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
stretches of German territory were brought for the first time within
the pale of civilization.
These capitularies, like the hundreds of others that were issued by
the various kings of the Franks, were edicts or decrees drawn up under
the king's direction, discussed and adopted in the assembly of the
people, and published in the local districts of the kingdom by the
counts and bishops. They were of a less permanent and fixed character
than the so-called "leges," or laws established by long usage and
custom.
Source--Text in _Monumenta Germaniae Historica, Leges_
(Boretius ed.), Vol. I., No. 26, pp. 68-70. Translated by Dana
C. Munro in _University of Pennsylvania Translations and
Reprints_, Vol. VI., No. 5, pp. 2-5.
First, concerning the greater chapters it has been enacted:[136]
It is pleasing to all that the churches of Christ, which are now
being built in Saxony and consecrated to God, should not have less,
but greater and more illustrious honor than the shrines of the
idols have had.
[Sidenote: The churches as a place of refuge]
=2.= If any one shall have fled to a church for refuge, let no one
presume to expel him from the church by violence, but he shall be
left in peace until he shall be brought to the judicial assemblage;
and on account of the honor due to God and the saints, and the
reverence due to the church itself, let his life and all his
members be granted to him. Moreover, let him plead his cause as
best he can and he shall be judged; and so let him be led to the
presence of the lord king, and the latter shall send him where it
shall seem fitting to his clemency.
=3.= If any one shall have entered a church by violence and shall
have carried off anything in it by force or theft, or shall have
burned the church itself, let him be punished by death.[137]
[Sidenote: Offenses against the Church]
=4.= If any one, out of contempt for Christianity, shall have
despised the holy Lenten feast and shall have eaten flesh, let him
be punished by death. But, nevertheless, let it be taken into
consideration by a priest, lest perchance any one from necessity
has been led to eat flesh.[138]
=5.= If any one shall have killed a bishop or priest or deacon let
him likewise be punished capitally.
=6.= If any one, deceived by the devil, shall have believed, after
the manner of the pagans, that any man or woman is a witch and eats
men, and on this account shall have burned the person, or shall
have given the person's flesh to others to eat, or shall have eaten
it himself, let him be punished by a capital sentence.
=7.= If any one, in accordance with pagan rites, shall have caused
the body of a dead man to be burned, and shall have reduced his
bones to ashes, let him be punished capitally.
[Sidenote: Refusal to be baptized]
Public-domain text, read in full here on John Shaqi.
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