206 THE HISTORY OF MEDIEVAL EUROPE proved very unpopular among the Franks, because the sworn witnesses were regarded as tale-bearers upon their neighbors and were liable to be the victims of private venge- ance after the royal officials had passed on. But the in- stitution survived the fall of the Frankish state and con- tinued in existence in Normandy, whence it was carried to England after the Norman conquest, and there became the germ of the modern jury system in English and United States law. The City of God was a favorite book with Charlemagne and he aimed to make his empire a state of which God would Ch 1 ma ne a PP rove an d m which God's will should rule, and the Half of his capitularies deal with the Church and many more of his measures have a sancti- monious tinge. He regarded himself, however, and not the ! pope or other clergy, as the supreme instrument of the divine will, and, like Justinian, he intended to rule in mat- ters both of Church and State. His idea was that he should both issue the orders and see to their execution, while the pope could pray for his success and carry out his commands. Charlemagne knew less of theology than Justinian, but he nevertheless managed to have his way. We have seen that from Clovis on the Frankish kings kept a close control over j their bishops and abbots, and that Charles Martel had not hesitated to appropriate church lands to his own purposes. It was therefore nothing unusual for Charlemagne to con- trol the appointment of bishops and abbots, and, if need be, their possessions ; but he also superintended their education and morals. One of his capitularies instructs bishops, abbots, and their advocates, vicars, and hundredmen to live a godly life and in accordance with the rule. The secular clergy are not to keep hunting-dogs, hawks, or falcons. The monks are told to have nothing to do with secular business, to shun wholly worldly affairs, strife, controversy, drunkenness, feasting, and lust. Rumors of scandalous doings in monas- teries have reached Charlemagne's ears and saddened him. He declares, "Certainly if any such report shall have come to our ears in the future, we will inflict such a penalty, not
