Instructions for Royal Envoys

CHARLEMAGNE, General Capitulary for the Missi (802)

It was one thing for Charlemagne to claim absolute authority as emperor. It was quite another to translate that claim into reality. By the standards of modern government, Charlemagne’s resources were meager. He had no standing army, no police force, and no legion of loyal administrators to enforce his will. Moreover, travel was slow and dangerous in the early Middle Ages, making communication between Charlemagne and local elites difficult and, at times, impossible. In an effort to overcome these challenges, Charlemagne appointed envoys called missi dominici, “agents of the lord king,” to check up on local conditions and to make sure that Charlemagne’s wishes were known and obeyed. As you read Charlemagne’s instructions for envoys, consider what they tell us about Charlemagne’s conception of “good government.” What connections did he seek to make between local recognition of his authority on the one hand, and justice, morality, and prosperity on the other?

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 counts, 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.

2. 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:

3. 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.

4. 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 serfs1 who unjustly and fraudulently say that they are free.

5. 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.

6. That no one shall dare to lay waste a benefice2 of the lord emperor, or to make it his own property.

7. 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.

8. 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.

9. 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.

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

11. 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.

12. That abbots shall live where the monks are and wholly with the monks, in accordance with the rule, and shall diligently learn and observe the canons; the abbesses shall do the same. . . .

17. Moreover, that the monks shall live firmly and strictly in accordance with the rule, because we know that any one whose goodwill is lukewarm is displeasing to God, as John bears witness in the Apocalypse: “I would that thou wert cold or hot. So then, because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth.” Let them in no way usurp to themselves secular business. They shall not have leave to go outside of their monastery at all, unless compelled by a very great necessity; but nevertheless the bishops, in whose diocese they shall be, shall take care in every way that they do not get accustomed to wandering outside of the monastery. . . .

Let them entirely shun drunkenness and feasting, because it is known to all that from these men are especially polluted by lust. For a most pernicious rumor has come to our ears that many in the monasteries have already been detected in fornication and in abomination and uncleanness. It especially saddens and disturbs us that it can be said, without a great mistake, that some of the monks are understood to be sodomites, so that whereas the greatest hope of salvation to all Christians is believed to arise from the life and chastity of the monks, damage has been incurred instead. . . . Certainly, if any such report shall have come to our ears in the future, we shall inflict such a penalty, not only on the guilty but also on those who have consented to such deeds, that no Christian who shall have heard of it will ever dare in the future to perpetrate such acts. . . .

23. The priests shall carefully watch over the clerks whom they have with them, that the latter live according to the canons; that they are not given to vain sports or worldly convivialities or songs or luxuries; but that they live chastely and healthfully. . . .

25. That counts and centenarii3 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.

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

27. 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. If, moreover, any one shall wish to serve them farther, let him expect the best reward from God, who Himself said: “And whoso shall receive one such little child in my name, receiveth me”; and elsewhere: “I was a stranger and ye took me in.”

28. 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. . . .

32. Murders, by which a multitude of the Christian people perishes, we command in every way to be shunned and to be forbidden; God Himself forbade to His followers hatred and enmity, much more murder. For in what manner does any one trust to placate God, who has killed his son nearest to him? In what manner truly does he, who has killed his brother, think that the Lord Christ will be propitious to him? It is a great and terrible danger also with God the Father and Christ, Lord of heaven and earth, to stir up enmities among men: it is possible to escape for some time by remaining concealed, but nevertheless by accident at some time he falls into the hands of his enemies; moreover, where is it possible to flee from God, to whom all secrets are manifest? By what rashness does any one think to escape His anger? Wherefore, lest the people committed to us to be ruled over should perish from this evil, we have taken care to shun this by every means of discipline; because he who shall not have dreaded the wrath of God, shall find us in no way propitious or to be placated; but we wish to inflict the most severe punishment upon any one who shall have dared to murder a man. Nevertheless, lest sin should also increase, in order that the greatest enmities may not arise among Christians, when by the persuasions of the devil murders happen, the criminal shall immediately hasten to make amends and with all celerity shall pay the fitting composition for the evil done to the relatives of the murdered man. And we forbid firmly, that the relatives of the murdered man shall dare in any way to continue their enmities on account of the evil done, or shall refuse to grant peace to him who asks it, but having given their pledges they shall receive the fitting composition and shall make a perpetual peace. . . . But if any one shall have scorned to make the fitting composition, he shall be deprived of his property until we shall render our decision. . . .

40. 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.

From Brian Tierney, ed., The Middle Ages, Volume I: Sources of Medieval History, 3d ed. (New York: Alfred A. Knopf, 1978), pp. 106–110.