Page:Ancient Law.djvu/119

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106
HISTORY OF LAW OF NATURE.
CHAP. IV.

motive has been greatly misapprehended. It has been taken for granted by recent French writers that Charlemagne was far before his age, quite as much in the character of his designs as in the energy with which he prosecuted them. Whether it be true or not that anybody is at any time before his age, it is certainly true that Charlemagne, in aiming at an unlimited dominion, was emphatically taking the only course which the characteristic ideas of his age permitted him to follow. Of his intellectual eminence there cannot be a question, but it is proved by his acts and not by his theory.

These singularities of view were not altered on the partition of the inheritance of Charlemagne among his three grandsons. Charles the Bald, Lewis, and Lothair were still theoretically—if it be proper to use the word—Emperors of Rome. Just as the Caesars of the Eastern and Western Empires had each been de jure emperor of the whole world, with de facto control over half of it, so the three Carlovingians appear to have considered their power as limited, but their title as unqualified. The same speculative universality of sovereignty continued to be associated with the Imperial throne after the second division on the death of Charles the Fat, and, indeed, was never thoroughly dissociated from it so long as the empire of Germany lasted. Territorial sovereignty—the view which connects sovereignty with the possession