“Covetousness doth consist in desiring that which others possess, and in giving away nought of that which one’s self possesseth; according to the Apostle it is the root of all evil.”
And,—
“Hospitality must be practised.”
The Capitularies which have been classed under the heads of political, penal, and canonical legislation are the most numerous, and are those which bear most decidedly an imperative or prohibitive stamp; amongst them a prominent place is held by measures of political economy, administration, and police; you will find therein an attempt to put a fixed price on provisions, a real trial of a maximum for cereals, and a prohibition of mendicity, with the following clause:—
“If such mendicants be met with, and they labor not with their hands, let none take thought about giving unto them.”
The interior police of the palace was regulated thereby, as well as that of the empire:
“We do will and decree that none of those who serve in our palace shall take leave to receive therein any man who seeketh refuge there and cometh to hide there, by reason of theft, homicide, adultery, or any other crime. That if any free man do break through our interdicts, and hide such malefactor in our palace, he shall be bound to carry him on his shoulders to the public quarter, and be there tied to the same stake as the malefactor.”
Certain Capitularies have been termed religious legislation in contradistinction to canonical legislation, because they are really admonitions, religious exhortations, addressed not to ecclesiastics alone, but to the faithful, the Christian people in general, and notably characterized by good sense, and, one might almost say, freedom of thought.
For example,
“Beware of venerating the names of martyrs falsely so called, and the memory of dubious saints.”
“Let none suppose that prayer cannot be made to God save in three tongues [probably Latin, Greek, and Germanic, or perhaps the vulgar tongue; for the last was really beginning to take form], for God is adored in all tongues, and man is heard if he do but ask for the things that be right.”
These details are put forward that a proper idea may be obtained of Charlemagne as a legislator, and of what are called his laws. We have here, it will be seen, no ordinary legislator and no ordinary laws: we see the work, with infinite variations and in disconnected form, of a prodigiously energetic and watchful master, who had to think and provide for everything, who had to be everywhere the moving and the regulating spirit. This universal and untiring energy is the grand characteristic of Charlemagne’s government, and was, perhaps, what made his superiority most incontestable and his power most efficient.
It is noticeable that the majority of Charlemagne’s Capitularies belong to that epoch of his reign when he was Emperor of the West, when he was invested with all the splendor of sovereign power. Of the sixty-five Capitularies classed under different heads, thirteen only are previous to the 25th of December, 800, the date of his coronation as emperor at Rome; fifty-two are comprised between the years 801 and 804.