A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
[176] The secular clergy were the bishops, priests, deacons, and other
church officers, who lived with the people in the _saeculum_, or world,
as distinguished from the monks, ascetics, cenobites, anchorites, and
others, who dwelt in monasteries or other places of seclusion.
[177] This is really as splendid a guarantee of equality before the
law as is to be found in Magna Charta or the Constitution of the
United States. Unfortunately there was not adequate machinery in the
Frankish government to enforce it, though we may suppose that while
the _missi_ continued efficient (which was not more than a hundred
years) considerable progress was made in this direction.
[178] Serfs who worked on the fiscal lands, or, in other words, on the
royal estates.
[179] Compare chapters 14 and 27.
[180] A benefice, as the term is here used, was land granted by the
Emperor to a friend or dependent. The holder was to use such land on
stated terms for his own and the Emperor's gain, but was in no case to
claim ownership of it.
[181] The word has at least three distinct meanings--a royal edict, a
judicial fine, and a territorial jurisdiction. It is here used in the
first of these senses.
[182] There was little room under Charlemagne's system for
professional lawyers or advocates.
[183] In other words, when the oath of allegiance is taken, as it must
be by every man and boy above the age of twelve, all the obligations
mentioned from Chap. 3 to Chap. 9 are to be considered as assumed
along with that of fidelity to the person and government of the
Emperor.
[184] That is, the laws of the Church.
[185] One of the greatest temptations of the mediaeval clergy was to
spend time in hunting, to the neglect of religious duties. Apparently
this evil was pretty common in Charlemagne's day.
[186] The _centenarii_ were minor local officials, subordinate to the
counts, and confined in authority to their particular district or
"hundred."
[187] In the Frankish kingdom, as commonly among Germanic peoples of
the period, murder not only might be, but was expected to be, atoned
for by a money payment to the slain man's relatives. The payment,
known as the _wergeld_, would vary according to the rank of the man
killed. If it were properly made, such "composition" was bound to be
accepted as complete reparation for the injury. In this regulation we
can discern a distinct advance over the old system of blood-feud under
which a murder almost invariably led to family and clan wars. Plainly
the Franks were becoming more civilized.
[188] If a murderer refused to pay the required composition his
property was to be taken possession of by the Emperor's officers and
the case must be laid before the Emperor himself. If the latter chose,
he might order the restoration of the property, but this he was not
likely to do.
Public-domain text, read in full here on John Shaqi.
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