Capitulary of Charlemagne

(From "Mon. Germ, hist." [Quarto Series] LL. II., p. 91-99; also to be found in "Altmann u. Bernheim," p. 4.)

CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.

The most serene and most Christian emperor Charles did choose from among his nobles the most prudent and the wisest men — archbishops as well as other bishops, and venerable abbots, and pious laymen — and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness — as many are accustomed to do — dare to oppose the written law, or the sentence ​passed upon him, or to prevail against the churches of God, or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God, in a just manner and under just judgment; and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to Him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.

2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.

And he ordained that every man in his whole kingdom—ecclesiastic or layman, each according to his vow and calling—who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all—so that each one should understand it—what important things and how many things are comprehended in ​that oath: not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:

3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise—inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.

4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.

5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.

6. That no one shall dare to devastate a fief of the emperor or to take possession of it.

7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release—out of regard for any relationship, or on account of flattery or of any one's gift—any one of those who owe military service.

8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to interfere with his taxes and with what is due to him.

9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by ​the cleverness of his defence, to impede a just judgment or. his case being a weak one, by a desire of oppressing.. But each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading—for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall he done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.

For all these things here mentioned should be observed as being comprised in the oath to the emperor.

10. That bishops and priests should live according to the canons and should teach others to do likewise.