=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.
[Sidenote: Justice to be rendered in the courts]
=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;[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.
[Sidenote: Obligations of the clergy]
=11.= That bishops, abbots, and abbesses who are in charge of others, with the greatest veneration shall strive to surpa.s.s their 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 G.o.d, 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 G.o.d"s name, or to any one traveling for the love of G.o.d, or for the safety of his own soul.
[Sidenote: The missi to be helped on their way]
=28.= Concerning emba.s.sies coming from the lord emperor. That the counts and _centenarii_[186] shall provide most carefully, as 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.
[Sidenote: The crime of murder]
=32.= Murders, by which a mult.i.tude of the Christian people perish, we command in every way to be shunned and to be 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]
[Sidenote: Theft of game from the royal forests]
=39.= That in our forests no one shall dare to steal our game, which we have already many times forbidden to be done; and 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 G.o.d"s aid we may bring it to correction, both for our own eternal glory and that of all our faithful.
22. A Letter of Charlemagne to Abbot Fulrad
In Charlemagne"s governmental and military system the clergy, both regular and secular, had a place of large importance. From early Frankish times the bishoprics and monasteries had been acquiring large landed estates on which they enjoyed peculiar political and judicial privileges. These lands came to the church authorities partly by purchase, largely by gift, and not infrequently through concessions by small land-holders who wished to get the Church"s favor and protection without actually moving off the little farms they had been accustomed to cultivate. However acquired, the lands were administered by the clergy with larger independence than was apt to be allowed the average lay owner. Still, they were as much a part of the empire as before and the powerful bishops and abbots were expected to see that certain services were forthcoming when the Emperor found himself in need of them. Among these was the duty of leading, or sending, a quota of troops under arms to the yearly a.s.sembly. In the selection below we have a letter written by Charlemagne some time between 804 and 811 to Fulrad, abbot of St. Quentin (about sixty miles northeast of Paris), respecting the fulfilment of this important obligation. The closing sentence indicates very clearly the price exacted by the Emperor in return for concessions of temporal authority to ecclesiastical magnates.
Source--Text in _Monumenta Germaniae Historica, Leges_ (Boretius ed.), Vol. I., No. 75, p. 168.
[Sidenote: The troops to be brought: their equipment]
In the name of the Father, Son and Holy Ghost. Charles, most serene, august, crowned of G.o.d, great pacific Emperor, who, by G.o.d"s mercy, is King of the Franks and Lombards, to Abbot Fulrad.
Let it be known to you that we have determined to hold our general a.s.sembly[189] this year in the eastern part of Saxony, on the River Bode, at the place which is known as Stra.s.sfurt.[190] Therefore, we enjoin that you come to this meeting-place, with all your men well armed and equipped, on the fifteenth day before the Kalends of July, that is, seven days before the festival of St. John the Baptist.[191] Come, therefore, so prepared with your men to the aforesaid place that you may be able to go thence well equipped in any direction in which our command shall direct; that is, with arms and accoutrements also, and other provisions for war in the way of food and clothing. Each horseman will be expected to have a shield, a lance, a sword, a dagger, a bow, and quivers with arrows; and in your carts shall be implements of various kinds, that is, axes, planes, augers, boards, spades, iron shovels, and other utensils which are necessary in an army. In the wagons also should be supplies of food for three months, dating from the time of the a.s.sembly, together with arms and clothing for six months. And furthermore we command that you see to it that you proceed peacefully to the aforesaid place, through whatever part of our realm your journey shall be made; that is, that you presume to take nothing except fodder, wood, and water. And let the followers of each one of your va.s.sals march along with the carts and hors.e.m.e.n, and let the leader always be with them until they reach the aforesaid place, so that the absence of a lord may not give to his men an opportunity to do evil.
[Sidenote: Gifts for the Emperor]
Send your gifts,[192] which you ought to present to us at our a.s.sembly in the middle of the month of May, to the place where we then shall be. If it happens that your journey shall be such that on your march you are able in person to present these gifts of yours to us, we shall be greatly pleased. Be careful to show no negligence in the future if you care to have our favor.
