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 and additions to these
same ancient laws, Salle, Lombard, and Bavarian; extracts from acts of
councils; instructions given by Charlemagne to his envoys in the
provinces; questions that he proposed to put to the bishops or counts
when they came to the national assembly; answers given by Charlemagne
to questions addressed to him by the bishops, counts, or commissioners
(_missi dominici_); judgments, decrees, royal pardons, and simple notes
that Charlemagne seems to have had written down for himself alone, to
remind him of what he proposed to do; in a word, nearly all the various
acts which could possibly have to be framed by an earnest, far-sighted
and active government. Often, indeed, these Capitularies have no
imperative or prohibitive character; they are simple counsels, purely
moral precepts. We read therein, for example,--
"Covetousness doth consist in desiring that which others possess, and in
giving away nought of that which one's self possesseth; according to the
Apostle it is the root of all evil."
And,--
"Hospitality must be practised."
The Capitularies which have been classed under the heads of political,
penal, and canonical legislation are the most numerous, and are those
which bear most decidedly an imperative or prohibitive stamp; amongst
them a prominent place is held by measures of political economy,
administration, and police; you will find therein an attempt to put a
fixed price on provisions, a real trial of a maximum for cereals, and a
prohibition of mendicity, with the following clause:--
"If such mendicants be met with, and they labor not with their hands, let
none take thought about giving unto them."
The interior police of the palace was regulated thereby, as well as that
of the empire:
"We do will and decree that none of those who serve in our palace shall
take leave to receive therein any man who seeketh refuge there and cometh
to hide
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