The Life of Charlemagne (Charles the Great)Hodgkin, Thomas
History
The Life of Charlemagne (Charles the Great)
Hodgkin, Thomas
Charlemagne, Emperor, 742-814
But a nobler and more beneficial object aimed at was to ensure that
justice should be “truly and indifferently administered” to both rich
and poor, to the strong and to the defenceless. It is interesting in
this connection to observe what was the so-called “eight-fold ban”
proclaimed by the Frankish legislator. Any one who (1) dishonored Holy
Church; (2) or acted unjustly against widows; (3) or against orphans;
(4) or against poor men who were unable to defend themselves; (5) or
carried off a free-born woman against the will of her parents; (6)
or set on fire another man’s house or stable; (7) or who committed
_harizhut_--that is to say, who broke open by violence another man’s
house, door, or enclosure; (8) or who when summoned did not go forth
against the enemy, came under the king’s _ban_, and was liable to pay
for each offence sixty solidi (£36).[75] Here we see that three of the
specified offences were precisely those which a powerful local count or
_centenarius_ would be tempted to commit against the humbler suitors in
his court, and which it would be the business of a _missus dominicus_
to discover and report to his lord.
The _missi_ had, however, a wide range of duties beyond the mere
control and correction of unjust judges. It was theirs to enforce the
rights of the royal treasury, to administer the oath of allegiance to
the inhabitants of a district, to inquire into any cases of wrongful
appropriation of church property, to hunt down robbers, to report upon
the morals of bishops, to see that monks lived according to the rule of
their order. Sometimes they had to command armies (the brave Gerold of
Bavaria was such a _missus_) and to hold _placita_ in the name of the
king. Of course the choice of a person to act as _missus_ would largely
depend on the nature of the duties that he had to perform: a soldier
for the command of armies or an ecclesiastic for the inspection of
monasteries. As Charles, in his embassies to foreign courts, was fond
of combining the two vocations, and sending a stout layman and a subtle
ecclesiastic together to represent him at Cordova or Constantinople,
so he may often have duplicated these internal embassies, these roving
commissions, to inquire into the abuses of authority in his own domains.
We have, in one of Charles’s later Capitularies, an admirable
exhortation which, though put forth in the name of the _missi_, surely
came from the emperor’s own robust intellect:--“Take care,” the _missi_
say to the count whose district they are about to visit, “that neither
you nor any of your officers are so evil disposed as to say ‘Hush!
hush! say nothing about that matter till those _missi_ have passed by,
and afterwards we will settle it quietly among ourselves.’ Do not so
deny or even postpone the administration of justice; but rather give
diligence that justice may be done in the case before we arrive.”
Public-domain text, read in full here on John Shaqi.
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