General Capitulary for the Missi (802)

Although the Merovingians forged a powerful political polity on the demise of Roman provincial government, their success paled in comparison to that of the Carolingians, who deposed them in 751. By the 790s, the most famous Carolingian king, Charlemagne (r. 768–814), had built an empire across Europe, using imperial Rome as a model. He was crowned emperor in 800 by Pope Leo III (r. 795–816), which further exalted his power. To centralize his rule, Charlemagne dispatched officials, or missi, annually to every part of the empire to review local affairs and enforce royal legislation. The following document, known as a capitulary, provided basic guidelines for these annual visits. Composed of regulatory articles, capitularies were typically compiled at general assemblies convened by Charlemagne to discuss important issues with his magnates. These excerpts illuminate the forces binding the empire together as well as those that ultimately broke it apart.

From Dana Carleton Munro, ed., Translations and Reprints from the Original Sources of European History, vol. 6 (Philadelphia: University of Pennsylvania Press, 1898), 16–19, 23–24, 26–27.

First chapter. Concerning the embassy sent out by the lord emperor. Therefore, the most serene and most Christian lord emperor Charles has chosen from his nobles the wisest and most prudent men, both archbishops and some of the other bishops also, and venerable abbots and pious laymen, and has sent them throughout his whole kingdom, and through them by all the following chapters has allowed men to live in accordance with the correct law. Moreover, where anything which is not right and just has been enacted in the law, he has ordered them to inquire into this most diligently and to inform him of it; he desires, God granting, to reform it. And let no one, through his cleverness or astuteness, dare to oppose or thwart the written law, as many are wont to do, or the judicial sentence passed upon him, or to do injury to the churches of God or the poor or the widows or the wards or any Christian. But all shall live entirely in accordance with God’s precept, justly and under a just rule, and each one shall be admonished to live in harmony with his fellows in his business or profession; the canonical clergy ought to observe in every respect a canonical life without heeding base gain, nuns ought to keep diligent watch over their lives, laymen and the secular clergy ought rightly to observe their laws without malicious fraud, and all ought to live in mutual charity and perfect peace. And let the missi themselves make a diligent investigation whenever any man claims that an injustice has been done to him by any one, just as they desire to deserve the grace of omnipotent God and to keep their fidelity promised to Him, so that entirely in all cases everywhere, in accordance with the will and fear of God, they shall administer the law fully and justly in the case of the holy churches of God and of the poor, of wards and widows and of the whole people. And if there shall be anything of such a nature that they, together with the provincial courts, are not able of themselves to correct it and to do justice concerning it, they shall, without any ambiguity, refer this, together with their reports, to the judgment of the emperor; and the straight path of justice shall not be impeded by any one on account of flattery or gifts from any one, or on account of any relationship, or from fear of the powerful.

Concerning the fidelity to be promised to the lord emperor. And he commanded that every man in his whole kingdom, whether ecclesiastic or layman, and each one according to his vow and occupation, should now promise to him as emperor the fidelity which he had previously promised to him as king; and all of those who had not yet made that promise should do likewise, down to those who were twelve years old. And that it shall be announced to all in public, so that each one might know, how great and how many things are comprehended in that oath; not merely, as many have thought hitherto, fidelity to the lord emperor as regards his life, and not introducing any enemy into his kingdom out of enmity, and not consenting to or concealing another’s faithlessness to him; but that all may know that this oath contains in itself this meaning:

First, that each one voluntarily shall strive, in accordance with his knowledge and ability, to live wholly in the holy service of God in accordance with the precept of God and in accordance with his own promise, because the lord emperor is unable to give to all individually the necessary care and discipline.

Secondly, that no man, either through perjury or any other wile or fraud, on account of the flattery or gift of any one, shall refuse to give back or dare to abstract or conceal a serf of the lord emperor or a district or land or anything that belongs to him; and that no one shall presume, through perjury or other wile, to conceal or abstract his fugitive fiscaline serfs who unjustly and fraudulently say that they are free.

That no one shall presume to rob or do any injury fraudulently to the churches of God or widows or orphans or pilgrims; for the lord emperor himself, after God and His saints, has constituted himself their protector and defender.

That no one shall dare to lay waste a benefice of the lord emperor, or to make it his own property.

That no one shall presume to neglect a summons to war from the lord emperor; and that no one of the counts shall be so presumptuous as to dare to dismiss thence any one of those who owe military service, either on account of relationship or flattery or gifts from any one.

That no one shall presume to impede at all in any way a ban or command of the lord emperor, or to dally with his work or to impede or to lessen or in any way to act contrary to his will or commands. And that no one shall dare to neglect to pay his dues or tax.

