assembly contributed only information and counsel.
Hinemar continues, and supplies details worthy of reproduction, for they give an insight into the imperial government and the action of Charlemagne himself amidst those most ancient of the national assemblies.
“Things went on thus for one or two capitularies, or a greater number, until, with God’s help, all the necessities of the occasion were regulated.
“Whilst these matters were thus proceeding out of the king’s presence, the prince himself, in the midst of the multitude, came to the general assembly, was occupied in receiving the presents, saluting the men of most note, conversing with those he saw seldom, showing towards the elders a tender interest, disporting himself with the youngsters, and doing the same thing, or something like it, with the ecclesiastics as well as the seculars. However, if those who were deliberating about the matter submitted to their examination showed a desire for it, the king repaired to them and remained with them as long as they wished; and then they reported to him with perfect familiarity what they thought about all matters, and what were the friendly discussions that had arisen amongst them. I must not forget to say that, if the weather were fine, everything took place in the open air; otherwise, in several distinct buildings, where those who had to deliberate on the king’s proposals were separated from the multitude of persons come to the assembly, and then the men of greater note were admitted. The places appointed for the meeting of the lords were divided into two parts, in such sort that the bishops, the abbots, and the clerics of high rank might meet without mixture with the laity. In the same way the counts and other chiefs of the State underwent separation, in the morning, until, whether the king was present or absent, all were gathered together; then the lords above specified, the clerics on their side, and the laics on theirs, repaired to the hall which had been assigned to them, and where seats had been with due honor prepared for them. When the lords laical and ecclesiastical were thus separated from the multitude, it remained in their power to sit separately or together, according to the nature of the business they had to deal with, ecclesiastical, secular, or mixed. In the same way, if they wished to send for any one, either to demand refreshment, or to put any question and to dismiss him after getting what they wanted, it was at their option. Thus took place the examination of affairs proposed to them by the king for deliberation.
“The second business of the king was to ask of each what there was to report to him, or enlighten him touching the part of the kingdom each had come from. Not only was this permitted to all, but they were strictly enjoined to make inquiries, during the interval between the assemblies, about what happened within or without the kingdom; and they were bound to seek knowledge from foreigners as well as natives, enemies as well as friends, sometimes by employing emissaries, and without troubling themselves much about the manner in which they acquired their information. The king wished to know whether in any part, in any corner of the kingdom, the people were restless, and what was the cause of their restlessness; or whether there had happened any disturbance to which it was necessary to draw the attention of the council-general, and other similar matters. He sought also to know whether any of the subjugated nations were inclined to revolt; whether any of those that had revolted seemed disposed towards submission; and whether those that were still independent were threatening the kingdom with any attack. On all these subjects, whenever there was any manifestation of disorder or danger, he demanded chiefly what were the motives or occasion of them.”
There is need of no great reflection to recognize the true character of these assemblies: it is clearly imprinted upon the sketch drawn by Hincmar. The figure of Charlemagne alone fills the picture: he is the centre-piece of it and the soul of everything. ’Tis he who wills that the national assemblies should meet and deliberate; ’tis he who inquires into the state of the country; ’tis he who proposes and approves of or rejects the laws; with him rest will and motive, initiative and decision. He has a mind sufficiently judicious, unshackled, and elevated to understand that the nation ought not to be left in darkness about its affairs, and that he himself has need of communicating with it, of gathering information from it, and of learning its opinions. But we have here no exhibition of great political liberties, no people discussing its interests and its business, interfering effectually in the adoption of resolutions, and, in fact, taking in its government so active and decisive a part as to have a right to say that it is self-governing, or, in other words, a free people. It is Charlemagne, and he alone, who governs; it is absolute government marked by prudence, ability, and grandeur.
When the mind dwells upon the state of Gallo-Frankish society in the eighth century, there is nothing astonishing in such a fact. Whether it be civilized or barbarian, that which every society needs, that which it seeks and demands first of all in its government, is a certain degree of good sense and strong will, of intelligence and innate influence, so far as the public interests are concerned; qualities, in fact, which suffice to keep social order maintained or make it realized, and to promote respect for individual rights and the progress of the general well-being. This is the essential aim of every community of men; and the institutions and guarantees of free government are the means of attaining it. It is clear that, in the eighth century, on the ruins of the Roman and beneath the blows of the barbaric world, the Gallo-Frankish nation, vast and without cohesion, brutish and ignorant, was incapable of bringing forth, so to speak, from its own womb, with the aid of its own wisdom and virtue, a government of the kind. A host of different forces, without enlightenment and without restraint, were everywhere and incessantly struggling for dominion, or, in other words, were ever troubling and endangering the social condition. Let there but arise, in the midst of this chaos of unruly forces and selfish passions, a great man, one of those elevated minds and strong characters that can understand the essential aim of society and then urge it forward, and at the same time keep it well in hand on the roads that lead thereto, and such a man will soon seize and exercise the personal power almost of a despot, and people will not only make him welcome, but even celebrate his praises, for they do not quit the substance for the shadow, or sacrifice the end to the means. Such was the empire of Charlemagne. Amongst annalists and historians, some, treating him as a mere conqueror and despot, have ignored his merits and his glory; others, that they might admire him without scruple, have made of him a founder of free institutions, a constitutional monarch. Both are equally mistaken. Charlemagne was, indeed, a conqueror and a despot; but by his conquests and his personal power he, so long as he was by, that is, for six and forty years, saved Gallo-Frankish society from barbaric invasion without and anarchy within. That is the characteristic of his government and his title to glory.
What he was in his wars and his general relations with his nation has just been seen; he shall now be exhibited in all his administrative activity and his intellectual life, as a legislator and as a friend to the human mind. The same man will be recognized in every ease; he will grow in greatness, without changing, as he appears under his various aspects.
There are often joined together, under the title of Capitularies (capitula, small chapters, articles) a mass of Acts, very different in point of dates and objects, which are attributed indiscriminately to Charlemagne. This is a mistake. The Capitularies are the laws or legislative measures of the Frankish kings, Merovingian as well as Carlovingian. Those of the Merovingians are few in number and of slight importance, and amongst those of the Carlovingians, which amount to one hundred and fifty-two, sixty-five only are due to Charlemagne. When an attempt is made to classify these last according to their object, it is impossible not to be struck with their incoherent variety; and several of them are such as we should nowadays be surprised to meet with in a code or in a special law. Amongst Charlemagne’s sixty-five Capitularies, which contain eleven hundred and fifty-one articles, may be counted eighty-seven of moral, two hundred and ninety-three of political, one hundred and thirty of penal, one hundred and ten of civil, eighty-five of religious, three hundred and five of canonical, seventy-three of domestic, and twelve of incidental legislation. And it must not be supposed that all these articles are really acts of legislation, laws properly so called; we find amongst them the texts of ancient national laws revised and promulgated afresh; extracts from