23. The Carolingian Revival of Learning
One of Charlemagne"s chief claims to distinction is that his reign, largely through his own influence, comprised the most important period of the so-called Carolingian renaissance, or revival of learning. From the times of the Frankish conquest of Gaul until about the middle of the eighth century, education in western Europe, except in Ireland and Britain, was at a very low ebb and literary production quite insignificant. The old Roman intellectual activity had nearly ceased, and two or three centuries of settled life had been required to bring the Franks to the point of appreciating and encouraging art and letters. Even by Charlemagne"s time people generally were far from being awake to the importance of education, though a few of the more far-sighted leaders, and especially Charlemagne himself, had come to lament the gross ignorance which everywhere prevailed and were ready to adopt strong measures to overcome it. Charlemagne was certainly no scholar, judged even by the standards of his own time; but had he been the most learned man in the world his interest in education could not have been greater. Before studying the selection given below, it would be well to read what Einhard said about his master"s zeal for learning and the amount of progress he made personally in getting an education [see pp. 112--113].
The most conspicuous of Charlemagne"s educational measures was his enlarging and strengthening of the Scola Palatina, or Palace School.
This was an inst.i.tution which had existed in the reign of his father Pepin, and probably even earlier. It consisted of a group of scholars gathered at the Frankish court for the purpose of studying and writing literature, educating the royal household, and stimulating learning throughout the country. It formed what we to-day might call an academy of sciences. Under Charlemagne"s care it came to include such men of distinction as Paul the Deacon, historian of the Lombards, Paulinus of Aquileia, a theologian, Peter of Pisa, a grammarian, and above all Alcuin, a skilled teacher and writer from the school of York in England. Its history falls into three main periods: (1) from the middle of the eighth century to the year 782--the period during which it was dominated by Paul the Deacon and his Italian colleagues; (2) from 782 to about 800, when its leading spirit was Alcuin; and (3) from 800 to the years of its decadence in the later ninth century, when Frankish rather than foreign names appear most prominently in its annals.
It was Charlemagne"s ideal that throughout his entire dominion opportunity should be open to all to obtain at least an elementary education and to carry their studies as much farther as they liked. To this end a regular system of schools was planned, beginning with the village school, in charge of the parish priest for the most elementary studies, and leading up through monastic and cathedral schools to the School of the Palace. In the intermediate stages, corresponding to our high schools and academies to-day, the subjects studied were essentially the same as those which received attention in the Scola Palatina. They were divided into two groups: (1) the _trivium_, including grammar, rhetoric, and dialectic (or philosophy), and (2) the _quadrivium_, including geometry, arithmetic, astronomy, and music. The system thus planned was never fully put in operation throughout Frankland, for after Charlemagne"s death the work which he had so well begun was seriously interfered with by the falling off in intellectual aggressiveness of the sovereigns, by civil war, and by the ravages of the Hungarian and Norse invaders [see p. 163]. A capitulary of Louis the Pious in 817, for example, forbade the continuance of secular education in monastic schools. Still, much of what had been done remained, and never thereafter did learning among the Frankish people fall to quite so low a stage as it had pa.s.sed through in the sixth and seventh centuries.
Charlemagne"s interest in education may be studied best of all in his capitularies. In the extract below we have the so-called letter _De Litteris Colendis_, written some time between 780 and 800, which, though addressed personally to Abbot Baugulf, of the monastery of Fulda, was in reality a capitulary establishing certain regulations regarding education in connection with the work of the monks. To the Church was intrusted the task of raising the level of intelligence among the ma.s.ses, and the clergy were admonished to bring together the children of both freemen and serfs in schools in which they might be trained, even as the sons of the n.o.bles were trained at the royal court.
Source--Text in _Monumenta Germaniae Historica, Leges_ (Boretius ed.), Vol. I., No. 29, pp. 78-79. Adapted from translation by Dana C. Munro in _Univ. of Pa. Translations and Reprints_, Vol. VI., No. 5, pp. 12-14.
Charles, by the grace of G.o.d, king of the Franks and Lombards and Patrician of the Romans.[193] To Abbot Baugulf, and to all the congregation--also to the faithful placed under your care--we have sent loving greetings by our amba.s.sadors in the name of all-powerful G.o.d.
