Читать книгу A Source Book of Mediæval History - Various - Страница 41

Throughout the larger part of Charlemagne's dominion the chief local unit of administration was the county, presided over by the count. The count was appointed by the Emperor, generally from among the most important landed proprietors of the district. His duties included the levy of troops, the publication of the royal decrees or capitularies, the administration of justice, and the collection of revenues. On the frontiers, where the need of defense was greatest, these local officers exercised military functions of a special character and were commonly known as "counts of the march," or dukes, or sometimes as margraves. In order that these royal officials, in whatever part of the country, might not abuse their authority as against their fellow-subjects, or engage in plots against the unity of the empire, Charlemagne devised a plan of sending out at stated intervals men who were known as missi dominici ("the lord's messengers") to visit the various counties, hear complaints of the people, inquire into the administration of the counts, and report conditions to the Emperor. They were to serve as connecting links between the central and local governments and as safeguards against the ever powerful forces of disintegration. Such itinerant royal agents had not been unknown in Merovingian times, and they had probably been made use of pretty frequently by Charles Martel and Pepin the Short. But it was Charlemagne who reduced the employment of missi to a system and made it a fixed part of the governmental machinery of the Frankish kingdom. This he did mainly by the Capitulare Missorum Generale, promulgated early in 802 at an assembly at the favorite capital Aix-la-Chapelle. The whole empire was divided into districts, or missaticæ, and each of these was to be visited annually by two of the missi. A churchman and a layman were usually sent out together, probably because they were to have jurisdiction over both the clergy and the laity, and also that they might restrain each other from injustice or other misconduct. They were appointed by the Emperor, at first from his lower order of vassals, but after a time from the leading bishops, abbots, and nobles of the empire. They were given power to depose minor officials for misdemeanors, and to summon higher ones before the Emperor. By 812, at least, they were required to make four rounds of inspection each year.

In the capitulary for the missi Charlemagne took occasion to include a considerable number of regulations and instructions regarding the general character of the local governments, the conduct of local officers, the manner of life of the clergy, the management of the monasteries, and other things of vital importance to the strength of the empire and the well-being of the people. The capitulary may be regarded as a broad outline of policy and conduct which its author, lately become emperor, wished to see realized throughout his vast dominion.

Source—Text in Monumenta Germaniæ Historica, Leges (Boretius ed.), Vol. I., No. 33, pp. 91–99. Translated by Dana C. Munro in Univ. of Pa. Translations and Reprints, Vol. VI., No. 5, pp. 16–27.

1. 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 The missi sent out 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 he would have all the various classes of persons mentioned in the following chapters 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 craft, 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, honestly 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[175] 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[176] 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 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 in all cases, 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 be anything of such a nature that they, The duties of the missi together with the provincial counts, are not able of themselves to correct it and to do justice concerning it, they shall, without any reservation, refer it, 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, or on account of any relationship, or from fear of the powerful.[177]

2. Concerning the fidelity to be promised to the lord emperor.

He has commanded that every man in his whole kingdom, whether ecclesiastic or layman, and each one according to his Oath to be taken to Charlemagne as emperor 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 the following meaning:

3. First, that each one voluntarily shall strive, in accordance with his knowledge and ability, to live completely in the holy What the new oath was to mean 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, or on account of the flattery or gift of any one, shall refuse to give back or dare to take possession of 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 entice away his fugitive fiscaline serfs[178] 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;[179] for the lord emperor himself, under God and His saints, has constituted himself their protector and defender.

6. That no one shall dare to lay waste a benefice[180] 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 excuse 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[181] or command of the lord emperor, or to tamper 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 Justice to be rendered in the courts weak. But each one shall answer for his own cause or tax or debt, unless any one is infirm or ignorant of pleading;[182] 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 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 no one shall unjustly consent to another in anything, but with all zeal and good-will all shall be prepared to carry out justice.

For all the above mentioned ought to be observed by the imperial oath.[183]

10. [We ordain] that bishops and priests shall live according to the canons[184] and shall teach others to do the same.

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

14. 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 the good-will of these, may deserve the reward of eternal life rather than punishment.

19. That no bishops, abbots, priests, deacons, or other members of the clergy shall presume to have dogs for hunting, or hawks, falcons, and sparrow-hawks, but each shall observe fully the canons or rule of his order.[185] If any one shall presume to do so, let him know that he shall lose his office. And in addition he shall suffer such punishment for his misconduct that the others will be afraid to possess such things for themselves.

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

28. Concerning embassies coming from the lord emperor. That the counts and centenarii[186] shall provide most carefully, as The missi to be helped on their way they desire the good-will of the lord emperor, for the missi who are sent out, so that they may go through their territories without any delay; and the emperor commands all everywhere that they see to it that no delay is encountered anywhere, but they shall cause the missi to go on their way in all haste and shall provide for them in such a manner as they may direct.

32. Murders, by which a multitude of the Christian people perish, we command in every way to be shunned and to be The crime of murder forbidden. … 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 speed shall pay to the relatives of the murdered man the fitting composition for the evil done. 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; moreover, the guilty one shall not delay to pay the composition. … [187] 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.[188]

39. That in our forests no one shall dare to steal our game, which we have already many times forbidden to be done; and Theft of game from the royal forests now we again strictly forbid that any one shall do so in the future; just as each one desires to preserve the fidelity promised to us, so let him take heed to himself. …

40. Lastly, therefore, we desire all our decrees to be known in the 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. … 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.