The world's leading conquerors : $b Alexander the Great, Cæsar, Charles the Great, the Ottoman sultans, the Spanish conquistadors, NapoleonBevan, Wilson Lloyd
History
The world's leading conquerors : $b Alexander the Great, Cæsar, Charles the Great, the Ottoman sultans, the Spanish conquistadors, Napoleon
Bevan, Wilson Lloyd
History; Kings and rulers
These capitularies were not intended to supersede national or tribal
custom and law. Each man was judged according to the laws of his own
people, and in 802 the Emperor directed that the unwritten laws of the
peoples under his rule should be collected. The capitularies were,
therefore, supplemental and corrective to the national codes. For
example, one of them, which, by the way, met such strong opposition
that the Emperor was obliged to yield the point, was intended to remove
the abuse of private vengeance.
Local administration was in the hands of the counts, and, as in the
Merovingian period, the administrative unit was the county. Altogether
throughout the whole Empire, there were three hundred counts; the
districts which they administered varied in size, the authority
exercised by them being judicial, military, and financial. Along with
the count and closely associated with him is the bishop. As there was
in the capitularies so much which concerned the sphere of the Church,
the coöperation, in their official publication, of the bishop with the
count was not unnatural. Moreover, in the Empire, in addition to purely
religious duties, the bishop had the function of investigating certain
categories of crime, homicides, incest, etc., and in a general way, he
acted as adviser of the count.
Among the count’s duties was that of defending the Church and, in
trials for ecclesiastical offenses, he had to be present informally as
assessor. The coöperation of the civil and ecclesiastical authorities
strongly appealed to the Emperor, with his ideals of a Christian
commonwealth; but in experience, the association of the bishop and
the count, as local administrators, worked far from smoothly. So a
capitulary of 801 mentions the Emperor’s purpose to find out the
reasons why bishops and abbots, on the one hand, and counts, on the
other, are not able to assist one another.
The problem of defining the limits of the secular and religious spheres
gave rise to constant difficulties, and the situation was further
aggravated by the fact that in many cases the counts seemed inefficient
and venal. They had to be warned not to hang offenders without trial,
to be sober when they were sitting in judgment, not to receive
presents, not to oppress freemen, not to usurp the right which belonged
to the state, not to take the goods of the poor. Once a year the counts
were summoned to the royal palace, and they were required to remain
there long enough to lay before the Emperor a detailed record of their
administration.
Public-domain text, read in full here on John Shaqi.
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