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
The capitulary quoted below belongs to the last year of the short
reign of Carloman (882-884), son of Louis the Stammerer and grandson
of Charles the Bald. It makes a considerable show of power, ordaining
the punishment of criminals as confidently as if there had really been
means to assure its enforcement. But in truth all the provisions in it
had been embodied in capitularies of Carloman's predecessors with
scarcely perceptible effect, and there was certainly no reason to
expect better results now. With the nobles practicing, if not
asserting, independence, the churches and monasteries heeding the
royal authority hardly at all, the country being ravaged by Northmen
and the people turning to the great magnates for the protection they
could no longer get from the king, and the counts and _missi dominici_
making their lands and offices the basis for hereditary local
authority, the king had come to be almost powerless in the great realm
where less than a hundred years before Charlemagne's word, for all
practical purposes, was law. Even Charlemagne himself, however, could
have done little to avert the state of anarchy which conditions too
strong for any sovereign to cope with had brought about.
Source--Text in _Monumenta Germaniae Historica, Leges_
(Boretius ed.), Vol. II., pp. 371-375.
[Sidenote: The keeping of the peace enjoined]
=1.= According to the custom of our predecessors, we desire that in
our palace shall prevail the worship of God, the honor of the king,
piety, concord, and a condition of peace; and that that peace
established in our palace by the sanction of our predecessors shall
extend to, and be observed throughout, our entire kingdom.
=2.= We desire that all those who live at our court, and all who
come there, shall live peaceably. If any one, in breach of the
peace, is guilty of violence, let him be brought to a hearing at
our palace, by the authority of the king and by the order of our
_missus_, as it was ordained by the capitularies of our
predecessors, that he may be punished according to a legal judgment
and may pay a triple composition with the royal ban.[240]
=3.= If the offender has no lord, or if he flees from our court,
our _missus_ shall go to find him and shall order him, in our name,
to appear at the palace.[241] If he should be so rash as to disdain
to come, let him be brought by force. If he spurns both us and our
_missus_, and while refusing to obey summons is killed in
resisting, and any of his relatives or friends undertake to
exercise against our agents who have killed him the right of
vengeance,[242] we will oppose them there and will give our agents
all the aid of our royal authority.
[Sidenote: The bishop's part in repressing crime]
Public-domain text, read in full here on John Shaqi.
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