Source: Translations and Reprints from the Original Sources of European History. Vol 6, no. 5 (1899). Transcribed by Travis McLaurin.
The Most serene and
most Christian lord emperor Charlemagne has chosen from his nobles the
wisest and most prudent men, archbishops and some of the other bishops
also, also, together with venerable abbots and pious laymen, through them
he would have all the various classes of persons mentioned in the following
sections live strictly in accordance with the 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
cunning craft, dare to oppose or thwart 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.
(General Duties of the missi)
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 observe the grace
of omnipotent God and the keep their fidelity pledged to him, so the will
and fear of God, administer them lawfully 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 reservations, refer
this, together with their reports, to the judgment of the emperor. The
straight path of justice shall not be impeded by any one on account of
flattery or gift, or on account of any relationship, or from fear of the
powerful.
(All required to take an
oath of fidelity of Charlemagne as emperor)
Concerning the fidelity
to be promised to the lord emperor: he has commanded that every man in
his whole kingdom, whether ecclesiastic or laymen, each according to his
vow and occupation, shall now pledge to him as emperor the fidelity which
he has previously promised to him as king; and all of those who have not
yet taken and oath shall do likewise, down to those who are twelve years
old.
(What the oath to the emperor
included)
And that it shall
be announced to all in public, so that each one may 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:
First, that each one
voluntarily shall strive, in accordance with his knowledge and ability,
to live entirely 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, or 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 serfs belonging to the
fisc, who wrongly and fraudulently claim that they are free.
That no one shall
presume to rob or in any way do injury fraudulently to the churches of
God, or to 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 impede in any way to ban or command of the lord emperor, or
to dally with his work, or 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…
The oath to the emperor
should include the observance of all those things mentioned above.
(Duties of the prelates)
Bishops and priests
shall live according to the canons and shall teach others to do the same.
Bishops, abbots, and
abbesses, who are in charge of others, shall strive with the greatest devotion
to surpass those subject to them with a harsh rule of tyranny, but with
sincere love shall carefully guard the flock committed to them with mercy
and charity and by the examples of good works……….
(Duties of the monks)
The monks shall live
sincerely and strictly in accordance with the rule, because we know that
anyone whose good will is lukewarm is displeasing God, as John bears witness
in the Apocalypse: “I would thou wert cold or hot. So then because thou
art lukewarm, and neither cold or hot, I will spew 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 the bishop in whose diocese they are shall
take care in every way that they do not get accustomed to wandering outside
of the monastery. But if it shall be necessary for a monk to go outside
in obedience to a command, this shall be done with the counsel and consent
of the bishop. Such persons shall be sent out with a certificate, that
there may be no suspicion of evil in them and that no evil report may arise
from them.
To manage the property
and business outside of the monastery, the abbot with the permission and
counsel of the bishop, shall appoint some person who is not a monk, but
another of the faithful. Let the monks wholly shun secular gain or desire
for worldly affairs; for avarice or a desire for this world ought to be
avoided by all Christians, but especially by those who claim to have renounced
the world and its lusts. Let no one presume in any way to incite strife
or controversies, either within or without the monastery. But if any one
shall have presumed to do so, he shall be corrected by the most severe
discipline of the rule, and in such a manner that others shall fear to
commit such actions. Let them entirely shun drunkenness and feasting, because
it is known to all that these give rise to lust………..
(The Clergy shall not hunt)
Let no bishops, abbot,
priests, deacons, or other members of the clergy presume to keep dogs for
hunting, or hawks, falcons, and sparrow hawks, but each shall observe fully
to canons or rule of his order. If any one shall presume to violate this
order, let him know that he shall lose office; and in addition he shall
suffer such punishment for his offense that the others will be afraid to
appropriate such things for themselves…………
(All shall provide for the
stranger)
And we command that no one
in our whole kingdom shall dare to deny hospitality either to rich or poor,
or to pilgrims; that is no one shall 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. 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.”
(The counts to aid the missi)
Concerning messengers
coming from the lord emperor: 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 provinces without any delay. The
emperor commanded all, everywhere, to see to it that the missi are not
hindered anywhere, but are sent forward with the utmost dispatch and provided
with such things as they may require…
(No one to disturb the royal
game)
In our forest no on
shall dare to steal our game. This has already been many times forbidden;
we now again strictly forbid it for the future. If one would keep his fidelity
pledged to us, let him take heed to his conduct…
(Various purposes of the
orders sent out by the missi)
Finally, we desire
that all our commands should be made known throughout our whole realm by
means of the missi now sent forth, whether these commands be directed to
those connected with the church-bishops, abbots, priests, deacons, canons,
monks, or nuns-with a view of securing the observance of our ban or decrees,
or whether we would duly thank citizens for their good will, or request
them to furnish aid, or to correct some matter…