That no one, for any reason, shall make a practice in court of defending another unjustly, either from any desire of gain when the cause is weak, or by impeding a just judgment by his skill in reasoning, or by a desire of oppressing when the cause is weak. But each one shall answer for his own cause or tax or debt unless any one is infirm or ignorant of pleading; for these the missi or the chiefs who are in the court or the judge who knows the case in question shall plead before the court; or if it is necessary, such a person may be allowed as is acceptable to all and knows the case well; but this shall be done wholly according to the convenience of the chiefs or missi who are present. But in every case it shall be done in accordance with justice and the law; and that no one shall have the power to impede justice by a gift, reward, or any kind of evil flattery or from any hindrance of relationship. And that no one shall unjustly consent to another in anything, but that with all zeal and goodwill all shall be prepared to carry out justice.

For all the above mentioned ought to be observed by the imperial oath.

That bishops and priests shall live according to the canons and shall teach others to do the same.

That bishops, abbots, abbesses, who are in charge of others, with the greatest veneration shall strive to surpass their subjects in this diligence and shall not oppress their subjects with a harsh rule or tyranny, but with sincere love shall carefully guard the flock committed to them with mercy and charity or by the examples of good works. . . .

That bishops, abbots and abbesses, and counts shall be mutually in accord, following the law in order to render a just judgment with all charity and unity of peace, and that they shall live faithfully in accordance with the will of God, so that always everywhere through them and among them a just judgment shall be rendered. The poor, widows, orphans and pilgrims shall have consolation and defense from them; so that we, through their goodwill, may deserve the reward of eternal life rather than punishment. . . .

That counts and centenarii¹ shall compel all to do justice in every respect, and shall have such assistants in their ministries as they can securely confide in, who will observe law and justice faithfully, who will oppress the poor in no manner, who will not dare under any pretext, on account of flattery or reward, to conceal thieves, robbers, murderers, adulterers, magicians, wizards or witches, and all sacrilegious men, but instead will give them up that they may be punished and chastised in accordance with the law, so that, God granting it, all of these evils may be removed from the Christian people.

That judges shall judge justly in accordance with the written law, and not according to their own will.

And we command that no one in our whole kingdom shall dare to deny hospitality to rich or poor or pilgrims, that is, no one shall deny shelter and fire and water to pilgrims traversing our country in God’s name, or to anyone travelling for the love of God or for the safety of his own soul. . . .

Concerning embassies coming from the lord emperor. That the counts and centenarii shall provide most carefully, as they desire the grace of the lord emperor, for the missi who are sent out, so that they may go through their departments without any delay; and he commands to all everywhere that they ought to see to it that no delay is encountered anywhere, but they shall cause them to go on their way in all haste and shall provide for them in such a manner as our missi may direct. . . .

And against those who announce the justice of the lord emperor, let no one presume to plot any injury or damage, or to stir up any enmity. But if any one shall have presumed, let him pay the imperial ban or, if he deserves a heavier punishment, it is commanded that he shall be brought to the emperor’s presence. . . .

That all shall be fully and well prepared, whenever our order or proclamation shall come. But if any one shall then say that he was unprepared and shall have neglected our command, he shall be brought to the palace; and not only he, but also all who dare to transgress our ban or command. . . .

And that all shall be entirely of one mind with our missi in performing justice in every respect. And that they shall not permit the use of perjury at all, for it is necessary that this most evil crime shall be removed from the Christian people. But if any one after this shall have been proved a perjurer, let him know that he shall lose his right hand; and they shall be deprived of their property until we shall render our decision. . . .

Lastly, therefore, we desire all our decrees to be known in our whole kingdom through our missi now sent out, either among the men of the church, bishops, abbots, priests, deacons, canons, all monks or nuns, so that each one in his ministry or profession may keep our ban or decree, or where it may be fitting to thank the citizens for their good will, or to furnish aid, or where there may be need still of correcting anything. Likewise also to the laymen and in all places everywhere, whether they concern the guardianship of the holy churches or of widows and orphans and the weaker; or the robbing of them; or the arrangements for the assembling of the army; or any other matters; how they are to be obedient to our precept and will, or how they observe our ban, or how each one strives in all things to keep himself in the holy service of God; so that all these good things may be well done to the praise of omnipotent God, and we may return thanks where it is fitting. But where we believe there is anything unpunished, we shall so strive to correct it with all our zeal and will that with God’s aid we may bring it to correction, both for our own eternal glory and that of all our faithful. Likewise we desire all the above to be fruitfully known by our counts or centenarii, our ministerials.

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