[Sidenote: Men of the Church charged with the work of education]
[Sidenote: Even the clergy often unable to speak and write correctly]
Be it known, therefore, to you, devoted and acceptable to G.o.d, that we, together with our faithful, have deemed it expedient that the bishoprics and monasteries intrusted by the favor of Christ to our control, in addition to the order of monastic life and the relationships of holy religion, should be zealous also in the cherishing of letters, and in teaching those who by the gift of G.o.d are able to learn, according as each has capacity. So that, just as the observance of the rule[194] adds order and grace to the integrity of morals, so also zeal in teaching and learning may do the same for sentences, to the end that those who wish to please G.o.d by living rightly should not fail to please Him also by speaking correctly. For it is written, "Either from thy words thou shall be justified or from thy words thou shalt be condemned"
[Matt., xii. 37]. Although right conduct may be better than knowledge, nevertheless knowledge goes before conduct. Therefore each one ought to study what he desires to accomplish, in order that so much the more fully the mind may know what ought to be done. as the tongue speeds in the praises of all-powerful G.o.d without the hindrances of mistakes. For while errors should be shunned by all men, so much the more ought they to be avoided, as far as possible, by those who are chosen for this very purpose alone.[195] They ought to be the specially devoted servants of truth. For often in recent years when letters have been written to us from monasteries, in which it was stated that the brethren who dwelt there offered up in our behalf sacred and pious prayers, we have recognized, in most cases, both correct thoughts and uncouth expressions; because what pious devotion dictated faithfully to the mind, the tongue, uneducated on account of the neglect of study, was not able to express in the letter without error. Whence it happened that we began to fear lest perchance, as the skill in writing was less, so also the wisdom for understanding the Holy Scriptures might be much less than it rightly ought to be. And we all know well that, although errors of speech are dangerous, far more dangerous are errors of the understanding.
[Sidenote: Education essential to an understanding of the Scriptures]
Therefore, we exhort you not only not to neglect the study of letters, but also with most humble mind, pleasing to G.o.d, to study earnestly in order that you may be able more easily and more correctly to penetrate the mysteries of the divine Scriptures.
Since, moreover, images [similes], tropes[196] and like figures are found in the sacred pages, n.o.body doubts that each one in reading these will understand the spiritual sense more quickly if previously he shall have been fully instructed in the mastery of letters. Such men truly are to be chosen for this work as have both the will and the ability to learn and a desire to instruct others.
And may this be done with a zeal as great as the earnestness with which we command it. For we desire you to be, as the soldiers of the Church ought to be, devout in mind, learned in discourse, chaste in conduct, and eloquent in speech, so that when any one shall seek to see you, whether out of reverence for G.o.d or on account of your reputation for holy conduct, just as he is edified by your appearance, he may also be instructed by the wisdom which he has learned from your reading or singing, and may go away gladly, giving thanks to Almighty G.o.d.
FOOTNOTES:
[119] Thomas Hodgkin, _Charles the Great_ (London, 1903), p. 222.
[120] The German name for Aix-la-Chapelle was Aachen. From Roman times the place was noted throughout Europe for its warm sulphur springs and for centuries before Charlemagne"s day it had been a favorite resort for health-seekers. It was about the middle of his reign that Charlemagne determined to have the small palace already existing rebuilt, together with its accompanying chapel. Marbles and mosaics were obtained at Rome and Ravenna, and architects and artisans were brought together for the work from all Christendom. The chapel was completed in 805 and was dedicated by Pope Leo III. Both palace and chapel were destroyed a short time before the Emperor"s death, probably as the result of an earthquake. The present town-house of Aix-la-Chapelle has been constructed on the ruins of this palace. The chapel, rebuilt on the ancient octagonal plan in 983, contains the tomb of Charlemagne, marked by a stone bearing the inscription "Carolo Magno." Besides Aachen, Charlemagne had many other residences, as Compiegne, Worms, Attigny, Mainz, Paderborn, Ratisbon, Heristal, and Thionville.
[121] A loose, flowing outer garment, or cloak. It was a feature of ancient Greek dress.
[122] Hadrian I., 772-775. Charlemagne"s first visit to Rome was in 774.
[123] Leo III., 795-816. The Roman dress was donned by Charlemagne during his visit in 800 [see p. 130].
[124] St. Augustine, the greatest of the Church fathers, was born in Numidia in 354. He spent a considerable part of his early life studying in Rome and other Italian cities. The _De Civitate Dei_ ("City of G.o.d"), generally regarded as his most important work, was completed in 426, its purpose being to convince the Romans that even though the supposedly eternal city of Rome had recently been sacked by the barbarian Visigoths, the true "city of G.o.d" was in the hearts of men beyond the reach of desecrating invaders. When he wrote the book Augustine was bishop of Hippo, an important city of northern Africa.
His death occurred in 430, during the siege of Hippo by Gaiseric and his horde of Vandals.
[125] The Count of the Palace was one of the coterie of officials by whose aid Charlemagne managed the affairs of the state. He was primarily an officer of justice, corresponding in a way to the old Mayor of the Palace, but with very much less power.