divisions and those of the Corpus Juris Civilis, and 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. But the wish of the clergy was always, even in the weakness or hostility of the temporal power, 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 Byzantine princes114, 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.

      The Roman Empire revived in a new character.

      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 former ends. The dictatorship at Rome in the second Punic war was not more unlike the dictatorships of Sulla and Cæsar, 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 Imperii115 ,' expresses, more justly perhaps than was intended by its author, a second birth of the Roman Empire.

      It is not, however, from Carolingian times 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 new phase, the Holy Empire, that we have now to consider.

      Position and functions of the Emperor.

      The realistic philosophy, and the needs of a time when the only notion of civil or religious order was submission to authority, required the World-State to be a monarchy; tradition, as well as the continuance of certain 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, 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 Christendom116. His functions will be seen most clearly if we deduce them from the leading principle of mediæval mythology, the exact correspondence of earth and heaven. As God, in the midst of the celestial hierarchy, ruled blessed spirits in paradise, so the Pope, His Vicar, raised above priests, bishops, metropolitans, reigned over the souls of mortal men below. But as God is Lord of earth as well as of heaven, so must he (the Imperator cœlestis[120]) be represented by a second earthly viceroy, the Emperor (Imperator terrenus[120] ), 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 which is the purer and the more enduring. It is under the emblem of soul and body that the relation of the papal and imperial power is presented to us throughout the Middle Ages117. The Pope, as God's vicar in matters spiritual, is to lead men to eternal life; the Emperor, as vicar in matters temporal, must so control them in their dealings with one another that they

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<p>112</p>

This is admirably brought out by Ægidi, Der Fürstenrath nach dem Luneviller Frieden.

<p>113</p>

See the original forgery (or rather the extracts which Gratian gives from it) in the Corpus Iuris Canonici, Dist. xcvi. cc. 13, 14. 'Et sicut nostram terrenam imperialem potentiam, sic sacrosanctam Romanam ecclesiam decrevimus veneranter honorari, et amplius quam nostrum imperium et terrenum thronum sedem beati Petri gloriose exaltari, tribuentes ei potestatem et gloriæ dignitatem atque vigorem et honorificentiam imperialem… Beato Sylvestro patri nostro summo pontifici et universali urbis Romæ papæ, et omnibus eius successoribus pontificibus, qui usque in finem mundi in sede beati Petri erunt sessuri, de præsenti contradimus palatium imperii nostri Lateranense, deinde diadema, videlicet coronam capitis nostri, simulque phrygium, necnon et superhumerale, verum etiam et chlamydem purpuream et tunicam coccineam, et omnia imperialia indumenta, sed et dignitatem imperialem præsidentium equitum, conferentes etiam et imperialia sceptra, simulque cuncta signa atque banda et diversa ornamenta imperialia et omnem processionem imperialis culminis et gloriam potestatis nostræ… Et sicut imperialis militia ornatur ita et clerum sanctæ Romanæ ecclesiæ ornari decernimus… Unde ut pontificalis apex non vilescat sed magis quam terreni imperii dignitas gloria et potentia decoretur, ecce tam palatium nostrum quam Romanam urbem et omnes Italiæ seu occidentalium regionum provincias loca et civitates beatissimo papæ Sylvestro universali papæ contradimus atque relinquimus… Ubi enim principatus sacerdotum et Christianæ religionis caput ab imperatore cœlesti constitutum est, iustum non est ut illic imperator terrenus habeat potestatem.'

The practice of kissing the Pope's foot was adopted in imitation of the old imperial court. It was afterwards revived by the German Emperors.

<p>114</p>

Döllinger has shewn in a recent work (Die Papst-Fabeln des Mittelalters) that the common belief that Gregory II excited the revolt against Leo the Iconoclast is unfounded.

So Anastasius, 'Ammonebat (sc. Gregorius Secundus) ne a fide vel amore Romani imperii desisterent.' —Vitæ Pontif. Rom.

<p>115</p>

Of this curious seal, a leaden one, preserved at Paris, a figure is given upon the cover of this volume. There are very 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, Vitæ Pontificum Romanorum, ed. Vignoli, Romæ, 1752; Götz, Deutschlands Kayser-Münzen des Mittelalters, Dresden, 1827; and the authorities cited by Waitz, Deutsche Verfassungs-geschichte, iii. 179, n. 4.

<p>116</p>

'Præterea 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 tantæ culmen sublimitatis effulsit,' &c —Letter of the Emperor Lewis II to Basil the Emperor at Constantinople, from Chron. Salernit. ap. Murat. S. R. I.

'Illam (sc. Romanam ecclesiam) solus ille fundavit, et super petram fidei mox nascentis erexit, qui beato æternæ vitæ clavigero terreni simul et cœlestis imperii iura commisit.' —Corpus Iuris Canonici, Dist. xxii. c. 1. The expression is not uncommon in mediæval writers. So 'unum est imperium Patris et Filii et Spiritus Sancti, cuius est pars ecclesia constituta in terris,' in Lewis II's letter.